Legislation protecting people in care

Overview National Assistance Act 1948 Social Work (Scotland) Act 1968 NHS and Community Care Act 1990 National Assistance (Assessment of Resources) Regulations 1992 Human Rights Act 1998 Adults with Incapacity (Scotland) Act 2000 Regulation of Care (Scotland) Act 2001 Community Care and Health (Scotland) Act 2002 Mental Health (Care and Treatment) (Scotland) Act 2003 Adult Support and Protection (Scotland) Act 2007 Equality Act 2010 Patient Rights (Scotland) Act 2011 Social Care (Self-directed Support) (Scotland) Act 2013 Public Bodies (Joint working) (Scotland) Act 2014 Carers (Scotland) Act 2016 Further information about legislation

Carers (Scotland) Act 2016

The Carers (Scotland) Act 2016 was passed in the Scottish Parliament on 4 February 2016. The act came in to effect on 1 April 2018 and will ensure better and more consistent support for carers and young carers so that they can continue to care, if they so wish, in better health and to have a life alongside caring.

The act is designed to support carers’ health and wellbeing and help make caring more sustainable. Measures include:

• a duty for local authorities to provide support to carers, based on the carer’s identified needs which meet the local eligibility criteria
• a specific adult carer support plan (ACSP) and young carer statement (YCS) to identify carers’ needs and personal outcomes
• a requirement for local authorities to have an information and advice service for carers which provides information and advice on, amongst other things, emergency and future care planning, advocacy, income maximisation and carers’ rights
• a requirement for the responsible local authority to consider whether that support should be provided in the form of a break from caring and the desirability of breaks from caring provided on a planned basis

Find out more from the Scottish Government on the latest programmes and initiatives regarding unpaid carers