Commentary on Parts Carers’ Charter Section 36 – Carers’ charter
113.Subsection (1) requires that the Scottish Ministers must prepare a carers’ charter. Subsection (2) defines what a carers’ charter is. It must set out the rights of carers as provided for in or under the Act, but may also include such other information as the Scottish Ministers consider appropriate (see subsection (4)). For example, this might include rights under other legislation.
114.Subsection (3) makes clear that the charter is not to give rise to new rights or alter any existing rights.
115.Subsection (5) provides that the Scottish Ministers may from time to time revise the charter.
116.Subsection (6) requires that the Scottish Ministers must consult such persons and bodies representatives of carers, consult other persons as the Scottish Ministers consider appropriate and take such steps as they consider appropriate to involve carers before preparing or revising the carers’ charter. This section also states that the Scottish Ministers are required to lay the charter or revised charter before the Scottish Parliament and publish the charter or revised charter in the manner they consider appropriate.