72.Section 26 requires the Scottish Ministers to make regulations with the effect that a local authority is under a duty to provide care to a disabled person who moves to its area that is at least equivalent to the care that was being provided to the person by the local authority from whose area the person moved. The duty to provide equivalent care in any given case may be time limited, and subject to other qualifications, specified in the regulations.
73.The care services that a local authority will be duty bound by the regulations to match are “community care services”, which is a concept defined by section 12A(8) of the Social Work (Scotland) Act 1968. It does not include services for children. It does include services under Part 2 of the Social Work Act, which is the principal basis for local authorities providing social care, as well as certain support services under the Mental Health (Care and Treatment) (Scotland) Act 2003.
74.Regulations under section 26 will be subject to the affirmative procedure and may modify other enactments (see section 38).
Overview of the Act Overview of Part 2 Continuity of services for persons who have a disability