32.Section 9 amends the Carers (Scotland) Act 2016 to give the Scottish Ministers a power to make regulations setting the timescale within which a local authority must prepare an adult carer support plan. Section 6 of the Carers Act defines what an adult carer support plan is and imposes a duty on local authorities to offer them to persons they identify as adult carers. The expression “adult carer” is defined by section 3 of the Carers Act.
33.Regulations made under the new power to set timescales that section 9 will amend into the Carers Act will be subject to the negative procedure (as defined by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010) as a result of section 42(3) of the Carers Act.
34.Subsections (3) to (5) of section 9 make adjustments in consequence of the new power:
	Subsection (3) provides for the repeal of section 7 of the Carers Act. It contained a power for the Scottish Ministers to make regulations setting a timescale for the preparation of adult carer support plans in cases where the cared-for person was terminally ill. As the new power that section 9(2) of the Act inserts will allow regulations to be made setting timescales for all cases, the more limited version of the power in section 7 is redundant.
	The definition of “terminally ill” in the Carers Act will be made redundant by the repeal of its sections 7 and 14 (see paragraph 37 below) as they are the only two sections in which the expression is used.
	Section 42(2) of the Carers Act contained a cross-reference to section 7 of that Act. Subsection (5) provides for its repeal.
Overview of the Act Overview of Part 2 Adult carer support plan