The Community Care (Assessment of Needs) (Scotland) Regulations 2002
These Regulations are made under the Community Care and Health (Scotland) Act 2002 (“the Act”). Regulation 2 makes transitional provisions modifying section 12A(1) and (2) of the 1968 Act (regulation 2(1)). By regulation 2(2), a local authority shall regard a relevant person (as defined in regulation 1(2)) as being a person in need of services and the duty to carry out an assessment under section 12A(1)(a) of the 1968 Act shall not apply. Paragraph (3) provides that a local authority, where it does not intend to exercise its power to assess needs, shall, on receipt of a request, decide that the person has needs that call for the provision of a service and those needs shall be treated as such care as the person is receiving from the care home service. Paragraph (4) applies where a local authority does not make an assessment. In such a case, it relieves the local authority of the duty to consult a medical practitioner in accordance with section 12A(2) of the 1968 Act when deciding whether the needs of a person call for the provision of nursing care.