Some key legislation in Scotland includes:
Adults with Incapacity (Scotland) Act 2000
This legislation allows for support and intervention for individuals who are deemed to have incapacity. It sets out the provisions for intervention orders, guardianship orders, and continuing and welfare powers of attorney.
Carers (Recognition of Services) Act 1995
This Act places a duty on local authorities to consider the needs of unpaid carers.
Chronically Sick and Disabled Persons (Scotland) Act 1972
This legislation requires local authorities to assess the needs of disabled persons and to provide assistance and services.
Disabled Persons (Services, Consultation and Representatives) Act 1986
This Act permits an authorised representative to be appointed for a disabled person. It also requires that for a person with a mental disorder who has been in hospital for a continuous period of at least six months, both the health and local authority should be notified and carry out an assessment of the individual’s needs.
Mental Health (Care and Treatment) (Scotland) Act 2003
This Act replaces the Mental Health (Scotland) Act 1984. It places a duty on local authorities To meet the needs of ‘mentally disordered’ individuals including the provision of care in the community and aftercare services. It provides where necessary for the detention of individuals in hospital where this is deemed necessary. The Act also sets out the requirement to appoint Mental Health Officers to discharge the duties required by the Act.
Social Care (Self-Directed Support) (Scotland) Act 2013
This act enables people to choose how their support is provided.
Social Work (Scotland) Act 1968
This is the primary legislation detailing the general social work function of the Local Authority.