4. Adaptations and Equipment - The Legal Framework
Functions relating to adaptations and equipment (aids) are part of a range of Local Authority functions that must be delegated to the new Integration Authorities.
A definition of an "aid or adaptation" which must be delegated has been set out in the Regulations. This is to ensure that what is considered to be an "aid or adaptation" is clearly defined, and clearly distinguished from other functions relating to housing or accommodation.
The Regulations define an aid or adaptation as:
"aid or adaptation" means any alteration or addition to the structure, access, layout or fixtures of accommodation, and any equipment or fittings installed or provided for use in accommodation, for the purpose of allowing a person to occupy, or to continue to occupy, the accommodation as their sole or main residence;"
Local Authority functions relevant to this include those contained in:
- Housing (Scotland) Act 2001 section 92, and
- Housing (Scotland) Act 2006 section 71(1) (b)
Both of these functions, as specified in the Regulations, must be included in integrated arrangements to the extent that they are exercised in relation to the provision of an "aid or adaptation" (equipment or adaption).
The Regulations also require section 12 of the Social Work (Scotland) Act 1968 to be included in the integrated arrangements. Linked to this, sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 apply (by virtue of section 29 of that Act) in all cases where a Scottish Local Authority exercises its functions under section 12 of the Social Work (Scotland) Act 1968 in relation to a chronically sick or disabled person. These sections do not operate independently from section 12.
Section 25(3) of the Public Bodies (Joint Working)(Scotland) Act 2014 provides that where a duty applies in relation to the exercise of a delegated function, that duty will apply to the Integration Authority to whom the function has been delegated. Therefore, where section 12 of the 1968 Act is delegated, including in relation to equipment and adaptations, the duties in the 1970 Act that are linked to that section will also apply to the Integration Authority, despite the fact that functions under the Chronically Sick and Disabled Persons Act 1970 are not included in the schedule to the Public Bodies (Joint Working) (Scotland) Act 2014.
Email: Frances Conlan