PRESCRIBED FUNCTIONS CONFERRED ON A LOCAL AUTHORITY OFFICER RELATING TO THE PUBLIC BODIES (JOINT WORKING) (SCOTLAND) ACT 2014
Section 1 of the Public Bodies (Joint Working) (Scotland) Act 2014 provides for Regulations to prescribe any function of a Local Authority as a function which must be delegated to the Integration Authority.
The Act restricts the range of Local Authority functions that can be delegated to Integration Authorities to specific "social care" functions. This is set out in the Schedule in the Act.
The Act also restricts Scottish Ministers' powers in prescribing Local Authority social care functions, so that Scottish Ministers can only require the delegation of social care functions insofar as they relate to adults. For the purposes of the Regulations the age limit of 18 is being used to define "adults".
Under section 1(7) of the Act, Scottish Ministers may, by Regulations, prescribe those functions which Local Authorities must delegate under an Integration Scheme.
The legal framework which confers "social care" functions on Local Authorities can be found across a wide range of Scottish legislation. These functions are considered key to the establishment and promotion of a comprehensive and integrated health and social care service across Scotland.
Social work and social care services support some of the most vulnerable people in our society. These services aim to be person centred and community based, with the purpose of promoting and improving, independence and social inclusion. Services which are aimed at increasing an individual's quality of life, self-care and resilience, mitigating the effects of poverty, illness and disability also seek to prevent the inappropriate use of more intensive services.
A number of functions relating to the Adult Support and Protection (Scotland) Act 2007, that must be delegated are restricted to specified persons before they can be authorised to perform the functions of a "council officer".
These Regulations set out which functions conferred on an officer of a Local Authority are prescribed for the purposes of section 23(1)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014.
Email: Alison Beckett
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