Amendment of the 2021 Regulations2

In regulation 4 of the 2021 Regulations (use of information supplied by the Scottish Ministers)—

a

after paragraph (1)(b), insert—

c

where regulation 4A applies, a local authority for use for the purposes of the functions of the local authority specified in paragraph (3A),

d

where regulation 4B applies, a local authority for use for the purposes of the functions of the local authority specified in paragraph (3B),

e

where regulation 4C applies, the Public Guardian for use for the purposes of the function of the Public Guardian specified in paragraph (3C),

b

after paragraph (3), insert—

3A

The specified functions referred to in paragraph (1)(c) are—

a

the duty to promote social welfare under section 12 of the Social Work (Scotland) Act 19683 (general social welfare services of local authorities),

b

the duty to children looked after by local authorities under section 17 of the Children (Scotland) Act 19954 (duty of local authority to child looked after by them),

c

the duty to safeguard and promote the welfare of children who are in need under section 22 of the Children (Scotland) Act 19955 (promotion of welfare of children in need),

d

the duty to make inquiries about a person’s well-being, property or financial affairs under section 4 of the Adult Support and Protection (Scotland) Act 20076 (council’s duty to make inquiries),

e

the power to make an application for a child assessment order under section 35 of the Children’s Hearings (Scotland) Act 20117 (child assessment orders),

f

the duty to provide information to the Principal Reporter under section 60 of the Children’s Hearings (Scotland) Act 2011 (local authority’s duty to provide information to Principal Reporter).

3B

The specified functions referred to in paragraph (1)(d) are—

a

the duty to make inquiries about a person’s property or financial affairs under section 4 of the Adult Support and Protection (Scotland) Act 2007 (council’s duty to make inquiries),

b

the duty to investigate any circumstances made known to the local authority in which the personal welfare of an adult seems to them to be at risk under section 10(1)(d) of the Adults with Incapacity (Scotland) Act 20008 (functions of local authorities).

3C

The specified function referred to in paragraph (1)(e) is the duty to investigate circumstances where the property or financial affairs of an adult appear to be at risk under section 6(2)(d) of the Adults with Incapacity (Scotland) Act 20009 (the Public Guardian and his functions).