Legislation protecting people in care

Overview National Assistance Act 1948 Social Work (Scotland) Act 1968 NHS and Community Care Act 1990 National Assistance (Assessment of Resources) Regulations 1992 Human Rights Act 1998 Adults with Incapacity (Scotland) Act 2000 Regulation of Care (Scotland) Act 2001 Community Care and Health (Scotland) Act 2002 Mental Health (Care and Treatment) (Scotland) Act 2003 Adult Support and Protection (Scotland) Act 2007 Equality Act 2010 Patient Rights (Scotland) Act 2011 Social Care (Self-directed Support) (Scotland) Act 2013 Public Bodies (Joint working) (Scotland) Act 2014 Carers (Scotland) Act 2016 Further information about legislation

Community Care and Health (Scotland) Act 2002

The Community Care and Health (Scotland) Act introduced 2 new changes at the time:

• free personal care for older people, regardless of income or whether they live at home or in residential care
• rights for informal or unpaid carers

The act created the right for carers to have a separate carer’s assessment.

Regulations made under the act were amended by The Community Care (Personal Care and Nursing Care) (Scotland) Amendment (Regulations) 2018.

This amendment extended free personal care to people under the age of 65 regardless of their condition starting from 1 April 2019.