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7 April, 2020 Open access

Easement of local authority requirements in respect of adults lacking capacity, to protect vulnerable adults at risk of COVID-19 in Scotland

New measures set out in Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday

New measures have been introduced in Scotland that provide for the easement of local authority requirements in respect of adults lacking capacity, in order to provide community care services to protect vulnerable adults at risk of COVID-19.

The changes are provided for by the Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday. In new guidance for stakeholders issued alongside the Act, the Scottish Government advises that Schedule 3, Part 2 amends section 13ZA of the Social Work (Scotland) Act 1968 by -  

The guidance clarifies that this enables the local authority to remove the adult from acute hospital wards to residential care, or other appropriate accommodation, where there may be a deprivation of the adult’s liberty in order to protect them from the risk of infection.

NB - the guidance highlights that this provision will only come into force when and if Ministers approve its use by invoking regulations, and only when evidenced as being absolutely necessary.

For more information, see Coronavirus (COVID-19): guidance for stakeholders on the Coronavirus (Scotland) Act 2020 from gov.scot