P ART 2 H EALTH AND SOCIAL CARE INFORMATION 36 Care records (1) The Scottish Ministers may by regulations provide for a scheme that allows information 30 to be shared in order that services can be provided efficiently and effectively by and on behalf of— (a) the National Care Service, (b) the National Health Service. (2) Regulations under subsection (1) may in particular— 35 (a) require one person to supply information to another person, 17 National Care Service (Scotland) Bill Part 2—Health and social care information (b) create sanctions (civil or criminal) for those who fail to comply with the regulations’ requirements. (3) In this section— “National Care Service” means— 5 (a) a care board, (b) the Scottish Ministers exercising a function conferred on them by virtue of— (i) Part 1, (ii) section 58 of the Regulation of Care (Scotland) Act 2001, 10 “National Health Service” means— 1 (a) a health board, (b) a special health board, (c) the Common Services Agency for the Scottish Health Service, (d) Healthcare Improvement Scotland, 15 (e) the Scottish Ministers exercising a function conferred on them by virtue of the National Health Service (Scotland) Act 1978. 37 Information standard (1) An information standard is a document, produced by the Scottish Ministers, setting out how certain information is to be processed. 20 (2) The Scottish Ministers must make any information standard they produce publicly available. (3) A person to whom subsection (4) applies must— (a) comply with any information standard, and (b) include in any agreement for the provision of a service on the person’s behalf a 25 requirement that the other party comply with any information standard. (4) This subsection applies to— (a) a care board, (b) a health board, (c) a special health board, 30 (d) the Common Services Agency for the Scottish Health Service, (e) Healthcare Improvement Scotland, (f) the Scottish Ministers, but only insofar as they are exercising a function conferred on them by virtue of— (i) Part 1, 35 (ii) section 58 of the Regulation of Care (Scotland) Act 2001, (iii) the National Health Service (Scotland) Act 1978. 18 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (5) The references to an information standard in subsections (2) and (3) do not include an information standard that the Scottish Ministers have withdrawn. (6) In this section, “processed” includes doing any of the things referred to in paragraphs (a) to (f) of section 3(4) of the Data Protection Act 2018. 5 P ART 3 R EFORMS CONNECTED TO DELIVERY AND REGULATION OF CARE Carers 38 Rights to breaks for carers (1) The Carers (Scotland) Act 2016 is modified by subsections (2) to (10). 10 (2) After section 8(2) (adult carers: identification of outcomes and needs for support) insert— 1 “(1) A responsible local authority must identify, as a personal outcome that is relevant to an adult carer, the outcome that the adult carer is able to take sufficient breaks from providing care for the cared-for person. (2) Where an adult carer is not able to take sufficient breaks from providing care 15 for the cared-for person, a responsible local authority must identify the need for support to enable the adult carer to take sufficient breaks from providing that care.”. (3) In section 9(1) (content of adult carer support plan)— (a) after paragraph (h) insert— 20 “(ha) if the adult carer’s identified needs include the need for support to enable the adult carer to take sufficient breaks from providing care by virtue of section 8(4), information about the support which the responsible local authority provides or intends to provide to the adult carer to meet that need,”, 25 (b) in paragraph (j), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ha))”, (c) paragraph (k) is repealed. (4) After section 14(2) (young carers: identification of outcomes and needs for support) insert— 30 “(3) A responsible authority must identify, as a personal outcome that is relevant to a young carer, the outcome that the young carer is able to take sufficient breaks from providing care for the cared-for person. (4) Where a young carer is not able to take sufficient breaks from providing care for the cared-for person, a responsible authority must identify the need for 35 support to enable the young carer to take sufficient breaks from providing that care.”. (5) In section 15(1) (content of young carer statement)— (a) after paragraph (i) insert— 19 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care “(ia) if the young carer’s identified needs include the need for support to enable the young carer to take sufficient breaks from providing care by virtue of section 14(4), information about the support which the responsible local authority provides or intends to provide to the young 5 carer to meet that need,”, (b) in paragraph (k), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ia))”, (c) paragraph (l) is repealed. (6) In section 21 (duty to set local eligibility criteria)— 10 (a) in subsection (2), for “identified” substitute “relevant”, 1 (b) after subsection (4) insert— “(5) In subsection (2), “relevant needs” means identified needs other than any need for support to enable carers to take sufficient breaks from providing care that is identified by virtue of section 8(4) or 14(4).”. 15 (7) In section 23 (national eligibility criteria)— (a) in subsection (2), for “identified” substitute “relevant”, (b) in subsection (3)(c), for “24(3)” substitute “24(2) and (4)”, (c) after subsection (4) insert— “(5) In subsection (2), “relevant needs” means identified needs other than any need 20 for support to enable carers to take sufficient breaks from providing care that is identified by virtue of section 8(4) or 14(4).”. (8) In section 24 (duty to provide support)— (a) in subsection (1)(a), for the words from “section” to “caring” substitute “this section in order to enable the carer to take a break from providing care for the 25 cared-for person”, (b) in subsection (2), for “eligible needs” substitute “relevant needs that meet the local eligibility criteria”, (c) subsection (3) is repealed, (d) in subsection (4)— 30 (i) in paragraph (a), for “the carer’s eligible needs” substitute “any relevant needs of the carer that meet the local eligibility criteria”, (ii) in paragraph (b), for “the carer’s other identified needs” substitute “any relevant needs of the carer that do not meet the local eligibility criteria”, (e) after subsection (4) insert— 35 “(4A) The responsible local authority must also provide support to the carer to meet any need for support to enable the carer to take sufficient breaks from providing care for the cared-for person that is identified by virtue of section 8(4) or 14(4).”, 20 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (f) in subsection (5)— (i) in the opening words, for “Subsection (4)(a) applies” substitute “Subsections (4)(a) and (4A) apply”, (ii) in paragraph (a), for “eligible needs” substitute “identified needs in question”, 5 (iii) in paragraph (b), for “eligible needs” substitute “identified needs in question”, (g) in subsection (6), for the words from “the”, in the first place where it occurs, to the end substitute ““relevant needs”, in relation to a carer, means the carer’s identified needs other than any need for support to enable the carer to take sufficient breaks from providing care that is identified by virtue of section 8(4) 10 or 14(4)”. 1 (9) In section 25 (provision of support to carers: breaks from caring)— (a) subsection (1) is repealed, (b) for subsection (2) substitute— “(2) The Scottish Ministers may by regulations make further provision in connection 15 with the support to be provided to a carer under section 24(4A). (3) Regulations under subsection (2) may in particular make provision about— (a) the meaning of any reference to sufficient breaks in this Act, (b) standards or criteria in relation to the sufficiency of such breaks (including the nature, frequency or duration of breaks), 20 (c) forms of support that may enable a carer to take such breaks, (d) where the support is the provision of care for the cared-for person, the role of the cared-for person in relation to how the care is provided.”, (c) in subsection (3), for “by virtue of subsection (1)” substitute “under section 24(4A)”, 25 (d) in subsection (4)— (i) for “by virtue of subsection (1)” substitute “under section 24(4A)”, (ii) for “caring” substitute “providing care”, (e) in subsection (5), for “as a break from caring” substitute “to enable a carer to take a break from providing care for the cared-for person”. 30 (10) In section 31 (duty to prepare local carer strategy)— (a) after subsection (2)(h) insert— “(ha) plans to promote a variety of providers of support to relevant carers and to promote the variety of support provided,”, (b) after subsection (2) insert— 35 “(2A) In subsection (2), references to support to relevant carers include references to support to enable carers to take a break from providing care for cared-for persons.”. (11) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by subsection (12). 21 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (12) In section 7(1) (choice of options: adult carers and young carers), after “24(4)” insert “or (4A)”. (13) The Social Work (Scotland) Act 1968 is modified by subsection (14). (14) In section 87 (charges that may be made for services and accommodation)— 5 (a) in subsection (1), after “24(4)” insert “or (4A)”, (b) in subsection (1A)(a), after “24(4)” insert “or (4A)”. 39 Enactments relating to carers: minor modifications (1) The Carers (Scotland) Act 2016 is modified by subsection (2). (2) Sections 6(6) and 12(8) are repealed. 10 (3) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by subsection 1 (4). (4) In section 7(1), the words “an adult” in the first place where they occur are repealed. Care homes 40 Visits...