Social Care Citation, commencement and interpretation 1 1 These Regulations may be cited as the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 and come into force on 24th June 2015. 2 In these Regulations— “the 1968 Act ” means the Social Work (Scotland) Act 1968 ; “the 2002 Act ” means the Community Care and Health (Scotland) Act 2002; “the 2003 Act ” means the Mental Health (Care and Treatment) (Scotland) Act 2003 ; “health authority” means— in relation to Scotland, the Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 ; in relation to England, the clinical commissioning group established in accordance with Chapter A2 of Part 2 of the National Health Service Act 2006 ; in relation to Wales, the Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ; and in relation to Northern Ireland, a Health and Social Care Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ; “health services” means— in relation to the Health Board in Scotland, services under the National Health Service (Scotland) Act 1978; in relation to the clinical commissioning group in England, services under the National Health Service Act 2006; in relation to the Local Health Board in Wales, services under the National Health Service (Wales) Act 2006; and in relation to the Health and Social Care Trust in Northern Ireland, services under the Health and Personal Social Services (Northern Ireland) Order 1972 . Meaning of appropriate establishment 2 1 For the purpose of section 5(1) and (3) of the 2002 Act, “appropriate establishment” has the meaning given in this Regulation. 2 In relation to section 12 of the 1968 Act and section 25 of the 2003 Act it means— a as respects England and Wales, a care home within the meaning of section 3 of the Care Standards Act 2000 ; and b as respects Northern Ireland, a residential care home within the meaning of article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 . 3 In relation to section 13A of the 1968 Act it means— a as respects England and Wales, a care home within the meaning of section 3 of the Care Standards Act 2000; and b as respects Northern Ireland, a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. Duty of local authority to notify health authority of need for health services 3 Where, in performance of its duty under section 12 or 13A of the 1968 Act or section 25 of the 2003 Act, a local authority is arranging the residential accommodation of a person under section 5 of the 2002 Act and it appears to the local authority that the person for whom such arrangements are being made may also be in need of health services administered by the health authority— a in whose area the person is ordinarily resident; or b in whose area the residential accommodation is located; regulation 4 applies. 4 The local authority must notify the health authority and— a request information from them as to what health services are likely to be made available to that person by that health authority; and b take any information received by them in response to that request into account in making the arrangements. SHONA ROBISON A member of the Scottish Government St Andrew’s House, Edinburgh 20th May 2015