Memorandum by the Scottish Office
COMMUNITY CARE (DIRECT PAYMENTS) (SCOTLAND)
REGULATIONS 1997 (S.I. 1997/693)
1. This Memorandum is submitted to the Joint Committee on
Statutory Instruments in response to their letter of 18 June 1997
in which they ask for an explanation of the following point arising
in connection with the above Statutory Instrument.
2. Inquiry is made in relation to regulation 3(b) which refers
to "a person who lives with the payee as man and wife".
It is suggested that the person who lives with the payee cannot
be both a man and a wife.
3. It is accepted that the Committee's alternative formulation,
namely: - "Where 2 persons live together as man and wife
and one is the payee" might better express the intention.
However, it is thought that no reader or Court could have any
doubt as to the meaning of the formulation as written, and we
would not propose to change it, unless the Joint Committee advises
us that they would prefer to have it changed; in which case, we
would propose to change it at the next convenient opportunity.
20th June 1997