Regulation of Care (Scotland) Act 2001

PART 1 THE COMMISSION AND CARE SERVICES

Constitution of Commission

1 Constitution of Scottish Commission for the Regulation of Care

2 Care services

3 Power to amend the definition of “care service"

4 Information and advice

National care standards

5 National care standards

6 Complaints about care services

7 Applications for registration under Part 1

8 Limited registration

9 Grant or refusal of registration under Part 1

Improvement notices

10 Improvement notices

11 Special provision for certain care services provided by local authorities

Proposals and applications in relation to registered care services

12 Cancellation of registration

13 Condition notices

14 Applications under Part 1 in respect of conditions

15 Further provision as respects notice of proposals

16 Right to make representations to Commission as respects proposals under Part 1

17 Notice of Commission’s decision under Part 1

18 Urgent procedures for cancellation of registration etc.

19 Conditions as to numbers

20 Appeal against decision to implement proposal

21 Offences in relation to registration under Part 1

22 False statements in applications under Part 1

23 Offences by bodies corporate etc.

24 Registration fees

26 Integrated inspections

27 Further provision as regards inspections

28 Regulations relating to the Commission, to registration and to registers

29 Regulations relating to care services

Transfer of staff

30 Transfer of staff

31 Arrangements entered into by local authority or health body: services to be registered

32 Giving of notice

PART 2 LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.

33 Local authority applications for registration under Part 2

34 Grant of local authority application under Part 2

35 Condition notices: services registered under Part 2

36 Applications under Part 2 in respect of conditions

37 Right to make representations to Commission under Part 2 as respects conditions

38 Notice of Commission’s decision under Part 2

39 Appeal against decision under Part 2

40 Offences under Part 2

41 Report to Scottish Ministers

42 Default powers of Scottish Ministers

PART 3 THE COUNCIL

43 Constitution of Scottish Social Services Council

44 Register of social workers and of other social service workers

45 Applications for registration under Part 3

46 Grant or refusal of registration under Part 3

46AVisiting social workers from relevant European States

46BQualifications gained outside Scotland

47 Variation etc. of conditions in relation to registration under Part 3

48 Right to make representations to Council as respects decision under section 47

49 Removal etc. from the Council’s register

50 Notice of Council’s decision under rules under section 49

51 Appeal against decision of Council

52 Use of title “social worker" etc.

Codes of practice

53 Codes of practice

54 Approval of courses etc.

55 Grants and allowances for social service workers’ training

Regulations and rules

56 Regulations relating to the Council

57 Power of Council to make rules

Notification of dismissal etc. for misconduct and provision of other information to Council

57ANotification of dismissal etc. to Council

57BProvision of other information to Council by employer

Functions of the Scottish Ministers

58 Functions of the Scottish Ministers under this Part

PART 4 GENERAL PRINCIPLES

59 General principles

PART 5 PROVISIONS COMMON TO COMMISSION AND COUNCIL

Grants and guarantees

Duty to consult

62Duty of Commission and Council to consult each other

63 Guidance as to consultation

Complaints, inquiries and maladministration

64 Complaints procedure

66 Maladministration

PART 6 MISCELLANEOUS

Central Council for Education and Training in Social Work: cessation of Scottish functions

67 Cessation of exercise of certain functions by Central Council for Education and Training in Social Work

Grants, loans and other payments

68 Grants in respect of activities relating to child care and family support

69 Amendment of Social Work (Scotland) Act 1968: delegation of power to make grants and loans to certain voluntary organisations etc.

70 Amendment of Social Work (Scotland) Act 1968: direct payments to children for care services

71 Amendment of Children Act 1975: maintenance payments to children

Nursing in local authority residential accommodation

72 Provision by local authorities of residential accommodation in which nursing is provided

73 Amendment of Children (Scotland) Act 1995: after-care

Place of safety

74 Amendment of Children (Scotland) Act 1995: “place of safety"

75 Panels for curators ad litem, reporting officers and safeguarders

76 Amendment of Children (Scotland) Act 1995: Children’s Panel Advisory Committees

77Interpretation

78 Orders and regulations

79 Minor and consequential amendments

80 Repeals and transitional provisions etc.

81 Short title and commencement

SCHEDULE 1 THE SCOTTISH COMMISSION FOR THE REGULATION OF CARE

3. . . . . . . . . ....

4. . . . . . . . . ....

5. . . . . . . . . ....

6General powers

7Regulations as to appointments, procedure etc.

SCHEDULE 2 THE SCOTTISH SOCIAL SERVICES COUNCIL

3In making appointments under paragraph 2 above, the Scottish Ministers...

4In making appointments under paragraph 2 above, the Scottish Ministers...

5In paragraph 4 above, “requisite number” means at least two...

6General powers

7Regulations as to appointments, procedure etc.

SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

1Human Tissue Act 1961 (c.54)

2Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)

3Sewerage (Scotland) Act 1968 (c.47)

4Social Work (Scotland) Act 1968 (c.49)

5Medicines Act 1968 (c.67)

6Employment Agencies Act 1973 (c.35)

7Adoption (Scotland) Act 1978 (c.28)

8Water (Scotland) Act 1980 (c.45)

9Administration of Justice Act 1982 (c.53)

10Anatomy Act 1984 (c.14)

11Mental Health (Scotland) Act 1984 (c.36)

12Foster Children (Scotland) Act 1984 (c.56)

13Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

14Income and Corporation Taxes Act 1988 (c.1)

15Children Act 1989 (c.41)

16Opticians Act 1989 (c.44)

17Environmental Protection Act 1990 (c.43)

18Local Government Finance Act 1992 (c.14)

19Children (Scotland) Act 1995 (c.36)

20Criminal Procedure (Scotland) Act 1995 (c.46)

21Police Act 1997 (c.50)

22Adoption (Intercountry Aspects) Act 1999 (c.18)

23Adults with Incapacity (Scotland) Act 2000 (asp 4)

24. . . . . . . . . ....

25Sexual Offences (Amendment) Act 2000 (c.44)

SCHEDULE 4 REPEALS

Royal arms

Regulation of Care (Scotland) Act 2001

2001 asp 8

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 31st May 2001 and received Royal Assent on 5th July 2001

An Act of the Scottish Parliament to establish the Scottish Commission for the Regulation of Care and the Scottish Social Services Council; to make provision for the registration and regulation of care services and for the registration, regulation and training of social service workers; to enable local authorities to make grants in respect of activities relating to child care and family support and to make direct payments to children in respect of certain care services; to enable the Scottish Ministers to delegate a power to make certain grants and loans for social work; to make further provision as respects payments by local authorities towards maintenance of certain children residing with and being cared for by persons other than their parents; to enable local authorities to provide and maintain residential accommodation in which nursing is provided; to make further provision as respects persons who have been looked after by local authorities; to amend the definition of “place of safety" in the Children (Scotland) Act 1995; to make further provision as respects the appointment for children of curators ad litem, reporting officers and safeguarders; and for connected purposes.