Public Services Reform (Scotland) Act 2010 (asp 8)

SCHEDULE 14 S Social Care and Social Work Improvement Scotland: modifications of enactments

Regulation of Care (Scotland) Act 2001 (asp 8) S

2 S The Regulation of Care (Scotland) Act 2001 is amended as follows.

Commencement Information

I1 Sch. 14 para. 2 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2 Sch. 14 para. 2 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

3 S In section 53(2)(b) (codes of practice), for “the Commission” substitute “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I3 Sch. 14 para. 3 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I4 Sch. 14 para. 3 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

4 S In section 59 (general principles)—

(a) in subsection (1) the words “, the Commission” are repealed,

(b) after subsection (4), insert—

“(5) In subsection (2), “care service” means a care service as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8).”.

Commencement Information

I5 Sch. 14 para. 4 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I6 Sch. 14 para. 4 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

5 S In section 60 (grants)—

(a) in subsection (1), the words “the Commission or to” are repealed,

(b) in paragraph (a) of that subsection, for “body in question” substitute “ Council ”,

(c) in paragraph (b) of that subsection, for “that body” substitute “ the Council ”.

Commencement Information

I7 Sch. 14 para. 5 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I8 Sch. 14 para. 5 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

6 S In section 61 (guarantees)—

(a) in subsection (1), the words “the Commission or” are repealed,

(b) in subsection (4), the words “the Commission, or as the case may be” are repealed.

Commencement Information

I9 Sch. 14 para. 6 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I10 Sch. 14 para. 6 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

7 S In section 62 (duty of consultation)—

(a) the words “Commission and the” are repealed,

(b) the word “each” is repealed,

(c) for the words “the other” substitute “ Social Care and Social Work Improvement Scotland ”,

(d) for the words “body exercising the function” substitute “ Council ”.

Commencement Information

I11 Sch. 14 para. 7 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I12 Sch. 14 para. 7 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

8 S In section 63 (guidance as to consultation)—

(a) the words “the Commission and to” are repealed,

(b) for the words “body in question” substitute “ Council ”.

Commencement Information

I13 Sch. 14 para. 8 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I14 Sch. 14 para. 8 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

9 S In section 64 (complaints procedure)—

(a) in subsection (1)—

(i) for the words “The Commission and the Council shall each” substitute “ The Council shall ”,

(ii) for the words “body in question” substitute “ Council ”,

(b) in subsection (2), for the words “body in question” substitute “ Council ”,

(c) in subsection (3), for the words “body in question” substitute “ Council ”,

(d) in subsection (4), for the words “body in question” substitute “ Council ”.

Commencement Information

I15 Sch. 14 para. 9 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I16 Sch. 14 para. 9 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

10 S In section 65 (inquiries)—

(a) in subsection (1)—

(i) in paragraph (a), the words “by the Commission or” are repealed,

(ii) paragraph (b) and the word “or” immediately preceding it are repealed,

(b) subsection (2) is repealed,

(c) in subsection (4), paragraph (b) is repealed,

(d) in subsection (6)—

(i) the words “(2) or” are repealed,

(ii) paragraph (a) and the word “or” immediately following it are repealed,

(e) in subsection (7)—

(i) the words “by the Commission or” are repealed,

(ii) for the words “(2), or as the case may be (3),” substitute “ (3) ”,

(iii) for the words “body in question” substitute “ Council ”,

(iv) for the words “that body” substitute “ the Council ”,

(v) for the word “body”, in the third place it occurs, substitute “ Council ”,

(f) in subsection (9), paragraph (a) and the word “or” immediately following it are repealed.

Commencement Information

I17 Sch. 14 para. 10 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I18 Sch. 14 para. 10 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.