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

Part 5 S Social care and social work: scrutiny and improvement

Chapter 5 S Miscellaneous

105 Interpretation of Part 5 S

(1) In this Part, unless the context otherwise requires—

• “act as a child minder” has the meaning given by paragraph 12(1) of schedule 12;

• “adoption service” has the meaning given by paragraph 8 of that schedule;

• “adult placement service” has the meaning given by paragraph 11 of that schedule;

• “care home service” has the meaning given by paragraph 2 of that schedule;

• “care service” has the meaning given by section 47(1);

• “child”—

  (a)

  in relation to an adoption service, means a person who is under the age of 18,

  (b)

  in relation to a fostering service, means a person who is under the age of 18, and

  (c)

  for the purposes of paragraph 6 of schedule 12, [F1 means a person who is under the age of 18]

  but otherwise means a person under the age of 16;

• “child care agency” has the meaning given by paragraph 5 of schedule 12;

• “child minding” has the meaning given by paragraph 12 of that schedule;

• “condition notice” has the meaning given by section 66;

• “day care of children” has the meaning given by paragraph 13 of schedule 12;

• “domestic premises” means any premises which are wholly or mainly used as a private dwelling;

• “fostering service” has the meaning given by paragraph 9 of schedule 12;

• “health body” means a Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29);

• “health records” means records relating to the physical or mental health of an individual (including dental records and medical records);

• “hospital” has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978;

• “housing support service” has the meaning given by paragraph 19 of schedule 12;

• “improvement notice” has the meaning given by section 62;

• “limited registration service” has the meaning given by section 61(5);

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) [F2 and, other than in section 51(3), a reference to a local authority includes a person who is providing services in exercise of functions delegated to that person by a local authority in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.];

• “local authority condition notice” has the meaning given by section 85;

• “medical records” means records relating to the physical or mental health of an individual which have been prepared by a registered medical practitioner who is, or has been, responsible for the clinical care of the individual;

• “mental disorder” has the same meaning as in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

• “notice” means notice in writing;

• “nurse agency” has the meaning given by paragraph 4 of schedule 12;

• “offender accommodation service” has the meaning given by paragraph 7 of that schedule;

• “personal care” has the meaning given by paragraph 20 of that schedule;

• “personal support” has the meaning given by that paragraph;

• “premises” includes any vehicle;

• “prescribed” means prescribed by order made by the Scottish Ministers;

• “provide”, in relation to a care service, means to carry on or manage such a service; and includes, in the case of a care service which is provided by a body corporate, a reference to a director, manager, secretary to other similar officer of the body;

• “regulations” means regulations made by the Scottish Ministers;

• “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step-parent;

• “school care accommodation service” has the meaning given by paragraph 3 of schedule 12;

• “secure accommodation service” has the meaning given by paragraph 6 of that schedule;

• “social services” and “social service” have the meanings given by section 46;

• “social work services” has the meaning given by section 48;

• “someone who cares for” (or “a person who cares for”) a person has the meaning given by paragraph 20 of schedule 12;

• “SCSWIS” means Social Care and Social Work Improvement Scotland (which is constituted under section 44);

• “support service” (except in the expression “housing support service”) has the meaning given by paragraph 1 of schedule 12;

• “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit; and

• “vulnerability or need”, in relation to a person, has the meaning given by paragraph 20 of schedule 12.

(2) In this Part, a person who uses, or is eligible to use, a social service includes any person to whom that service is, or may be, provided.

(3) For the purposes of this Part, information is “confidential information” where—

(a) the identity of an individual is ascertainable—

(i) from that information, or

(ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person holding that information, and

(b) the information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.

Textual Amendments

F1 Words in s. 105(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 19(2)

F2 Words in s. 105(1) inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 10(3)

Commencement Information

I1 S. 105 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2 S. 105 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.