Public Services Reform (Scotland) Act 2010

1. Introductory Text

2. Part 1 Simplification of public bodies

   1. Transfer of functions

      1. 1. Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland

      2. 2. Transfer to Scottish Natural Heritage of functions of Advisory Committee on sites of special scientific interest

      3. 3. Transfer to certain bodies of functions of Waterwatch Scotland

   2. Dissolution of bodies etc.

      1. 4. Dissolution of Scottish Records Advisory Council

      2. 5. Dissolution of Scottish Industrial Development Advisory Board

      3. 6. Dissolution of Building Standards Advisory Committee

      4. 7. Dissolution of Historic Environment Advisory Council for Scotland

      5. 8. Dissolution of Regional Boards of Scottish Environment Protection Agency

   3. Delegation of functions etc.

      1. 9. Delegation of Ministerial functions under section 7 of Industrial Development Act 1982

      2. 10. Delegation of Ministerial functions under section 5 of Science and Technology Act 1965

      3. 11. Delegation of certain functions of Forestry Commissioners under Forestry Act 1967

      4. 12. Forestry Commissioners: joint ventures etc.

   4. Regulation of officers of court

      1. 13. Regulation of officers of court

3. Part 2 Order-making powers

   1. Improving the exercise of public functions

      1. 14. Public functions: efficiency, effectiveness and economy

      2. 15. Public functions: further provision

      3. 16. Preconditions

   2. Removing and reducing burdens

      1. 17. Power to remove or reduce burdens

      2. 18. Preconditions

   3. Specific restrictions

      1. 19. Order in relation to certain bodies: requirement for request and consent

   4. General restrictions

      1. 20. Subordinate legislation and powers of direction, appointment and consent

      2. 21. Local taxation

      3. 22. Criminal penalties

      4. 23. Forcible entry etc.

      5. 24. Prohibition on modification of this Part

   5. Procedure

      1. 25. Procedure

      2. 26. Consultation

      3. 27. Explanatory document laid before the Scottish Parliament

      4. 28. Combination with powers under European Communities Act 1972

   6. General

      1. 29. Order-making powers: modifications of enactments

      2. 30. Interpretation of Part 2

4. Part 3 Information on exercise of public functions

   1. 31. Public functions: duties to provide information on certain expenditure etc.

   2. 32. Public functions: duty to provide information on exercise of functions

   3. 33. Public functions: duty to provide information on special advisers

   4. 34. Public functions: duties to provide information: further provision

   5. 35. Interpretation of Part 3

5. Part 4 Creative Scotland

   1. Creative Scotland

      1. 36. Establishment of Creative Scotland

      2. 37. General functions of Creative Scotland

      3. 38. Advisory and other functions

      4. 39. Grants and loans

      5. 40. Directions and guidance

   2. Miscellaneous and general

      1. 41. Dissolution of Scottish Arts Council

      2. 42. Transfer of staff etc.

      3. 43. Creative Scotland: modifications of enactments

6. Part 5 Social care and social work: scrutiny and improvement

   1. Chapter 1 Social Care and Social Work Improvement Scotland

      1. Social Care and Social Work Improvement Scotland

         1. 44. Social Care and Social Work Improvement Scotland

         2. 45. General principles

      2. Key definitions

         1. 46. Social services

         2. 47. Care services

         3. 48. Social work services

         4. 49. Power to modify key definitions

      3. Miscellaneous

         1. 50. Standards and outcomes

         2. 51. Information and advice

         3. 52. Dissolution of Scottish Commission for the Regulation of Care

   2. Chapter 2 Social services: inspections

      1. Inspections

         1. 53. Inspections

         2. 54. Inspections under section 53: best regulatory practice

         3. 55. Inspections at request of Scottish Ministers

         4. 56. Inspections: authorised persons

         5. 57. Inspections: reports

      2. Regulations

         1. 58. Regulations: inspections

   3. Chapter 3 Care services

      1. Registration of care services

         1. 59. Registration of care services

         2. 60. Grant or refusal of registration

         3. 61. Limited registration

      2. Improvement notices

         1. 62. Improvement notices: care services

         2. 63. Special provision for certain care services provided by local authorities

      3. Proposals and applications in relation to registered care services

         1. 64. Cancellation of registration

         2. 65. Emergency cancellation of registration

         3. 66. Condition notices

         4. 67. Emergency condition notices

         5. 68. Application of Part to condition notices following emergency condition notices

         6. 69. Emergency condition notices: appeals

         7. 70. Applications under Chapter 3 in respect of conditions

         8. 71. Further provision as respects notice of proposals

         9. 72. Right to make representations to SCSWIS as respects proposals under Chapter 3

         10. 73. Notice of SCSWIS's decision under Chapter 3

         11. 74. Conditions as to numbers

         12. 75. Appeal against decision to implement proposal

      4. Fees

         1. 76. Registration fees

      5. Regulations

         1. 77. Regulations: registers and registration

         2. 78. Regulations: care services

      6. Complaints

         1. 79. Complaints about care services

      7. Offences

         1. 80. Offences in relation to registration under Chapter 3

         2. 81. False statements in application under Chapter 3

         3. 82. Offences by bodies corporate etc.

   4. Chapter 4 Local authority adoption and fostering services etc.

      1. 83. Local authority applications for registration under Chapter 4

      2. 84. Grant of local authority application under Chapter 4

      3. 85. Condition notices: services registered under Chapter 4

      4. 86. Applications under Chapter 4 in respect of conditions

      5. 87. Right to make representations to SCSWIS under Chapter 4 as respects conditions

      6. 88. Notice of SCSWIS's decision under Chapter 4

      7. 89. Appeal against decision under Chapter 4

      8. 90. Offences under Chapter 4

      9. 91. Report to Scottish Ministers

      10. 92. Default powers of Scottish Ministers

   5. Chapter 5 Miscellaneous

      1. 93. Grants to SCSWIS

      2. 94. Guarantees

      3. 95. Duty of SCSWIS to consult Scottish Social Services Council

      4. 96. Duty of SCSWIS to consult the Mental Welfare Commission for Scotland

      5. 97. Complaints procedure

      6. 98. Inquiries

      7. 99. Arrangements entered into by local authority or health body: services to be registered

      8. 100. Local authorities and health bodies: awareness of SCSWIS reports etc.

      9. 101. Giving of notice

      10. 102. Transfer of staff etc.

      11. 103. Transfer of staff: further provision

      12. 104. Orders and regulations: procedure

      13. 105. Interpretation of Part 5

      14. 106. Minor and consequential amendments and repeals: SCSWIS

      15. 107. Minor modifications: Scottish Social Services Council

7. Part 6 Health care: scrutiny and improvement

   1. 108. Healthcare Improvement Scotland

   2. 109. Transfer of staff etc. to Healthcare Improvement Scotland

   3. 110. Healthcare Improvement Scotland: constitution, etc.

8. Part 7 The Mental Welfare Commission for Scotland

   1. 111. The Mental Welfare Commission for Scotland

9. Part 8 Scrutiny and complaints

   1. User focus

      1. 112. Scrutiny: user focus

      2. 113. User focus: guidance etc.

   2. Duty of co-operation

      1. 114. Scrutiny: duty of co-operation

   3. Joint inspections

      1. 115. Joint inspections

      2. 116. Participation in joint inspections

      3. 117. Regulations relating to joint inspections

   4. Public finance and accountability

      1. 118. Amendment of Public Finance and Accountability (Scotland) Act 2000

   5. Complaints handling procedures

      1. 119. Complaints handling procedures

10. Part 9 Charities

    1. 120. Information to appear on charity websites

    2. 121. Variation, revocation and review of directions

    3. 122. Powers of Court of Session: deemed removal of persons

    4. 123. Delegation of functions

    5. 124. Reorganisation of charities

    6. 125. Reorganisation of restricted funds

    7. 126. Appointment of charity trustees

    8. 127. Charity trustees' indemnity insurance

    9. 128. Interpretation of Part 9

11. Part 10 Miscellaneous and general

    1. Miscellaneous

       1. 129. Local Government (Scotland) Act 1973: minor amendment

       2. 130. Consultation by water and sewerage services providers

       3. 131. Complaints about water services and sewerage services providers

    2. General

       1. 132. Ancillary provision

       2. 133. Orders and regulations: Parts 8 and 10

       3. 134. Short title and commencement

12. 1. SCHEDULE 1

       Deer Commission for Scotland: modifications of enactments

       1. Natural Heritage (Scotland) Act 1991 (c. 28)

          1. 1. The Natural Heritage (Scotland) Act 1991 is amended as follows....

          2. 2. In section 1 (establishment of Scottish Natural Heritage)—

          3. 3. In section 2 (general functions of SNH), in subsection (1)—...

          4. 4. In section 3 (duty to take account of certain matters),...

       2. Deer (Scotland) Act 1996 (c. 58)

          1. 5. The Deer (Scotland) Act 1996 is amended as follows.

          2. 6. For “the Commission” and “the Commission's”, wherever those words occur...

          3. 7. For the title of Part 1 substitute “ Scottish Natural...

          4. 8. (1) Section 1 (the Deer Commission for Scotland) is amended...

          5. 9. In section 2 (advice and annual reports)—

          6. 10. In section 3 (power to facilitate exercise of functions)—

          7. 11. In section 4 (appointment of panels)— (a) in subsection (1),...

          8. 12. In section 5 (close seasons)— (a) in subsection (3), for...

          9. 13. In section 7 (control agreements)— (a) in subsection (1)—

          10. 14. In section 8 (control schemes)— (a) in subsection (1)—

          11. 15. In section 9 (recovery of control scheme expenses)—

          12. 16. In section 10 (emergency measures)— (a) in subsection (1)—

          13. 17. In section 11 (application of section 10 in relation to...

          14. 18. In section 12 (power to provide services and equipment etc.)—...

          15. 19. In section 15 (power to enter on land), in subsection...

          16. 20. In section 16 (service of notices), in subsection (5), for...

          17. 21. In section 18 (taking or killing deer at night), in...

          18. 22. In section 37 (restrictions on granting certain authorisations)—

          19. 23. In section 39 (disposal of deer killed under authority), for...

          20. 24. In section 40 (returns of number of deer killed), in...

          21. 25. Section 46 (financial provisions) is repealed.

          22. 26. (1) Schedule 1 (Deer Commission for Scotland: supplementary provisions) is...

          23. 27. In Schedule 2 (control schemes), in paragraph 1—

       3. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

          1. 28. In schedule 3 to the Ethical Standards in Public Life...

       4. Scottish Public Services Ombudsman Act 2002 (asp 11)

          1. 29. In schedule 2 to the Scottish Public Services Ombudsman Act...

       5. Freedom of Information (Scotland) Act 2002 (asp 13)

          1. 30. In schedule 1 to the Freedom of Information (Scotland) Act...

       6. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

          1. 31. In schedule 2 to the Public Appointments and Public Bodies...

    2. SCHEDULE 2

       Transfer of Waterwatch Scotland functions: modifications of enactments

       1. Part 1 Amendments

          1. Water Industry (Scotland) Act 2002 (asp 3)

             1. 1. The Water Industry (Scotland) Act 2002 is amended as follows....

             2. 2. After section 2 (Water Customer Consultation Panels) insert— National Consumer...

             3. 3. In section 4 (power of the Commission to require information)...

             4. 4. In section 5 (annual reports by, and information from, the...

             5. 5. In section 6 (funding of the Commission), after subsection (2)...

             6. 6. In the title to section 6 (funding of the Commission),...

             7. 7. In the title to Part 1 (Water Industry Commission and...

             8. 8. In section 27 (approval of customer standards code)—

             9. 9. In section 28 (consultation code), in subsection (3)(a)—

             10. 10. In section 29B (determination of maximum charges), in subsection (4)(a),...

             11. 11. In section 29D(5) (statements regarding charges), for paragraph (b) substitute—...

             12. 12. In section 56A (directions may set objectives), in subsection (4),...

             13. 13. In section 57 (information and reports), in subsection (6)(a), for...

          2. Water Services etc. (Scotland) Act 2005 (asp 3)

             1. 14. In section 19 of the Water Services etc. (Scotland) Act...

          3. Consumers, Estate Agents and Redress Act 2007 (c. 17)

             1. 15. The Consumers, Estate Agents and Redress Act 2007 is amended...

             2. 16. In section 2 (the territorial committees), in subsection (1)(a)—

             3. 17. After section 7 (annual report), insert— Annual report on Scottish...

             4. 18. After section 20 (duty to enter into co-operation arrangements) insert—...

             5. 19. In section 24(9) (provision of information to the Council), after...

             6. 20. In section 25 (enforcement by regulator of Council notice requiring...

       2. Part 2 Repeals

          1. 21. The enactments referred to in the first column of the...

    3. SCHEDULE 3

       Dissolution of Waterwatch Scotland: arrangements for staff, property etc.

       1. Transfer of staff

          1. 1. With effect from the date on which section 3 comes...

          2. 2. (1) With effect from the date on which section 3...

          3. 3. (1) This paragraph applies to any person who—

          4. 4. The contract of employment of a person transferred by virtue...

          5. 5. Without prejudice to paragraph 4, where a person is transferred—...

          6. 6. Paragraphs 1 to 5 do not affect any right of...

       2. Transfer of property etc.

          1. 7. (1) With effect from the date on which section 3(1)...

       3. Transfer of undetermined complaints

          1. 8. (1) This paragraph applies in relation to any complaint (“an...

    4. SCHEDULE 4

       Regulation of officers of court: modifications of enactments

       1. Part 1 Amendments

          1. Debtors (Scotland) Act 1987 (c. 18)

             1. 1. Part 5 of the Debtors (Scotland) Act 1987 is amended...

             2. 2. In section 75 (regulation of organisation, training, conduct and procedure...

             3. 3. In section 76 (Advisory Council on Messengers-at Arms and Sheriff...

             4. 4. In section 79 (investigation of alleged misconduct)—

             5. 5. In section 80 (courts' powers in relation to offences or...

             6. 6. In section 81 (provisions supplementary to section 80)—

             7. 7. (1) In section 82 (appeals from certain decisions)—

             8. 8. After section 86 insert— Electronic communications In this Part, any reference to an admission in writing...

          2. Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

             1. 9. The Bankruptcy and Diligence etc. (Scotland) Act 2007 is amended...

             2. 10. For the title of Part 3 (“Enforcement”) substitute “ Officers...

             3. 11. (1) In section 51 (information and annual report)—

             4. 12. In section 53 (published information not to enable identification)—

             5. 13. (1) In section 61 (regulation of judicial officers)—

             6. 14. (1) In section 62 (duty to notify Commission of bankruptcy...

             7. 15. (1) In section 63 (judicial officers' professional association)—

             8. 16. After section 63 insert— Code of practice (1) The professional association— (a) must prepare and publish a...

             9. 17. (1) In section 64 (duty of professional association to forward...

             10. 18. In section 65 (information from professional association)—

             11. 19. After section 65 insert— Annual fee for officers of court...

             12. 20. (1) In section 66 (inspection of judicial officer)—

             13. 21. (1) In section 75 (judicial officer's action void where officer...

             14. 22. In section 77 (effect of code of practice)—

             15. 23. In section 78 (electronic publications and communications) the words “admission...

             16. 24. (1) In the provisions listed in sub-paragraph (2) for “judicial...

             17. 25. In— (a) sections 117(4), 121(1), 139(1)(c), 157(1)(b) and 183(1)(a), and...

             18. 26. In section 128(1) (interpretation of Chapter 2 of Part 4),...

             19. 27. In section 145(1) (interpretation of Chapter 3 of Part 4),...

             20. 28. In section 178(1) (presumption of ownership), for “A judicial officer”...

             21. 29. In section 198(1) (interpretation of Part 8), after the definition...

             22. 30. In section 221 (interpretation), after the definition of “electronic communication”...

             23. 31. In schedule 5 (minor and consequential amendments), in sub-sub-paragraph (c)...

             24. 32. In Part 1 of schedule 6 (repeals and revocations), in...

       2. Part 2 Repeals

          1. 33. The enactments mentioned in the first column of the following...

    5. SCHEDULE 5

       Improvement of public functions: listed bodies

       1. Scottish Administration

          1. The Scottish Ministers Any other office-holder in the Scottish Administration...

       2. Scottish public authorities with mixed functions or no reserved functions

          1. Accounts Commission for Scotland Additional Support Needs Tribunals for Scotland...

       3. Cross-border public authorities

          1. Forestry Commissioners

    6. SCHEDULE 6

       Part 2 order-making powers (request and consent): listed bodies

       1. Commission for Ethical Standards in Public Life in Scotland Commissioner...

    7. SCHEDULE 7

       Order-making powers: modifications of enactments

       1. Deregulation and Contracting Out Act 1994 (c. 40)

          1. 1. (1) The Deregulation and Contracting Out Act 1994 is amended...

       2. Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

          1. 2. In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland)...

    8. SCHEDULE 8

       Information on exercise of public functions: listed public bodies

       1. The Scottish Ministers Accountant in Bankruptcy Accounts Commission for Scotland...

    9. SCHEDULE 9

       Creative Scotland: establishment etc.

       1. Status

          1. 1. (1) Creative Scotland is a body corporate.

       2. Membership of Creative Scotland

          1. 2. (1) Creative Scotland is to consist of the following members—...

       3. Terms of appointment etc.

          1. 3. (1) Each member of Creative Scotland is to be appointed...

       4. Removal of members

          1. 4. The Scottish Ministers may, by written notice, remove a member...

       5. Disqualification from membership

          1. 5. A person is disqualified from appointment, and from holding office,...

       6. Remuneration and allowances for members

          1. 6. Creative Scotland must pay to each of its members such—...

       7. Chief executive and other employees

          1. 7. (1) Creative Scotland is to employ a chief executive.

       8. Committees

          1. 8. (1) Creative Scotland may establish committees for any purpose relating...

       9. Procedure and meetings

          1. 9. (1) Creative Scotland may determine its own procedure and that...

       10. General powers

           1. 10. (1) Creative Scotland may do anything which appears to be...

       11. Delegation of functions

           1. 11. (1) Creative Scotland may, subject to sub-paragraphs (2) and (3),...

       12. Location of office

           1. 12. Creative Scotland's determination of the location of its office premises...

       13. Accounts

           1. 13. (1) Creative Scotland must— (a) keep proper accounts and accounting...

       14. Reports

           1. 14. (1) As soon as practicable after the end of each...

    10. SCHEDULE 10

        Creative Scotland: modifications of enactments

        1. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

           1. 1. In the Ethical Standards in Public Life etc. (Scotland) Act...

        2. Scottish Public Services Ombudsman Act 2002 (asp 11)

           1. 2. In the Scottish Public Services Ombudsman Act 2002, in schedule...

        3. Freedom of Information (Scotland) Act 2002 (asp 13)

           1. 3. In the Freedom of Information (Scotland) Act 2002, in schedule...

        4. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

           1. 4. In the Public Appointments and Public Bodies etc. (Scotland) Act...

    11. SCHEDULE 11

        Social Care and Social Work Improvement Scotland: establishment etc.

        1. Status

           1. 1. (1) Social Care and Social Work Improvement Scotland is a...

        2. Membership of SCSWIS

           1. 2. (1) SCSWIS is to consist of the following members—

           2. 3. (1) In appointing members, the Scottish Ministers are to have...

        3. Terms of appointment etc.

           1. 4. (1) Each member of SCSWIS is to be appointed for...

        4. Removal of members

           1. 5. The Scottish Ministers may, by written notice, remove a member...

        5. Disqualification from membership

           1. 6. A person is disqualified from appointment, and from holding office,...

        6. Remuneration and allowances for members

           1. 7. SCSWIS must pay to each of its members such—

        7. Chief executive and other employees

           1. 8. (1) SCSWIS is to employ a chief executive.

        8. Committees

           1. 9. (1) SCSWIS may establish committees for any purpose relating to...

        9. Procedure and meetings

           1. 10. (1) SCSWIS may determine its own procedure and that of...

        10. General powers

            1. 11. (1) SCSWIS may do anything which appears to be necessary...

        11. Delegation of functions

            1. 12. (1) SCSWIS may, subject to sub-paragraphs (2) and (3), authorise—...

        12. Location of office

            1. 13. SCSWIS's determination of the location of its office premises is...

        13. Accounts

            1. 14. (1) SCSWIS must— (a) keep proper accounts and accounting records,...

        14. Reports

            1. 15. (1) As soon as practicable after the end of each...

    12. SCHEDULE 12

        Care services: definitions

        1. 1. (1) A “support service” is a service provided, by reason...

        2. 2. A “care home service” is a service which provides accommodation,...

        3. 3. (1) A “school care accommodation service” is a service which—...

        4. 4. A “nurse agency” is a service which consists of or...

        5. 5. (1) A “child care agency” is a service which consists...

        6. 6. A “secure accommodation service” is a service which—

        7. 7. An “offender accommodation service” is a service which consists of...

        8. 8. (1) An “adoption service” is any service which is—

        9. 9. A “fostering service” is a service which is provided by—...

        10. 10. The services mentioned— (a) in paragraph 9(a) and (b) and...

        11. 11. An “adult placement service” is a service which consists of,...

        12. 12. (1) “Child minding” means, subject to sub-paragraphs (2) and (3)...

        13. 13. “Day care of children” means, subject to paragraphs 14(b) to...

        14. 14. For the purposes of— (a) paragraph 12(1), a person does...

        15. 15. (1) Where a person provides a service for children in...

        16. 16. For the purposes of paragraph 13, a service which consists...

        17. 17. For the purposes of paragraph 13, a person does not...

        18. 18. Expressions used in paragraph 2(b), 3 or 17 have the...

        19. 19. A “housing support service” is a service which provides support,...

        20. 20. In this schedule, unless the context otherwise requires— “someone who...

    13. SCHEDULE 13

        Social work services functions: specified enactments

        1. Part 4 of the Children and Young Persons (Scotland) Act...

    14. SCHEDULE 14

        Social Care and Social Work Improvement Scotland: modifications of enactments

        1. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

           1. 1. In schedule 3 to the Ethical Standards in Public Life...

        2. Regulation of Care (Scotland) Act 2001 (asp 8)

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

           2. 3. In section 53(2)(b) (codes of practice), for “the Commission” substitute...

           3. 4. In section 59 (general principles)— (a) in subsection (1) the...

           4. 5. In section 60 (grants)— (a) in subsection (1), the words...

           5. 6. In section 61 (guarantees)— (a) in subsection (1), the words...

           6. 7. In section 62 (duty of consultation)— (a) the words “Commission...

           7. 8. In section 63 (guidance as to consultation)—

           8. 9. In section 64 (complaints procedure)— (a) in subsection (1)—

           9. 10. In section 65 (inquiries)— (a) in subsection (1)—

        3. Scottish Public Services Ombudsman Act 2002 (asp 11)

           1. 11. In Part 2 of schedule 2 to the Scottish Public...

        4. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

           1. 12. In the Public Appointments and Public Bodies etc. (Scotland) Act...

        5. Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

           1. 13. The Mental Health (Care and Treatment) (Scotland) Act 2003 is...

           2. 14. In section 7 (duty to bring matters generally to the...

           3. 15. In section 8(3) (duty to bring specific matters to the...

           4. 16. In section 9(2) (duty to give advice), for paragraph (e)...

           5. 17. In section 17(2) (duties of Scottish Ministers, local authorities and...

           6. 18. In section 34(3) (inquiries under section 33: co-operation), for paragraph...

        6. Adult Support and Protection (Scotland) Act 2007 (asp 10)

           1. 19. The Adult Support and Protection (Scotland) Act 2007 is amended...

           2. 20. In section 5(1) (co-operation), for paragraph (b) substitute—

           3. 21. In section 42(3) (Adult Protection Committees), for paragraph (b) substitute—...

           4. 22. In section 43 (membership)— (a) in subsection (2), for “the...

           5. 23. In section 44(2)(c) (Adult Protection Committee procedure), for “the Care...

           6. 24. In section 45(2)(d) (duty to provide information to Adult Protection...

           7. 25. In section 46(b)(v) (biennial report), for “the Care Commission” substitute...

           8. 26. In section 53(1) (interpretation of Part 1)—

        7. Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

           1. 27. The Protection of Vulnerable Groups (Scotland) Act 2007 is amended...

           2. 28. In section 8 (provision of prescribed information to the Scottish...

           3. 29. In section 17(5)(c) (information relevant to listing decisions)—

           4. 30. In section 19 (information held by public bodies etc.), in...

           5. 31. In section 30(7) (notice of listing, etc)—

           6. 32. In section 73(d) (consideration of suitability), for the words “the...

           7. 33. In section 94 (meaning of “protected child”)—

           8. 34. In section 97(1) (general interpretation)— (a) after the definition of...

           9. 35. In schedule 2 (regulated work with children)—

           10. 36. In schedule 3 (regulated work with adults)—

        8. Repeals

           1. 37. The enactments mentioned in the first column of the following...

    15. SCHEDULE 15

        Scottish Social Services Council: modifications of Regulation of Care (Scotland) Act 2001

        1. 1. Part 3 of the Regulation of Care (Scotland) Act 2001...

        2. 2. In section 46 (grant or refusal of registration under Part...

        3. 3. In section 47 (variation etc. of conditions in relation to...

        4. 4. In section 48 (right to make representations to Council as...

        5. 5. In the heading to section 48, for “proposal” substitute “...

        6. 6. In section 49 (removal etc. from the Council's register), in...

        7. 7. In section 50 (notice of Council's decision)—

        8. 8. In the heading to section 50, at the end, add...

        9. 9. In section 51 (appeal against decision of Council)—

        10. 10. In section 53 (codes of practice)— (a) after subsection (3)...

        11. 11. In section 64 (complaints procedures)— (a) in subsection (2)—

    16. SCHEDULE 16

        Healthcare Improvement Scotland: establishment etc.

        1. After Schedule 5 to the National Health Service (Scotland) Act...

    17. SCHEDULE 17

        Healthcare Improvement Scotland: modifications of enactments

        1. National Health Service (Scotland) Act 1978 (c. 29)

           1. 1. The National Health Service (Scotland) Act 1978 is amended as...

           2. 2. In section 2A (duty of Health Boards and others to...

           3. 3. In the title to that section, for “and the Agency”...

           4. 4. In section 2D (equal opportunities), in subsection (1), for “and...

           5. 5. In section 13 (co-operation between Health Boards and other authorities),...

           6. 6. In section 13A (co-operation in planning of services for disabled...

           7. 7. In section 15 (supply of goods and services to local...

           8. 8. In section 17A (NHS contracts), after subsection (2)(b) insert—

           9. 9. In section 77 (default powers), in subsection (1)—

           10. 10. In section 78A (powers in case of service failure)—

           11. 11. In section 79 (purchase of land and moveable property), in...

           12. 12. In section 83 (power of Health Boards and local health...

           13. 13. In section 84 (power of trustees to make payments to...

           14. 14. In section 84A (power to raise money, etc. by appeals,...

           15. 15. In section 85AA (means of meeting expenditure of Health Boards...

           16. 16. In section 85 (expenses of certain bodies)—

           17. 17. In section 85A (financial duties of bodies referred to in...

           18. 18. In section 85B (schemes for meeting losses and liabilities etc....

           19. 19. In section 86 (accounts of Health Boards and the Agency)—...

           20. 20. In section 87 (regulation of financial arrangements of Health Boards)—...

           21. 21. In section 105 (orders, regulations and directions), in subsection (3)—...

           22. 22. In section 108 (interpretation and construction), after the definition of...

        2. National Health Service and Community Care Act 1990 (c. 19)

           1. 23. In the National Health Service and Community Care Act 1990,...

        3. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

           1. 24. In schedule 3 to the Ethical Standards in Public Life...

        4. Scottish Public Services Ombudsman Act 2002 (asp 11)

           1. 25. In Part 1 of schedule 2 to the Scottish Public...

        5. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

           1. 26. In the Public Appointments and Public Bodies etc. (Scotland) Act...

        6. Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

           1. 27. The Mental Health (Care and Treatment) (Scotland) Act 2003 is...

           2. 28. In section 7 (duty to bring matters generally to the...

           3. 29. In section 8(3) (duty to bring specific matters to the...

           4. 30. In section 9(2) (duty to give advice), after paragraph (d)...

           5. 31. In section 17(2) (duties of Scottish Ministers, local authorities and...

           6. 32. In section 34(3) (inquiries under section 33: co-operation), after paragraph...

        7. Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)

           1. 33. In section 30 of the Smoking, Health and Social Care...

        8. Human Tissue (Scotland) Act 2006 (asp 4)

           1. 34. In section 13 of the Human Tissue (Scotland) Act 2006...

        9. Adult Support and Protection (Scotland) Act 2007 (asp 10)

           1. 35. In the Adult Support and Protection (Scotland) Act 2007—

        10. Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

            1. 36. In the Protection of Vulnerable Groups (Scotland) Act 2007—

        11. Public Health etc. (Scotland) Act 2008 (asp 5)

            1. 37. In the Public Health etc. (Scotland) Act 2008—

    18. SCHEDULE 18

        The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

        1. 1. In section 326(4)(a) of the Mental Health (Care and Treatment)...

        2. 2. Schedule 1 to that Act is amended as follows.

        3. 3. Paragraphs 3, 4 and 5 are repealed.

        4. 4. After paragraph 2 insert— Membership (1) The Commission is to consist of the following members—...

        5. 5. In paragraph 7— (a) in sub-paragraph (1), after “below” insert...

        6. 6. In the title to paragraph 7, for “officer” substitute “...

        7. 7. After paragraph 7 insert— Commission Visitors (1) The Commission must appoint such staff, employed under paragraph...

        8. 8. Paragraph 8 is repealed.

        9. 9. After paragraph 10 insert— Transitional provision: first chief executive (1) The person who, immediately before the coming into force...

    19. SCHEDULE 19

        Scrutiny functions: persons etc. subject to user focus duty

        1. Accounts Commission for Scotland Drinking Water Quality Regulator for Scotland...

    20. SCHEDULE 20

        Scrutiny functions: persons etc. subject to duty of co-operation

        1. Accounts Commission for Scotland Healthcare Improvement Scotland Her Majesty's Chief...