The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002

Financial position

16.—(1) Subject to paragraph (3), a provider shall provide the Commission with such information and documents as it may require in order to consider the financial viability of the care service, including–

(a) the annual accounts of the care service certified by an accountant;

(b) a reference from a bank expressing an opinion as to the provider’s financial standing;

(c) information as to the financing and financial resources of the care service;

(d) where the provider is a company, information as to any of its associated companies; and

(e) a certificate of insurance for the provider in respect of liability which may be incurred by the provider in relation to the care service in respect of death, injury, public liability, damage or other loss.

(2) A provider, other than a person to whom paragraph (3) applies, shall–

(a) ensure that adequate accounts are maintained in respect of the care service and kept up to date;

(b) ensure that the accounts give details of the running costs of the care service, including any rent, payments under a mortgage and expenditure on food, heating and payments to employees; and

(c) supply a copy of the accounts to the Commission at its request.

(3) This regulation shall not apply to–

(a) a local authority; and

(b) except for paragraph (1)(e), a provider of child minding.

(4) In this regulation a company is an associated company of another if one of them has control of the other or both are under the control of the same person.