2006 No. 274
The Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2006
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 29(1), (2)(c) and (e) and (7)(c) and (o) of the Regulation of Care (Scotland) Act 20011 and of all other powers enabling them in that behalf, and having consulted such persons and groups of persons as they consider appropriate in accordance with section 29(12) of that Act, hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as the Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2006 and shall come into force on 20th June 2006.
Amendment of the principal Regulations2
1
The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 20022 are amended as follows.
2
In regulation 1(2) (interpretation) insert after the definition of “health care professional”–
“personal plan” shall be construed in accordance with regulation 5(1);
3
In regulation 1(5) (interpretation)3, after “nurse agency” insert “or an adult placement service,”.
4
In regulation 4(4) (welfare of users)4, for “or a fostering service” substitute “, a fostering service or an adult placement service”.
5
After regulation 11 (fitness in relation to child minding)5 insert–
Fitness in relation to adult placement services11A
A provider of an adult placement service shall not place any service user in premises in which there is any person living who is unfit to be in the proximity of the service user.
6
For regulation 15 (quality of independent healthcare) substitute–
15
1
A provider of an independent health care service shall ensure that they provide a care service which is appropriate to and meets the service user’s needs as set out in the personal plan.
2
Such provider is also required to–
a
introduce and maintain a system to manage risk associated with or arising from the care and treatment and to review the quality of treatment and other services provided by the care service , which review shall involve consultation with service users; and
b
produce a written record of the outcome of the review carried out under sub-paragraph (a) above and make this record available to the Commission and service users.
7
After regulation 19(6) (records)6 insert–
7
The requirements in paragraph (3)(h), (j) and (k) shall not apply to the provider of an adult placement service.
(This note is not part of the Regulations)