This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 and comes into force on 1st April 2011.
1965 c.49; section 50 was amended by the Regulation of Care (Scotland) Act 2001 (asp 8) (“the 2001 Act”), schedule 3, paragraph 2.
1968 c.47; section 59(3A) was inserted by the 2001 Act, schedule 3, paragraph 3(b).
Section 10(3A) was inserted by the Children Act 1975 (c.72), Schedule 2, paragraph 51(b) and amended by the 2001 Act, schedule 3, paragraph 4(2) and S.S.I. 2010/21.
Section 13A was inserted by the National Health Service and Community Care Act 1990 (c.19), section 56 and subsection (2A) was inserted by the 2001 Act, schedule 3, paragraph 4(3).
1980 c.45; section 50(1)(bb) was inserted by the 2001 Act, schedule 3, paragraph 8(b) and was amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 6, paragraph 32.
Section 2(2)(d) was amended by the 2001 Act, schedule 3, paragraph 12(2).
Section 21 was relevantly amended by the 2001 Act, schedule 3, paragraph 12(3)(a).
Section 36(3)(d) was inserted by the 2001 Act, schedule 3, paragraph 19(2)(b).
Section 38(1)(b) was amended by the 2001 Act, schedule 3, paragraph 19(3).
1995 c.46; section 57A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), section 133.
Section 35(3)(b) was amended by the 2001 Act, schedule 3, paragraph 23(2)(c).
Section 35(6) was inserted by the 2001 Act, schedule 3, paragraph 23(2)(d).
Section 40(1) was amended by the 2001 Act, schedule 3, paragraph 23(3)(a).
Paragraph 1(d) of schedule 1 was amended by the 2001 Act, schedule 3, paragraph 23(6).
2001 asp 8; which was relevantly amended by S.I. 2007/3101.
Paragraph 19 was amended by the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3) (“the 2006 Act”), section 8(2).
Section 16(8) was inserted by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 36(b).
Section 329(1) was relevantly amended by S.S.I. 2005/465.
Section 2(2)(c) was amended by the 2006 Act, section 8(3)(a).
Section 6(2)(a) was amended by the 2006 Act, section 8(3)(b).
Section 19(3) was amended by the Public Services Reform (Scotland) Act 2010 (asp 8) (“the 2010 Act”), schedule 14, paragraph 30 and Schedule 17, paragraph 36(b) and S.I. 2010/231.
Section 97(1) was amended by the Policing and Crime Act 2009 (c.26) (“the 2009 Act”), section 81(3)(n) and the 2010 Act, schedule 14, paragraph 34 and S.I. 2010/231.
Paragraph 1A will be inserted upon the commencement of article 4 of S.S.I. 2010/240.
Schedule 5 was amended by the 2009 Act, section 81 and S.I. 2010/231.
S.I. 1997/728; which was relevantly amended by S.S.I. 2007/215.
S.S.I. 2000/177; which was relevantly amended by S.I. 2002/161.
Article 2A was inserted by S.S.I. 2004/521.
Article 5A was inserted by S.S.I. 2003/566.
Paragraph 3 of Schedule 1 was amended by S.S.I. 2004/108, 348 and 2005/322.
Paragraph 9 of Schedule 1 was amended by S.S.I. 2007/75.
Paragraph 19 of Part 2 of Schedule 4 was inserted by S.S.I. 2007/75.
S.S.I. 2003/460; to which there are amendments not relevant to this Order.
S.S.I. 2004/115; to which there are amendments not relevant to this Order.
S.S.I. 2004/375; to which there are amendments not relevant to this Order.
S.S.I. 2004/406; to which there are amendments not relevant to this Order.
S.S.I. 2004/429; to which there are amendments not relevant to this Order.
S.S.I. 2004/430; to which there are amendments not relevant to this Order.
S.S.I. 2005/565; which was relevantly amended by S.S.I. 2006/129, 2007/195 and 2009/248.
S.S.I. 2007/32. Schedule 1 was amended by S.S.I. 2009/248.
S.S.I. 2007/170; to which there are amendments not relevant to this Order.
S.S.I. 2009/154; to which there are amendments not relevant to this Order.
S.S.I. 2009/210; to which there are amendments not relevant to this Order.
1968 c.49; section 13A(2A) was inserted by the 2001 Act, schedule 3, paragraph 4(3).
1978 c.29. Section 12I was inserted by the National Health Service Reform (Scotland) Act 2004 (asp 7), section 3.
1987 c.47. Paragraph 9(4) of schedule 1A was amended by S.S.I. 2005/465.
1995 c.36; section 36(3)(c)(i) was amended by S.S.I. 2005/465.
Section 35(3)(b) was amended by the 2001 Act, schedule 3, paragraph 23(2)(c).
Section 35(6) was inserted by the 2001 Act, schedule 3, paragraph 23(2)(d).
Section 40(1)(a) was amended by the 2001 Act, schedule 3, paragraph 23(3)(a).
Schedule 1 was relevantly amended by the 2001 Act, schedule 3, paragraph 23(6).
2002 asp 5; section 22 was amended by the Mental Health (Care and Treatment) (Scotland) Act 2003, section 28(2)(b).
Paragraph 32C was inserted by S.S.I. 2008/297.
Section 329(1) was amended by S.S.I. 2005/465.
S.I. 1988/1477; which was relevantly amended by S.S.I. 2005/445.
S.I. 1991/564; which was relevantly amended by S.S.I. 2005/550.
S.I. 1991/570; to which there are amendments not relevant to these Regulations.
S.I. 1995/365. Regulation 2(4) of Part A was relevantly amended by S.S.I. 2008/92, 2009/19 and 2010/22.
Paragraph A(10) of Part I of Schedule 1 was amended by S.S.I. 2006/600.
S.I. 1998/1594; which was relevantly amended by S.S.I. 2005/445, 512 and 2008/92.
S.S.I. 2000/54; regulation 3 was amended by S.S.I. 2000/168 and 2002/239. Section 85B(2A) of the National Health Service (Scotland) Act 1978, as inserted by paragraph 18 of Schedule 17 to the 2010 Act, limits the participation of HIS in the Clinical Negligence and Other Risks Indemnity Scheme to HIS’s health service functions.
S.S.I. 2000/177; article 2(2)(a) was amended by S.S.I. 2002/161.
S.S.I. 2001/137; to which there are amendments not relevant to this Order.
S.S.I. 2002/62. Schedule 1 was amended by S.S.I. 2003/331, 556 and 2006/129 and 467.
S.S.I. 2002/103; to which there are amendments not relevant to this Order.
S.S.I. 2002/305; to which there are amendments not relevant to this Order.
S.S.I. 2003/344; which was relevantly amended by S.S.I. 2005/445 and 512.
S.S.I. 2004/115; to which there are amendments not relevant to this Order.
S.S.I. 2004/116; to which there are amendments not relevant to this Order.
S.S.I. 2005/565. Part I of Schedule 1 was amended by S.S.I. 2006/129, 2007/195 and 2009/248.
S.S.I. 2006/484; to which there are amendments not relevant to these Regulations.
S.S.I. 2007/32. Part I of Schedule 1 was amended by S.S.I. 2009/248.
S.S.I. 2008/224; which was relevantly amended by S.S.I. 2010/22.
S.S.I. 2009/166; to which there are amendments not relevant to this Order.
S.S.I. 2003/231; which was relevantly amended by S.S.I. 2007/75.
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 132 of the Public Services Reform (Scotland) Act 2010
In accordance with section 133(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 and comes into force on 1st April 2011.
The modifications specified in Schedules 1, 2 and 3 to this Order have effect.
Article 2
In section 50 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965
In section 59(3A) of the Sewerage (Scotland) Act 1968
In the Social Work (Scotland) Act 1968
in section 10(3A)
for “section 2(11)(b) of the Regulation of Care (Scotland) Act 2001”, substitute “paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010”; and
for “Part 1” substitute “Part 5”; and
after section 13A(2A)
In subsection (2)(b) above, “care home service” has the same meaning as in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).
In section 50(1)(bb) of the Water (Scotland) Act 1980
In the Foster Children (Scotland) Act 1984
in section 2(2)(d)
in section 21(1)
In the Children (Scotland) Act 1995
in section 36(3)(d)
in section 38(1)(b)
In section 57A(16) of the Criminal Procedure (Scotland) Act 1995
The Adults with Incapacity (Scotland) Act 2000
In section 35 (application of Part 4)—
in subsection (3)(b)
in subsection (6)
the Public Services Reform (Scotland) Act 2010 have the same meanings in that subsection as in that Act;
For section 40(1)(a)
a registered establishment which is— registered under the Public Services Reform (Scotland) Act 2010, Social Care and Social Work Improvement Scotland;
In paragraph 1 of schedule 1
for “the Regulation of Care (Scotland) Act 2001”—
the first time it appears, substitute “the Public Services Reform (Scotland) Act 2010”;
the second time it appears, substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”;
in sub-paragraph (d)(i), for “section 7(2)(b)” substitute “section 59(2)(b)”;
in sub-paragraph (d)(ii), for “section 33(1)” substitute “section 83(1)”; and
in sub-paragraph (d)(iii), for “section 29(7)(j)” substitute “section 78(2)”.
For section 77 (interpretation) of the Regulation of Care (Scotland) Act 2001
In this Act, unless the context otherwise requires— “care service” has the meaning given by section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8); “the Council” means the Scottish Social Services Council (which is constituted under section 43 of this Act); “enactment” has the meaning given by section 126(1) of the Scotland Act 1998 (c.46); “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Schedule 5 to the Scotland Act 1998; “exempt person” means— a national of a relevant European State other than the United Kingdom; a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable community right; or a person who is not a national of a relevant European State but who is, by virtue of an enforceable community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State; and in paragraphs (a) to (c), “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services; “the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781); “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39); “notice” means notice in writing; “prescribed” means prescribed by order made by the Scottish Ministers; “regulations” means regulations made by the Scottish Ministers; “relevant European State” means an EEA State or Switzerland; “social service worker” means a person, other than a person excepted from this definition by regulations, who— has an entitling professional qualification in social work (that is to say a qualification which, if the person holding it also satisfies the requirements of subsection (2)(a) and (b) of section 46 of this Act and, except where section 46B of this Act applies, the requirements as to education imposed as mentioned in subsection (2)(c)(i) of that section, entitles that person to be registered in the part for social workers of the register maintained under section 44(1) of this Act); or is a visiting social worker from a relevant European State; or not being a person mentioned in paragraph (a) or (b) above, is employed in the provision of (or in managing the provision of) a care service; or being an employee of Social Care and Social Work Improvement Scotland, is an authorised person by virtue of section 56 of the Public Services Reform (Scotland) Act 2010; “social worker” means a person described in paragraph (a) of the definition, above, of “social service worker”; “visiting social worker from a relevant European state” means a person entitled under section 46A of this Act to be registered in the part of the register maintained under section 44(1) of this Act for visiting social workers from relevant European States; and “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.
In the Community Care and Health (Scotland) Act 2002
in section 1(1)(a) (regulations as respects charging and not charging for social care), for “section 2(28) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010”; and
in section 12(5) (carer information strategies), for “section 2(28) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.
In schedule 1 to the Freedom of Information (Scotland) Act 2002
the following paragraphs are repealed—
19 (social work inspectors)
81 (Scottish Commission for the Regulation of Care); and
after paragraph 102 (Scottish Water) insert—
Social Care and Social Work Improvement Scotland.
In the Criminal Justice (Scotland) Act 2003
in section 14(6)(a)(ii) (victim statements), for “section 2(28) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010”; and
in section 16(8)
The Mental Health (Care and Treatment) (Scotland) Act 2003
In section 8(4) (duty to bring specific matters to the attention of the Scottish Ministers and others etc.), for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”.
In section 25(3)(a)(ii) (care and support services etc.), for “section 2(28) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.
In section 298(6) (removal to a place of safety from a public place), in the definition of “care service”, for “section 2(1) of the Regulation of Care (Scotland) Act 2001” substitute “section 47(1) of the Public Services Reform (Scotland) Act 2010”.
In section 300(b) (meaning of “place of safety”), for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.
In section 329(1)
The Antisocial Behaviour etc. (Scotland) Act 2004
In section 81(3)(b) (interpretation of Part 7)—
in sub-paragraph (i), for “subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;
in sub-paragraph (ii), for “subsection (4) of that section” substitute “paragraph 3 of that schedule”; and
in sub-paragraph (iv), for “subsection (9) of that section” substitute “paragraph 6 of that schedule”.
In section 83(6)(a) (application for registration)—
in sub-paragraph (i), for “subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;
in sub-paragraph (ii), for “subsection (4) of that section” substitute “paragraph 3 of that schedule”; and
in sub-paragraph (iv), for “subsection (9) of that section” substitute “paragraph 6 of that schedule”.
In section 78(5)(b) of the Fire (Scotland) Act 2005
In the Management of Offenders etc. (Scotland) Act 2005
for section 2(2)(c)
Social Care and Social Work Improvement Scotland.
for section 6(2)(a)
Social Care and Social Work Improvement Scotland;
In section 126(1)(b) of the Housing (Scotland) Act 2006
In section 2(3) of the Adoption and Children (Scotland) Act 2007
for “section 2(11)(b) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010”; and
for “Part 1” substitute “Part 5”.
In the Protection of Vulnerable Groups (Scotland) Act 2007
in the list of persons in section 19(3)
in section 97(1)
in paragraph 1A of schedule 2
in paragraph 8 of Part 3 of schedule 3 (establishments), for “the 2001 Act” substitute “schedule 12 to the 2010 Act”; and
in the table in schedule 5
The Sexual Offences (Scotland) Act 2009
In section 44 (interpretation of section 43)—
in the definition of “care home service”, for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8) (“the 2001 Act”)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8) (“the 2010 Act”)”;
in the definition of “school care accommodation service”, for “section 2(4) of the 2001 Act” substitute “paragraph 3 of schedule 12 to the 2010 Act”; and
in the definition of “secure accommodation service”, for “section 2(9) of the 2001 Act” substitute “paragraph 6 of schedule 12 to the 2010 Act”.
In section 46(4) (sexual abuse of trust of a mentally disordered person), for the definition of “care service” substitute—
“care service” has the meaning given by subsection (1)(a), (b), (d), (f), (g), (j) and (m) of section 47 of the Public Services Reform (Scotland) Act 2010 (asp 8) as read with paragraphs 1, 2, 4, 6, 7, 11 and 19 of schedule 12 to that Act,
In schedule 14 to the Public Services Reform (Scotland) Act 2010 (asp 8)
In paragraph 25(4) of Schedule 1 to the Council Tax (Exempt Dwellings) (Scotland) Order 1997
“registered” means that Social Care and Social Work Improvement Scotland has granted an application for registration of a prescribed housing support service under section 60 of the Public Services Reform (Scotland) Act 2010 (grant or refusal of registration).
In article 2(2)(a) of the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000
In the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001
in regulation 1(2) (interpretation)—
the definition of “the Commission” is revoked;
omit the “and” immediately following the definition of “public body”; and
after the definition of “public body” insert—
“SCSWIS” means Social Care and Social Work Improvement Scotland, established by section 44 of the Public Services Reform (Scotland) Act 2010; and
in regulation 2(3) (appointments)—
for “convenor” substitute “chair”; and
for “the Commission” substitute “SCSWIS”.
In the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
in article 2A(2)
Social Care and Social Work Improvement Scotland;
in article 5A(2)
Social Care and Social Work Improvement Scotland;
In regulation 1(2) of the Community Care (Assessment of Needs) (Scotland) Regulations 2002
In regulation 2 of the Housing (Scotland) Act 2001 (Housing Support Services) Regulations 2002
In the Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003
in article 2 (interpretation)—
for the definition of “the 2001 Act” substitute—
“the 2010 Act” means the Public Services Reform (Scotland) Act 2010;
in the definition of “care home service” for “2001 Act” substitute “2010 Act”;
in Part I of Schedule 1 (conditions for making payments out of grant)—
in paragraph 1 for “Part 1 of the 2001 Act” substitute “Part 5 of the 2010 Act”;
in paragraph 2(a) for “section 7(1) of the 2001 Act” substitute “section 59(1) of the 2010 Act”;
in paragraph 2(b) for “Part 1” substitute “Part 5”; and
in paragraph 3
In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
in article 2(1) (interpretation)—
in the definition of “the 2001 Act” paragraphs (a) and (b) are revoked;
after that definition insert—
“the 2010 Act” means the Public Services Reform (Scotland) Act 2010, and the following expressions have the meaning given— by section 44 of that Act, “Social Care and Social Work Improvement Scotland”; and by section 47 of that Act, “care service”;
in paragraph 9 of Schedule 1
in Part 2 of Schedule 4 (excepted offices and employments)
paragraph 26 is revoked; and
in paragraph 33 for “the Scottish Commission for the Regulation of Care” substitute “Social Care and Social Work Improvement Scotland”.
In regulation 2 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003
In regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
In regulation 2(f) of the Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004
In regulation 2(1) of the Building (Scotland) Regulations 2004
in the definition of “residential care building”, for “Regulation of Care (Scotland) Act 2001” substitute “Public Services Reform (Scotland) Act 2010”; and
in the definition of “sheltered housing complex”, for “Regulation of Care (Scotland) Act 2001” substitute “Public Services Reform (Scotland) Act 2010”.
In regulation 1(2) of the Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004
in the definition of “care service”, for “subsection (1)(a)” to the end substitute “subsection (1)(a), (b), (d), (f), (g) and (j) of section 47 of the Public Services Reform (Scotland) Act 2010”; and
in the definition of “social worker” for “that Act” substitute “the Regulation of Care (Scotland) Act 2001”.
In regulation 1(2) of the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004
in the definition of “care service”, for “subsection (1)(a)” to the end substitute “subsection (1)(a), (b), (d), (f), (g) and (j) of section 47 of the Public Services Reform (Scotland) Act 2010”; and
in the definition of “social worker”, for “that Act” substitute “the Regulation of Care (Scotland) Act 2001”.
In regulation 2(2)(a) of the Valuation for Rating (Decapitalisation Rate) (Scotland) Regulations 2005
In Part I of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005
the entry relating to the Scottish Commission for the Regulation of Care is revoked; and
at the appropriate place insert—
Social Care and Social Work Improvement Scotland
In regulation 1(2) of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (interpretation)
in the definition of “care home service”, for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;
in the definition of “educational institution”, for “section 2(4) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 3 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;
in the definition of “offender accommodation service”, for “section 2(10) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 7 of schedule 12 to the Public Services Reform (Scotland) Act 2010”; and
in the definition of “secure accommodation service”, for “section 2(9) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 6 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.
In Part I of Schedule 1 to the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007
the entry relating to the Scottish Commission for the Regulation of Care is revoked; and
at the appropriate place insert—
Social Care and Social Work Improvement Scotland
In regulation 8(2)(k) of the Representation of the People (Absent Voting at Local Government Elections) Regulations 2007
For paragraph 14(j)(ii) of Part I of Schedule 1 to the Adoption Agencies (Scotland) Regulations 2009
Part 5 of the Public Services Reform (Scotland) Act 2010,
In regulation 2 of the Looked After Children (Scotland) Regulations 2009
In regulation 6 of the Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009
Social Care and Social Work Improvement Scotland;
In regulation 10(2)(h)(i) of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010
In the definition of “registered nurse” in regulation 2(1) of the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011
Article 2
For section 13A(2A) of the Social Work (Scotland) Act 1968
In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).
In section 12I of the National Health Service (Scotland) Act 1978
In paragraph 9(4) of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987
— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29).
For section 36(3)(c) of the Children (Scotland) Act 1995
any person providing— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29); and
The Adults with Incapacity (Scotland) Act 2000
In section 35 (application of Part 4)—
in subsection (3)(b)
in subsection (6)
the National Health Service (Scotland) Act 1978 (c.29) have the same meanings in that subsection as in that Act.
In section 40(1)(a)
registered under the National Health Service (Scotland) Act 1978, Healthcare Improvement Scotland;
After paragraph 1(d) of Schedule 1
; in relation to an independent hospital or private psychiatric hospital (as defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29)), the person identified under section 10P(2)(b) of that Act in the application for registration of the service.
In section 22(1) of the Community Care and Health (Scotland) Act 2002
omit the “or” immediately following paragraph (c); and
after paragraph (d) insert—
or Healthcare Improvement Scotland, established by section 10A(1) of that Act;
In Part 4 of schedule 1 to the Freedom of Information (Scotland) Act 2002
after paragraph 27 (a health board) insert—
Healthcare Improvement Scotland.
paragraph 32C (NHS Quality Improvement Scotland)
The Mental Health (Care and Treatment) (Scotland) Act 2003
After section 3(3)(f) (equal opportunities), insert—
(as respects its health service functions only) Healthcare Improvement Scotland;
After section 281(5)(l) (correspondence of certain persons detained in hospital), insert—
Healthcare Improvement Scotland;
In section 298 (removal to a place of safety from a public place)—
in subsection (5)(a)(ii), after “care service” insert “ or, independent health care service”; and
in subsection (6), after the definition of “care service”, insert—
“independent health care service” means any of the following— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29);.
In section 329(1)
for the definition of “independent health care service” substitute—
“independent health care service” means any of the following— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29);; and
in the definition of “managers”, in paragraph (c), for the words from “Part 1” to the end of that paragraph, substitute “section 10Q(1) of the National Health Service (Scotland) Act 1978 (c.29), the person identified under section 10P(2)(b) of that Act in the application for registration”.
In the Antisocial Behaviour etc. (Scotland) Act 2004
in section 81(3)(b) (interpretation of Part 7)—
sub-paragraph (iii) is repealed;
the “or” immediately following sub-paragraph (iii) is repealed; and
after sub-paragraph (iv) insert—
an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8)); a private psychiatric hospital (as defined in that section); an independent clinic (as defined in that section); or an independent medical agency (as defined in that section);
in section 83(6)(a) (application for registration)—
sub-paragraph (iii) is repealed;
the “or” immediately following sub-paragraph (iii) is repealed; and
after sub-paragraph (iv) insert—
an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8)); a private psychiatric hospital (as defined in that section); an independent clinic (as defined in that section); or an independent medical agency (as defined in that section);
In section 126(1)(b) of the Housing (Scotland) Act 2006
In section 44 of the Sexual Offences (Scotland) Act 2009
“independent health care service” means any of the following— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29),.
In regulation 2 of the Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1988
— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978;
In the Common Services Agency (Membership and Procedure) Regulations 1991
in regulation 1(2) (interpretation) after paragraph (c) insert—
“HIS” means Healthcare Improvement Scotland established under section 10A of the Act;
in regulation 2(3) (remuneration of membership) after “Board” insert “, HIS”;
in regulation 3 (resignation and removal of members)—
in paragraph (3)(a) after “Agency” insert “or HIS”; and
in paragraph (4) after “Agency,” insert “of HIS”; and
in regulation 4(1)(e) (disqualification) after “Agency” insert “, under HIS”.
In article 5(4) of the Functions of Health Boards (Scotland) Order 1991
omit the “or” immediately following paragraph (c);
after paragraph (d) insert—
; or HIS.
In regulation A2(4) of the National Health Service Superannuation Scheme (Scotland) Regulations 1995
after “Special Health Board” insert “, Healthcare Improvement Scotland”; and
for “section 2 and section 10” substitute “sections 2, 10 and 10A”.
In the Fees in the Register of Scotland Order 1995
in article 2(d) (interpretation), after paragraph (d) insert—
“Healthcare Improvement Scotland” means the body established by section 10A of the National Health Service (Scotland) Act 1978;
in Schedule 1 (table of fees in the Registers of Scotland)—
in paragraph A(10) of Part I
after paragraph A(7)(c) of Part II (fees for recording a conveyance in the General Register of Sasines) insert—
on behalf of Healthcare Improvement Scotland, completing title as transferee in terms of an order under section 109 of the Public Services Reform (Scotland) Act 2010,
In regulation 2(1) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998
Healthcare Improvement Scotland established by section 10A of the National Health Service (Scotland) Act 1978;
In regulation 3 of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000
omit the “and” immediately following paragraph (d); and
after paragraph (e) insert—
; and Healthcare Improvement Scotland
In article 2(2)(a) of the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000
or, as the case may be, under the National Health Service (Scotland) Act 1978
In article 4(4) of the NHS 24 Order 2001
omit the “or” immediately following sub-paragraph (c); and
after sub-paragraph (d) insert—
; or Healthcare Improvement Scotland
In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
Healthcare Improvement Scotland
In article 4(4) of the NHS Education for Scotland Order 2002
omit the “or” immediately following sub-paragraph (c); and
after sub-paragraph (d) insert—
; or Healthcare Improvement Scotland
In article 4(4) of the National Waiting Times Centre Board (Scotland) Order 2002
omit the “or” immediately following sub-paragraph (c);
after sub-paragraph (d) insert—
; or Healthcare Improvement Scotland
In regulation 2(1) of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003
after “Special Health Board”, insert “Healthcare Improvement Scotland”; and
for “2 and 10” substitute “2, 10 and 10A”.
In paragraph 11 of Part 1 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
In paragraph 2 of Schedule 4 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
In regulation 1(2) of the Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005
“independent health care service” means any of the following— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978..
In Part I of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005
Healthcare Improvement Scotland
In the first entry (any entry information) in the table in Schedule 2 of the National Health Service Central Register (Scotland) Regulations 2006
Healthcare Improvement Scotland;
In Part I of Schedule 1 to the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007
Healthcare Improvement Scotland
In regulation 1(1) of Part 2A of the National Health Service Pension Scheme (Scotland) Regulations 2008
after “Special Health Board” insert “, Healthcare Improvement Scotland”; and
for “and 10” substitute “, 10 and 10A”.
In the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008
in article 1(2) (interpretation), after the definition of “Health Board”, insert ““HIS” means Healthcare Improvement Scotland established by section 10A of the Act;”; and
in article 2 (functions of the agency) paragraphs (b), (c), (d), (f), (i) and (k), immediately before “Health” the first time it occurs, insert “HIS,”.
In regulation 2(1) of the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009
In regulation 4(a) of the Public Health etc. (Scotland) Act 2008 Designation of Competent Persons Regulations 2009
, Healthcare Improvement Scotland
For regulation 4 of the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010
For the purposes of section 94(1)(b)(iii), (iv), (v) and (vi) of the Act, a prescribed service is a service which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being, provided by— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978.
For regulation 2(c) of the Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010
“independent health care service” means any of the following— an independent hospital; a private psychiatric hospital; an independent clinic; or an independent medical agency, as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978.
In the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010
in regulation 9(2) (information sharing)—
omit the “or” immediately following sub-paragraph (a);
after sub-paragraph (b) insert—
, or (in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978)
in regulation 10(2) (requests for information under Council Regulation (EC) No. 2201/2003)—
omit the “or” immediately following sub-paragraph (c);
after sub-paragraph (d) insert—
, or (in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978)
In the definition of “registered nurse” in regulation 2(1) of the Healthcare Improvement Scotland (Inspections) Regulations 2011
In paragraph (e) of the definition of “health care professional” in regulation 1(2) of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011
Article 2
In paragraph 19 of Part 2 of Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
In the definition of “registered nurse” in regulation 7(7) of the Public Services Reform (Joint Inspections) (Scotland) Regulations 2011
(This note is not part of the Order)
This Order makes consequential modifications to primary and secondary legislation in connection with the commencement of Parts 5, 6 and 8 of the Public Services Reform (Scotland) Act 2010 on 1st April 2011.