The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

PART 2 S MODIFICATIONS OF SUBORDINATE LEGISLATION

Council Tax (Exempt Dwellings) (Scotland) Order 1997 S

22.  In paragraph 25(4) of Schedule 1 to the Council Tax (Exempt Dwellings) (Scotland) Order 1997(1) (prescribed housing support services accommodation), for the definition of “registered” substitute—

““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).”.

Commencement Information

I1 Sch. 1 para. 22 in force at 1.4.2011, see art. 1

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 S

23.  In article 2(2)(a) of the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000(2) (interpretation), for “the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”.

Commencement Information

I2 Sch. 1 para. 23 in force at 1.4.2011, see art. 1

Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001 S

24.  In the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001(3)—

(a) in regulation 1(2) (interpretation)—

(i) the definition of “the Commission” is revoked;

(ii) omit the “and” immediately following the definition of “public body”; and

(iii) 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”; and

(b) in regulation 2(3) (appointments)—

(i) for “convenor” substitute “chair”; and

(ii) for “the Commission” substitute “SCSWIS”.

Commencement Information

I3 Sch. 1 para. 24 in force at 1.4.2011, see art. 1

Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 S

25.  In the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002(4)—

(a) in article 2A(2)(5) (race equality schemes), for sub-paragraph (b) substitute—

“(b) Social Care and Social Work Improvement Scotland;”; and

(b) in article 5A(2)(6) (monitoring by employers), for sub-paragraph (f) substitute—

“(f) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I4 Sch. 1 para. 25 in force at 1.4.2011, see art. 1

Community Care (Assessment of Needs) (Scotland) Regulations 2002 S

26.  In regulation 1(2) of the Community Care (Assessment of Needs) (Scotland) Regulations 2002(7) (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”.

Commencement Information

I5 Sch. 1 para. 26 in force at 1.4.2011, see art. 1

Housing (Scotland) Act 2001 (Housing Support Services) Regulations 2002 S

27.  In regulation 2 of the Housing (Scotland) Act 2001 (Housing Support Services) Regulations 2002(8) (interpretation) for “Regulation of Care (Scotland) Act 2001” substitute “Public Services Reform (Scotland) Act 2010”.

Commencement Information

I6 Sch. 1 para. 27 in force at 1.4.2011, see art. 1

Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003 S

28.  In the Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003(9)—

(a) in article 2 (interpretation)—

(i) for the definition of “the 2001 Act” substitute—

““the 2010 Act” means the Public Services Reform (Scotland) Act 2010;”; and

(ii) in the definition of “care home service” for “2001 Act” substitute “2010 Act”;

(b) in Part I of Schedule 1 (conditions for making payments out of grant)—

(i) in paragraph 1 for “Part 1 of the 2001 Act” substitute “Part 5 of the 2010 Act”;

(ii) in paragraph 2(a) for “section 7(1) of the 2001 Act” substitute “section 59(1) of the 2010 Act”;

(iii) in paragraph 2(b) for “Part 1” substitute “Part 5”; and

(iv) in paragraph 3(10) for “2001 Act” substitute “2010 Act”.

Commencement Information

I7 Sch. 1 para. 28 in force at 1.4.2011, see art. 1

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 S

F1 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 29 revoked (14.2.2013) by The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 (S.S.I. 2013/50), art. 1(1), sch. 5

National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 S

30.  In regulation 2 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003(11) (interpretation), in paragraph (a) of the definition of “capital limit”, 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”.

Commencement Information

I8 Sch. 1 para. 30 in force at 1.4.2011, see art. 1

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 S

F2 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 31 revoked (1.4.2018) by The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66), reg. 1, sch. 9 (with regs. 2, 33(3))

Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004 S

32.  In regulation 2(f) of the Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004(12) (general members), for “subsection (1)(a)” to “Act 2001” substitute “subsection (1)(a), (b), (d), (f), (g) and (j) of section 47 of the Public Services Reform (Scotland) Act 2010”.

Commencement Information

I9 Sch. 1 para. 32 in force at 1.4.2011, see art. 1

Building (Scotland) Regulations 2004 S

33.  In regulation 2(1) of the Building (Scotland) Regulations 2004(13) (interpretation)—

(a) in the definition of “residential care building”, for “Regulation of Care (Scotland) Act 2001” substitute “Public Services Reform (Scotland) Act 2010”; and

(b) in the definition of “sheltered housing complex”, for “Regulation of Care (Scotland) Act 2001” substitute “Public Services Reform (Scotland) Act 2010”.

Commencement Information

I10 Sch. 1 para. 33 in force at 1.4.2011, see art. 1

Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004 S

34.  In regulation 1(2) of the Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004(14) (interpretation)—

(a) 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

(b) in the definition of “social worker” for “that Act” substitute “the Regulation of Care (Scotland) Act 2001”.

Commencement Information

I11 Sch. 1 para. 34 in force at 1.4.2011, see art. 1

Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004 S

35.  In regulation 1(2) of the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004(15) (interpretation)—

(a) 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

(b) in the definition of “social worker”, for “that Act” substitute “the Regulation of Care (Scotland) Act 2001”.

Commencement Information

I12 Sch. 1 para. 35 in force at 1.4.2011, see art. 1

Valuation for Rating (Decapitalisation Rate) (Scotland) Regulations 2005 S

36.  In regulation 2(2)(a) of the Valuation for Rating (Decapitalisation Rate) (Scotland) Regulations 2005(16) (interpretation), for “section 2(20) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 13 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.

Commencement Information

I13 Sch. 1 para. 36 in force at 1.4.2011, see art. 1

Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005 S

37.  In Part I of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005(17)—

(a) the entry relating to the Scottish Commission for the Regulation of Care is revoked; and

(b) at the appropriate place insert—

“Social Care and Social Work Improvement Scotland”.

Commencement Information

I14 Sch. 1 para. 37 in force at 1.4.2011, see art. 1

Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 S

38.  In regulation 1(2) of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (interpretation)(18)—

(a) 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”;

(b) 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”;

(c) 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

(d) 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”.

Commencement Information

I15 Sch. 1 para. 38 in force at 1.4.2011, see art. 1

Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007 S

39.  In Part I of Schedule 1 to the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007(19)—

(a) the entry relating to the Scottish Commission for the Regulation of Care is revoked; and

(b) at the appropriate place insert—

“Social Care and Social Work Improvement Scotland”.

Commencement Information

I16 Sch. 1 para. 39 in force at 1.4.2011, see art. 1

Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 S

40.  In regulation 8(2)(k) of the Representation of the People (Absent Voting at Local Government Elections) Regulations 2007(20) (those who may attest and sign a proxy vote), for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”.

Commencement Information

I17 Sch. 1 para. 40 in force at 1.4.2011, see art. 1

Adoption Agencies (Scotland) Regulations 2009 S

41.  For paragraph 14(j)(ii) of Part I of Schedule 1 to the Adoption Agencies (Scotland) Regulations 2009(21) (information about prospective adopters), substitute—

“(ii) Part 5 of the Public Services Reform (Scotland) Act 2010,”.

Commencement Information

I18 Sch. 1 para. 41 in force at 1.4.2011, see art. 1

Looked After Children (Scotland) Regulations 2009 S

42.  In regulation 2 of the Looked After Children (Scotland) Regulations 2009(22) (interpretation), in the definition of “registered fostering service”, for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”.

Commencement Information

I19 Sch. 1 para. 42 in force at 1.4.2011, see art. 1

Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009 S

43.  In regulation 6 of the Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009(23) (disclosure of information for inquiries etc.), for paragraph (d) substitute—

“(d) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I20 Sch. 1 para. 43 in force at 1.4.2011, see art. 1

Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 S

44.  In regulation 10(2)(h)(i) of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010(24) (individuals to whom an exempted question can be asked), for “section 2(17) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 12 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.

Commencement Information

I21 Sch. 1 para. 44 in force at 1.4.2011, see art. 1

Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011 S

45.  In the definition of “registered nurse” in regulation 2(1) of the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011(25) (interpretation), for “Nurses and Midwives” substitute “Nursing and Midwifery”.

Commencement Information

I22 Sch. 1 para. 45 in force at 1.4.2011, see art. 1

(1)

S.I. 1997/728; which was relevantly amended by S.S.I. 2007/215.

(2)

S.S.I. 2000/177; which was relevantly amended by S.I. 2002/161.

(3)

S.S.I. 2001/303.

(4)

S.I. 2002/62.

(5)

Article 2A was inserted by S.S.I. 2004/521.

(6)

Article 5A was inserted by S.S.I. 2003/566.

(7)

S.S.I. 2002/304.

(8)

S.S.I. 2002/444.

(9)

S.S.I. 2003/140.

(10)

Paragraph 3 of Schedule 1 was amended by S.S.I. 2004/108, 348 and 2005/322.

(11)

S.S.I. 2003/460; to which there are amendments not relevant to this Order.

(12)

S.S.I. 2004/375; to which there are amendments not relevant to this Order.

(13)

S.S.I. 2004/406; to which there are amendments not relevant to this Order.

(14)

S.S.I. 2004/429; to which there are amendments not relevant to this Order.

(15)

S.S.I. 2004/430; to which there are amendments not relevant to this Order.

(16)

S.S.I. 2005/41.

(17)

S.S.I. 2005/565; which was relevantly amended by S.S.I. 2006/129, 2007/195 and 2009/248.

(18)

S.S.I. 2006/90.

(19)

S.S.I. 2007/32. Schedule 1 was amended by S.S.I. 2009/248.

(20)

S.S.I. 2007/170; to which there are amendments not relevant to this Order.

(21)

S.S.I. 2009/154; to which there are amendments not relevant to this Order.

(22)

S.S.I. 2009/210; to which there are amendments not relevant to this Order.

(23)

S.S.I. 2009/268.

(24)

S.S.I. 2010/168.

(25)

S.S.I. 2011/185.