The Regulation of Care (Social Service Workers) (Scotland) Order 2024

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Order 2024 and comes into force on 3 June 2024.

(2) In this Order—

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010(1),

“the Act” means the Regulation of Care (Scotland) Act 2001,

“adult day care service” means a support service which consists of any form of care provided to persons who have attained the age of sixteen years on the premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight),

“care at home service” means a support service as defined in paragraph 1(d) of schedule 12 of the 2010 Act which provides care and support in a person’s home,

“care home service” has the meaning given by paragraph 2 of schedule 12 of the 2010 Act,

“care home service for adults” means a care home service which is provided to persons who have attained the age of sixteen years,

“child” means—

(a)

for the purposes of paragraph (a) of the definition of “residential child care service”, a person under the age of sixteen years,

(b)

for the purposes paragraph (b) of the definition of “residential child care service”, a child within the meaning of section 135(1) (interpretation) of the Education (Scotland) Act 1980(2), and

(c)

for the purposes of paragraph (c) of the definition of “residential child care service”, a child within the meaning of section 93(2)(b) (interpretation) of the Children (Scotland) Act 1995(3),

“day care of children” has the meaning given by paragraph 13 of schedule 12 of the 2010 Act,

“housing support service” has the meaning given by paragraph 19 of schedule 12 of the 2010 Act,

“residential child care service” means a service which consists in the provision of personal care or personal support—

(a)

to any child as part of a care home service,

(b)

to any child as part of a school care accommodation service other than the provision of residential accommodation where it is—

(i)

provided by or under arrangements made by the managers of an independent school and does not provide personal care or support,

(ii)

provided by an education authority with respect to a special school within the meaning of the Education (Scotland) Act 1980, or

(iii)

a hostel provided by the local authority for the use of children to enable them to attend school, or

(c)

to any child as part of a secure accommodation service,

“residential school care accommodation service” means a service which is provided to a child as part of a school care accommodation service which consists of the provision of residential accommodation where it is—

(a)

provided by or under arrangements made by the managers of an independent school and does not provide personal care or support,

(b)

provided by an education authority with respect to a special school within the meaning of the Education (Scotland) Act 1980(4), or

(c)

a hostel provided by the local authority for the use of children to enable them to attend a school,

“school care accommodation service” has the meaning given by paragraph 3 of schedule 12 of the 2010 Act,

“secure accommodation service” has the meaning given by paragraph 6 of schedule 12 of the 2010 Act,

“support service” has the meaning given by paragraph 1 of schedule 12 of the 2010 Act,

(3) In this Order a reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which that reference occurs.

(1)

2010 asp 8.

(2)

1980 c.44.

(3)

1995 c. 36.

(4)

The definition of “special school” in section 135(1) refers to section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).