Regulation of Care (Scotland) Act 2001

1. Introductory Text

2. PART 1 THE COMMISSION AND CARE SERVICES

   1. Constitution of Commission

      1. 1. Constitution of Scottish Commission for the Regulation of Care

   2. Care services

      1. 2. Care services

      2. 3. Power to amend the definition of “care service”

      3. 4. Information and advice

   3. National care standards

      1. 5. National care standards

   4. Complaints

      1. 6. Complaints about care services

   5. Registration

      1. 7. Applications for registration under Part 1

      2. 8. Limited registration

      3. 9. Grant or refusal of registration under Part 1

   6. Improvement notices

      1. 10. Improvement notices

      2. 11. Special provision for certain care services provided by local authorities

   7. Proposals and applications in relation to registered care services

      1. 12. Cancellation of registration

      2. 13. Condition notices

      3. 14. Applications under Part 1 in respect of conditions

      4. 15. Further provision as respects notice of proposals

      5. 16. Right to make representations to Commission as respects proposals under Part 1

      6. 17. Notice of Commission’s decision under Part 1

      7. 18. Urgent procedures for cancellation of registration etc.

      8. 19. Conditions as to numbers

      9. 20. Appeal against decision to implement proposal

   8. Offences

      1. 21. Offences in relation to registration under Part 1

      2. 22. False statements in applications under Part 1

      3. 23. Offences by bodies corporate etc.

   9. Fees

      1. 24. Registration fees

   10. Inspections

       1. 25. Inspections

       2. 26. Integrated inspections

       3. 27. Further provision as regards inspections

   11. Regulations

       1. 28. Regulations relating to the Commission, to registration and to registers

       2. 29. Regulations relating to care services

   12. Transfer of staff

       1. 30. Transfer of staff

   13. Miscellaneous

       1. 31. Arrangements entered into by local authority or health body: services to be registered

       2. 32. Giving of notice

3. PART 2 LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.

   1. 33. Local authority applications for registration under Part 2

   2. 34. Grant of local authority application under Part 2

   3. 35. Condition notices: services registered under Part 2

   4. 36. Applications under Part 2 in respect of conditions

   5. 37. Right to make representations to Commission under Part 2 as respects conditions

   6. 38. Notice of Commission’s decision under Part 2

   7. 39. Appeal against decision under Part 2

   8. 40. Offences under Part 2

   9. 41. Report to Scottish Ministers

   10. 42. Default powers of Scottish Ministers

4. PART 3 THE COUNCIL

   1. Constitution

      1. 43. Constitution of Scottish Social Services Council

   2. Registration

      1. 44. Register of social workers and of other social service workers

      2. 45. Applications for registration under Part 3

      3. 46. Grant or refusal of registration under Part 3

      4. 47. Variation etc. of conditions in relation to registration under Part 3

      5. 48. Right to make representations to Council as respects proposal

      6. 49. Removal etc. from the Council’s register

      7. 50. Notice of Council’s decision

   3. Appeal

      1. 51. Appeal against decision of Council

   4. Offence

      1. 52. Use of title “social worker” etc.

   5. Codes of practice

      1. 53. Codes of practice

   6. Training

      1. 54. Approval of courses etc.

      2. 55. Grants and allowances for social service workers' training

   7. Regulations and rules

      1. 56. Regulations relating to the Council

      2. 57. Power of Council to make rules

   8. Functions of the Scottish Ministers

      1. 58. Functions of the Scottish Ministers under this Part

5. PART 4 GENERAL PRINCIPLES

   1. 59. General principles

6. PART 5 PROVISIONS COMMON TO COMMISSION AND COUNCIL

   1. Grants and guarantees

      1. 60. Grants

      2. 61. Guarantees

   2. Duty to consult

      1. 62. Duty of Commission and Council to consult each other

      2. 63. Guidance as to consultation

   3. Complaints, inquiries and maladministration

      1. 64. Complaints procedure

      2. 65. Inquiries

      3. 66. Maladministration

7. PART 6 MISCELLANEOUS

   1. Central Council for Education and Training in Social Work: cessation of Scottish functions

      1. 67. Cessation of exercise of certain functions by Central Council for Education and Training in Social Work

   2. Grants, loans and other payments

      1. 68. Grants in respect of activities relating to child care and family support

      2. 69. Amendment of Social Work (Scotland) Act 1968: delegation of power to make grants and loans to certain voluntary organisations etc.

      3. 70. Amendment of Social Work (Scotland) Act 1968: direct payments to children for care services

      4. 71. Amendment of Children Act 1975: maintenance payments to children

   3. Nursing in local authority residential accommodation

      1. 72. Provision by local authorities of residential accommodation in which nursing is provided

   4. After-care

      1. 73. Amendment of Children (Scotland) Act 1995: after-care

   5. Place of safety

      1. 74. Amendment of Children (Scotland) Act 1995: “place of safety”

   6. Panels

      1. 75. Panels for curators ad litem, reporting officers and safeguarders

      2. 76. Amendment of Children (Scotland) Act 1995: Children’s Panel Advisory Committees

8. PART 7 GENERAL

   1. 77. Interpretation

   2. 78. Orders and regulations

   3. 79. Minor and consequential amendments

   4. 80. Repeals and transitional provisions etc.

   5. 81. Short title and commencement

9. 1. SCHEDULE 1

      THE SCOTTISH COMMISSION FOR THE REGULATION OF CARE

      1. 1. Status

      2. 2. Membership

      3. 3. In making appointments under paragraph 2 above, the Scottish Ministers...

      4. 4. In making appointments under paragraph 2 above, the Scottish Ministers...

      5. 5. In paragraph 4 above, “requisite number” means at least two...

      6. 6. General powers

      7. 7. Regulations as to appointments, procedure etc.

      8. 8. Staff

      9. 9. Accounts

      10. 10. Reports

   2. SCHEDULE 2

      THE SCOTTISH SOCIAL SERVICES COUNCIL

      1. 1. Status

      2. 2. Membership

      3. 3. In making appointments under paragraph 2 above, the Scottish Ministers...

      4. 4. In making appointments under paragraph 2 above, the Scottish Ministers...

      5. 5. In paragraph 4 above, “requisite number” means at least two...

      6. 6. General powers

      7. 7. Regulations as to appointments, procedure etc.

      8. 8. Staff

      9. 9. Accounts

      10. 10. Reports

   3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. 1. Human Tissue Act 1961 (c. 54)

      2. 2. Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

      3. 3. Sewerage (Scotland) Act 1968 (c. 47)

      4. 4. Social Work (Scotland) Act 1968 (c. 49)

      5. 5. Medicines Act 1968 (c. 67)

      6. 6. Employment Agencies Act 1973 (c. 35)

      7. 7. Adoption (Scotland) Act 1978 (c. 28)

      8. 8. Water (Scotland) Act 1980 (c. 45)

      9. 9. Administration of Justice Act 1982 (c. 53)

      10. 10. Anatomy Act 1984 (c. 14)

      11. 11. Mental Health (Scotland) Act 1984 (c. 36)

      12. 12. Foster Children (Scotland) Act 1984 (c. 56)

      13. 13. Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

      14. 14. Income and Corporation Taxes Act 1988 (c. 1)

      15. 15. Children Act 1989 (c. 41)

      16. 16. Opticians Act 1989 (c. 44)

      17. 17. Environmental Protection Act 1990 (c. 43)

      18. 18. Local Government Finance Act 1992 (c. 14)

      19. 19. Children (Scotland) Act 1995 (c. 36)

      20. 20. Criminal Procedure (Scotland) Act 1995 (c. 46)

      21. 21. Police Act 1997 (c. 50)

      22. 22. Adoption (Intercountry Aspects) Act 1999 (c. 18)

      23. 23. Adults with Incapacity (Scotland) Act 2000 (asp 4)

      24. 24. Finance Act 2000 (c. 17)

      25. 25. Sexual Offences (Amendment) Act 2000 (c. 44)

   4. SCHEDULE 4

      REPEALS