Search Legislation

Regulation of Care (Scotland) Act 2001

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Regulation of Care (Scotland) Act 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified provision(s) amendment to earlier commencing S.S.I. 2004/100, art. 3(2) 4(b) by S.S.I. 2004/377 art. 2
  • specified provision(s) amendment to earlier commencing S.S.I. 2006/275, art. 3 by S.S.I. 2007/67 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Regulation of Care (Scotland) Act 2001

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

InspectionsS

25 InspectionsS

(1)The Commission may at any time require a person providing a registered care service to supply it with any information relating to the service which it considers necessary or expedient to have for the purposes of its functions under this Act.

(2)A person authorised by the Commission (in this section and in sections 26 and 27 of this Act referred to as an “authorised person”) may—

(a)inspect any care service; and

(b)at any time enter and inspect premises which are used, or which the person has reasonable cause to believe are used, for the purpose of providing any such service.

(3)The Commission shall secure, in relation to the services mentioned in subsection (4) below—

(a)that the powers conferred by subsection (2)(a) above are exercised—

(i)at least twice in the period of twelve months which immediately follows registration; and

(ii)at least twice in each subsequent period of twelve months; and

(b)that at least one such exercise in each of those periods is without any prior notification.

(4)The services mentioned are—

(a)a care home service;

(b)a school care accommodation service;

(c)a secure accommodation service; and

(d)an independent health care service which provides overnight accommodation,

whether registered under this Part or Part 2 of this Act.

(5)The Commission shall secure, in relation to each service registered under this Part or Part 2 of this Act which is not a service mentioned in subsection (4) above—

(a)that the powers conferred by subsection (2)(a) above are exercised at least once in the period of twelve months which immediately follows registration; and

(b)that after an exercise of the powers so conferred no greater period than twelve months elapses before those powers are again exercised.

(6)The authorised person may—

(a)make any examination into and conduct any interview as regards—

(i)the state and management of the service or of such premises; and

(ii)the treatment of persons cared for by the service or cared for or accommodated in such premises,

which the authorised person thinks appropriate;

(b)inspect and take copies of any documents or records (other than medical records) which regulations under this Act, section 9 of the Adoption (Scotland) Act 1978 (c.28) or section 1(3) of the Adoption (Intercountry Aspects) Act 1999 (c.18) require to be kept;

(c)without prejudice to the generality of paragraph (a) above, interview in private—

(i)the manager of the service or of such premises;

(ii)the person providing the service;

(iii)any person employed by the service or in such premises; or

(iv)any person who is cared for by the service or cared for or accommodated in such premises and who consents to be interviewed.

(7)An interview is in private for the purposes of subsection (6)(c)(iv) above even if conducted in the presence of—

(a)a guardian, continuing attorney or welfare attorney of the person interviewed; or

(b)provided that the person interviewed so wishes and the authorised person does not object, some other person.

(8)The powers conferred by subsection (6)(b) above include—

(a)power to require—

(i)the manager of the service or of such premises; or

(ii)the person providing the service,

to produce any document or record, wherever kept, for inspection at an office of the service or on those premises; and

(b)in relation to records which are kept by electronic means, power to require a copy of the records to be produced in a form which is legible and can be taken away.

(9)Where the authorised person—

(a)is a medical practitioner or a registered nurse; and

(b)has reasonable cause to believe that a person cared for by the service or accommodated in such premises is not receiving proper care,

the authorised person may (either or both)—

(i)conduct in private an appropriate examination of, and with the consent of;

(ii)inspect any medical records relating to the treatment, by the service or in the premises, of,

the person so cared for or accommodated.

(10)Where the authorised person—

(a)is a registered dentist (as defined in section 53(1) of the Dentists Act 1984 (c.24)); and

(b)has reasonable cause to believe that a person cared for by the service or accommodated in such premises is not receiving proper dental care,

the authorised person may (either or both)—

(i)conduct in private a dental examination of, and with the consent of;

(ii)inspect any dental records relating to the treatment, by the service or in the premises, of,

the person so cared for or accommodated.

(11)An examination is in private for the purposes of subsection (9)(i) or (10)(i) above even if conducted in the presence of a third party provided that—

(a)the person examined so wishes and the authorised person does not object; or

(b)the authorised person so wishes and the person examined consents,

to its being so conducted.

(12)A person who proposes to exercise any power of entry or inspection conferred by this section shall, if so required, produce some duly authenticated document showing that the Commission has given the requisite authority.

(13)Any person who—

(a)obstructs, intentionally, the exercise of any power conferred by this section or by section 27 of this Act; or

(b)fails, without reasonable excuse, to comply with any requirement imposed under this or that section,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(14)In—

(a)subsection (7)(a) above, “guardian”, “continuing attorney” and “welfare attorney” have the same meanings as in section 1(4)(c)(i) of the Adults with Incapacity (Scotland) Act 2000 (asp 4);

(b)subsection (9)(i) above, “appropriate examination” means, where the authorised person is—

(i)a medical practitioner, a medical examination (whether or not including a physical examination); or

(ii)a registered nurse, a physical examination; and

(c)subsections (9), (10) and (11)(b) above, “consent” means consent in so far as the person examined is capable of giving consent.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 25 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

26 Integrated inspectionsS

(1)The Commission and Her Majesty’s inspectors shall collaborate in matters relating to the regulation and inspection of such care services as are mentioned in paragraphs (a) to (c) of subsection (2) below.

(2)The care services are—

(a)a school care accommodation service;

(b)a secure accommodation service; and

(c)day care of children which is to any extent provided in the form of an educational activity.

(3)In subsection (1) above, “Her Majesty’s inspectors” has the same meaning as in the Education (Scotland) Act 1980 (c.44).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 26 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

27 Further provision as regards inspectionsS

(1)An authorised person who has reasonable grounds to believe that a document or other material or thing found in premises which, under section 25 of this Act, that person is entitled to enter and inspect may be evidence of a failure to comply with any condition or requirement imposed by or under this Act, may seize and remove that document, material or thing.

(2)An authorised person may—

(a)require any other person to afford such facilities and assistance with respect to matters within that other person’s control as are necessary to enable the authorised person to exercise powers under the said section 25 or this section; and

(b)take such measurements and photographs and make such recordings as the authorised person considers necessary for the exercise of those powers.

(3)An authorised person is entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with records which the authorised person is entitled to inspect.

(4)The reference in section 25 of this Act to a person providing a care service includes, in the case of a service which is provided by a body corporate, a reference to a director, manager, secretary or other similar officer of the body.

(5)Where a care service has been inspected under section 25(2) of this Act, the Commission—

(a)shall prepare a report on the matters inspected; and

(b)shall without delay send a copy of that report to the person providing that service.

(6)Before finalising a report prepared under subsection (5) above, the Commission shall give the person providing the service inspected an opportunity of commenting on a draft of the report.

(7)The Commission shall make copies of any report prepared under subsection (5) above available for inspection at its offices by any person at any reasonable time; and it shall take such other steps as it considers appropriate for publicising any such report.

(8)A person who asks the Commission for a copy of any such report shall be entitled to have one on payment of a reasonable fee determined by the Commission; but nothing in this subsection prevents the Commission from providing a copy free of charge if it considers that to do so would be appropriate.

(9)Copies of any report made available for inspection by a person at the Commission’s offices under subsection (7) above, or provided to a person under subsection (8) above, shall be made available or provided in such a form as the person may reasonably request.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 27 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources