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Public Services Reform (Scotland) Act 2010

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Public Services Reform (Scotland) Act 2010. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1 – Simplification of Public Bodies

      1. Transfer of functions

        1. Section 1 - Transfer to Scottish Natural Heritage (“SNH”) of functions of the Deer Commission for Scotland (“DCS”)

        2. Section 2 - Transfer to Scottish Natural Heritage (“SNH”) of functions of Advisory Committee on Sites of Special Scientific Interest (“ACSSSI”)

        3. Section 3 – Transfer to certain bodies of functions of Waterwatch Scotland

      2. Dissolution of bodies

        1. Section 4 - Dissolution of Scottish Records Advisory Council (“SRAC”)

        2. Section 5 - Dissolution of Scottish Industrial Development Advisory Board (“SIDAB”)

        3. Section 6 - Dissolution of Building Standards Advisory Committee (“BSAC”)

        4. Section 7 - Historic Environment Advisory Council for Scotland (“HEACS”)

        5. Section 8 - Dissolution of Regional Boards of the Scottish Environment Protection Agency

      3. Delegation of functions

        1. Section 9 - Delegation of Ministerial functions under section 7 of the Industrial Development Act 1982

        2. Section 10 - Delegation of Ministerial functions under section 5 of the Science and Technology Act 1965

        3. Section 11 - Delegation of certain functions of Forestry Commissioners under Forestry Act 1967

        4. Section 12 - Forestry Commissioners: joint ventures etc.

      4. Regulation of officers of court

        1. Section 13 – Regulation of officers of court

    2. Part 2 – Order-Making Powers

      1. Section 14 - Public functions: efficiency, effectiveness and economy

      2. Section 15 – Public functions: further provisions

      3. Section 16 - Preconditions

      4. Section 17 - Power to reduce or remove burdens

      5. Section 18 - Preconditions

      6. Section 19 - Order in relation to certain bodies: requirement for request and consent

      7. General restrictions

        1. Section 20 - Subordinate legislation and powers of direction, appointment and consent

        2. Section 21 - Local taxation

        3. Section 22 - Criminal penalties

        4. Section 23 - Forcible entry etc.

        5. Section 24 - Prohibition on modification of this Part

      8. Procedure

        1. Section 25 to 28 - Procedure, consultation and explanatory document

        2. Section 29 - Order-making powers: modifications of enactments

        3. Section 30 - Interpretation of Part 2

    3. Part 3 – Information on the Exercise of Public Functions

      1. Section 31 - Public functions: duties to provide information on certain matters

      2. Sections 32 - Public functions: duty to provide information on exercise of functions

      3. Section 33 - Public functions: duty to provide information on special advisers

      4. Section 34 - Public functions: duties to provide information: further provision

      5. Section 35 - Public functions: duties to provide information: further provision

    4. Part 4 – Creative Scotland

      1. Section 36 – Establishment of Creative Scotland

      2. Section 37 – General functions of Creative Scotland

      3. Section 38 – Advisory and other functions

      4. Section 39 – Grants and loans

      5. Section 40 – Directions and guidance

      6. Miscellaneous and general

        1. Section 41 – Dissolution of the Scottish Arts Council

        2. Section 42 – Transfer of staff etc.

        3. Section 43 – Creative Scotland: Modifications of enactments

    5. Part 5 – Social Care and Social Work: Scrutiny and Improvement

      1. Chapter 1 – Social Care and Social Work Improvement Scotland

        1. Social Care and Social Work Improvement Scotland

          1. Section 44 – Social Care and Social Work Improvement Scotland

          2. Section 45 – General principles

        2. Key Definitions

          1. Section 46 – Social services

          2. Section 47 – Care services

          3. Section 48 – Social work services

          4. Section 49 – Power to modify key definitions

        3. Miscellaneous

          1. Section 50 – Standards and outcomes

          2. Section 51 – Information and advice

          3. Section 52 – Dissolution of Scottish Commission for the Regulation of Care

      2. Chapter 2 – Social Services Inspections

        1. Inspections

          1. Section 53 – Inspections

          2. Section 54 - Inspections under section 53: best regulatory practice

          3. Section 55 – Inspections at request of Scottish Ministers

          4. Section 56 – Inspections: authorised persons

          5. Section 57 – Inspections: reports

        2. Regulations

          1. Section 58 – Regulations: inspections

      3. Chapter 3 – Care Services

        1. Registration of care services

          1. Section 59 – Registration of care services

          2. Section 60 – Grant or refusal of registration

          3. Section 61 – Limited registration

        2. Improvement notices

          1. Section 62 – Improvement notices: care services

          2. Section 63 – Special provision for certain care services provided by local authorities

        3. Proposals and applications in relation to registered care services

          1. Section 64 – Cancellation of registration

          2. Section 65 – Emergency cancellation of registration

          3. Section 66 – Condition notices

          4. Section 67 – Emergency Condition Notices

          5. Section 68 – Application of Part to condition notices following emergency condition notices

          6. Section 69 – Emergency Condition Notices: Appeals

          7. Section 70 – Applications under Chapter 3 in respect of conditions

          8. Section 71 – Further provision as respects notice of proposals

          9. Section 72 – Right to make representations to SCSWIS as respects proposals under Chapter 3

          10. Section 73 – Notice of SCSWIS’s decision under Chapter 3

          11. Section 74 – Conditions as to numbers

          12. Section 75– Appeal against decision to implement proposal

        4. Fees

          1. Section 76 – Registration fees

        5. Regulations

          1. Section 77 – Regulations: registers and registration

          2. Section 78 – Regulations: care services

        6. Complaints

          1. Section 79 – Complaints about care services

        7. Offences

          1. Section 80 – Offences in relation to registration under Chapter 3

          2. Section 81 – False statements in application under Chapter 3

          3. Section 82 – Offences by bodies corporate etc.

      4. Chapter 4 – Local Authority Adoption and Fostering Services etc.

        1. Section 83 – Local authority applications for registration under Chapter 4

        2. Section 84 – Grant of local authority application under Chapter 4

        3. Section 85 – Condition notices: services registered under Chapter 4

        4. Section 86 – Applications under Chapter 4 in respect of conditions

        5. Section 87 – Right to make representations to SCSWIS under Chapter 4 as respects conditions

        6. Section 88 – Notice of SCSWIS’s decision under Chapter 4

        7. Section 89 – Appeal against decision under Chapter 4

        8. Section 90 – Offences under Chapter 4

        9. Section 91 – Report to Scottish Ministers

        10. Section 92 – Default powers of Scottish Ministers

      5. Chapter 5 – Miscellaneous

        1. Section 93 – Grants to SCSWIS

        2. Section 94 – Guarantees

        3. Section 95 – Duty of SCSWIS to consult Scottish Social Services Council

        4. Section 96 – Duty of SCSWIS to consult the Mental Welfare Commission

        5. Section 97 – Complaints procedure

        6. Section 98 – Inquiries

        7. Section 99 – Arrangements entered into by local authority or health body: services to be registered

        8. Section 100 – Local authorities and health bodies: awareness of SCSWIS reports etc.

        9. Section 101 – Giving of notice

        10. Section 102 - Transfer of staff etc.

        11. Section 103 – Transfer of staff: further provision

        12. Section 104 - Orders and regulations: procedure

        13. Section 105 – Interpretation of Part 5

        14. Section 106 – Minor and consequential amendments and repeals: SCSWIS

        15. Section 107 – Minor modifications: Scottish Social Services Council

    6. Part 6 – Health Care: Scrutiny and Improvement

      1. Section 108 – Healthcare Improvement Scotland

      2. Healthcare Improvement Scotland

        1. Section 10A – Healthcare Improvement Scotland

      3. Principles

        1. Section 10B – Principles

      4. Functions related to the health service

        1. Section 10C – Health service functions

        2. Section 10D – Health service functions: further provision

        3. Section 10E – Independent health care functions

        4. Section 10F – Meaning of “independent health care services”

        5. Section 10G – Power to modify definitions

      5. Standards and outcomes

        1. Section 10H – Standards and outcomes

      6. Inspections

        1. Section 10I – Inspections of services provided under the health service

        2. Section 10J – Inspections of independent health care services

        3. Section 10K – Authorised persons

        4. Section 10L – Inspections: best regulatory practice

        5. Section 10M – Inspections at request of Scottish Ministers

        6. Section 10N – Inspections: reports

        7. Section 10O– Regulations relating to inspections

      7. Registration

        1. Section 10P – Registration of independent health care service

        2. Section 10Q – Grant or refusal of registration

      8. Improvement notices

        1. Section 10R – Improvement notices: independent health care services

      9. Proposals and applications in relation to registered independent health care services

        1. Section 10S – Cancellation of registration

        2. Section 10T – Emergency cancellation of registration

        3. Section 10U – Condition notices

        4. Section 10V – Emergency Condition Notices

        5. Section 10W – Application of Act to condition notices following emergency condition notices

        6. Section 10X – Emergency Condition Notices: Appeals

        7. Section 10Y – Applications in respect of conditions

        8. Section 10Z – Further provision as respects notice of proposals

        9. Section 10Z1 – Right to make representations to HIS as respects proposals

      10. Notice of decision on application for registration

        1. Section 10Z2 – Notice of HIS’s decisions

      11. Conditions as to numbers

        1. Section 10Z3 – Conditions as to numbers

      12. Appeal against decision to implement proposal

        1. Section 10Z4 – Appeal against decision to implement proposal

      13. Fees

        1. Section 10Z5 – Registration Fees

      14. Regulations

        1. Section 10Z6 – Regulations: registers and registration

        2. Section 10Z7 – Regulations: independent health care services

      15. Complaints about independent health care services

        1. Section 10Z8 – Complaints about independent health care services

      16. Offences

        1. Section 10Z9 – Offences in relation to registration

        2. Section 10Z10 – False Statements in applications

        3. Section 10Z11 – Offences by bodies corporate etc.

      17. Inquiries

        1. Section 10Z12 – Inquiries

      18. Arrangements to provide independent health care services: registration

        1. Section 10Z13 – Arrangements entered into by independent healthcare services: services to be registered

      19. Duty of certain bodies to be aware of reports, etc.

        1. Section 10Z14 – Local authorities and health bodies: awareness of HIS reports etc.

      20. Giving of notice

        1. Section 10Z15– Giving of notice

      21. Scottish Health Council

        1. Section 10Z16 – Establishment of Scottish Health Council

        2. Section 10Z17 – Transfer of staff

        3. Section 10Z18 – “Provide” in relation to independent health care services

      22. Consultation with Mental Welfare Commission for Scotland

        1. Section 10Z19 – Duty of HIS to consult the Mental Welfare Commission for Scotland

        2. Section 109 – Transfer of staff, etc. to Healthcare Improvement Scotland

        3. Section 110 – Healthcare Improvement Scotland: constitution, etc.

    7. Part 7 – Mental Welfare Commission for Scotland

      1. Section 111 – Mental Welfare Commission for Scotland

    8. Part 8 – Scrutiny and Complaints

      1. User focus

        1. Section 112 - Scrutiny: user focus

        2. Section 113 - User focus: guidance etc.

        3. Section 114 - Scrutiny: duty of co-operation

      2. Joint inspections

        1. Section 115 - Joint inspections

        2. Section 116 - Participation in joint inspections

        3. Section 117 - Regulations relating to joint inspections

      3. Public Finance and Accountability

        1. Section 118 - Amendment of Public Finance and Accountability (Scotland) Act 2000

      4. Complaints handling procedures

        1. Section 119 - Complaint handling procedures

        2. Section 16A – Statement of principles

        3. Section 16B - Model complaints handling procedures

        4. Section 16C - Model complaint handling procedures: power to specify

        5. Section 16D - Declarations of non-compliance

        6. Section 16E - Submission of description of complaints handling procedure

        7. Section 16F - Complaint handling procedures: application of other enactments

        8. Section 16G – Complaints handling procedure: promotion of best practice etc.

    9. Part 9 - Charities

      1. Section 120 – Information to appear on charity websites

      2. Section 121 - Variation, revocation and review of directions

      3. Section 122 - Powers of Court of Session: deemed removal of persons

      4. Section 123 - Delegation of functions

      5. Section 124 - Reorganisation of charities

      6. Section 125 - Reorganisation of restricted funds

      7. Section 126 - Appointment of charity trustees

      8. Section 127 – Charity trustees’ indemnity insurance

    10. Part 10 – Miscellaneous and General Provisions

      1. Miscellaneous

        1. Section 129 - Local Government (Scotland) Act 1973: minor amendment

        2. Section 130 - Consultation by water and sewerage services providers

        3. Section 131 - Complaints about water services and sewerage services providers

      2. General

        1. Section 132 – Ancillary provision

        2. Section 133 - Orders and regulations: Parts 8 and 10

        3. Section 134 – Short title and commencement

    11. Schedule 1 - Deer Commission for Scotland: Consequential Amendments

    12. Schedule 2 – Transfer of Waterwatch Scotland Functions: Modification of Enactments

      1. Part 1 - Amendments

      2. Part 2 - Repeals

    13. Schedule 3 – Dissolution of Waterwatch Scotland: Arrangements for Staff, Property Etc.

    14. Schedule 4 - Regulation of Officers of Court: Modifications of Enactments

      1. Part 1 - Amendments

      2. Part 2 - Repeals

    15. Schedule 5 - Improvement of Public Functions: Listed Bodies

    16. Schedule 6 - Part 2 Order-Making Powers (Request and Consent): Listed Bodies

    17. Schedule 7 - Order-Making Powers: Modifications of Enactments

    18. Schedule 8 - Information on Exercise of Public Functions: Listed Public Bodies

    19. Schedule 9 - Creative Scotland: Establishment Etc.

      1. Paragraph 1 – Status

      2. Paragraph 2 – Membership of Creative Scotland

      3. Paragraph 3 – Terms of appointment etc.

      4. Paragraph 4 – Removal of members

      5. Paragraph 5 – Disqualification from membership

      6. Paragraph 6 – Remuneration and allowances for members

      7. Paragraph 7 – Chief executive and other employees

      8. Paragraph 8 – Committees

      9. Paragraph 9 – Procedure and meetings

      10. Paragraph 10 – General powers

      11. Paragraph 11 – Delegation of functions

      12. Paragraph 12 – Location of office

      13. Paragraph 13 – Accounts

      14. Paragraph 14 – Reports

    20. Schedule 10 - Creative Scotland: Modifications of Enactments

    21. Schedule 11 - Social Care and Social Work Improvement Scotland: Establishment Etc.

      1. Paragraph 1 – Status

      2. Paragraph 2 – Membership of SCSWIS

      3. Paragraph 4 – Terms of appointment etc.

      4. Paragraph 5 – Removal of members

      5. Paragraph 6 – Disqualification from membership

      6. Paragraph 7 – Remuneration and allowances for members

      7. Paragraph 8 – Chief Executive and other employees

      8. Paragraph 9 – Committees

      9. Paragraph 10 – Procedure and meetings

      10. Paragraph 11 – General powers

      11. Paragraph 12 – Delegation of functions

      12. Paragraph 13 – Location of office

      13. Paragraph 14 – Accounts

      14. Paragraph 15 – Reports

    22. Schedule 12 - Care Services: Definitions

    23. Schedule 13 - Social Work Services Functions: Specified Enactments

    24. Schedule 14 - Social Care and Social Work Improvement Scotland: Modifications of Enactments

    25. Schedule 15 – Scottish Social Services Council: Modifications of Regulation of Care (Scotland) Act 2001

    26. Schedule 16 - Healthcare Improvement Scotland: Establishment Etc.

      1. Paragraph 1 – Status

      2. Paragraph 2 – Membership of HIS

      3. Paragraph 3 – Terms of appointment etc.

      4. Paragraph 4 – Removal of members

      5. Paragraph 5 – Disqualification from membership

      6. Paragraph 6 – Remuneration and allowances for members

      7. Paragraph 7 – Chief Executive and other employees

      8. Paragraph 8 – Committees

      9. Paragraph 9 – Procedure and meetings

      10. Paragraph 10 – General powers

      11. Paragraph 11 – Delegation of functions

      12. Paragraph 12 – Location of office

      13. Paragraph 13 – Accounts

      14. Paragraph 14 – Reports

    27. Schedule 17 - Healthcare Improvement Scotland: Modification of Enactments

    28. Schedule 18 – Mental Welfare Commission for Scotland: Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

    29. Schedule 19 - Scrutiny Functions: Persons Etc. Subject to User Focus Duty

    30. Schedule 20 - Scrutiny Functions: Persons Etc. Subject to Duty of Co-Operation

  3. Parliamentary History

  • Explanatory Notes Table of contents

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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

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