Regulation of Care (Scotland) Act 2001 Explanatory Notes

1. Introduction

2. Summary

   1. Regulation of care services

   2. Regulation of the workforce

   3. Other provisions

3. The Act

   1. Overview

   2. Commentary on sections

      1. Part 1: the Commission and Care Services

         1. Constitution of Commission

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

         2. Care Services

            1. Section 2: Care services

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

            3. Section 4: Information and advice

         3. National care standards

            1. Section 5: National care standards

         4. Complaints

            1. Section 6: Complaints about care services

         5. Registration

            1. Section 7: Applications for registration under Part 1

            2. Section 8: Limited registration

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

         6. Improvement Notices

            1. Section 10: Improvement notices

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

         7. Proposals and applications in relation to registered care services

            1. Section 12: Cancellation of registration

            2. Section 13: Condition notices

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

            4. Section 15: Further provision as respects notice of proposals

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

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

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

            8. Section 19: Conditions as to numbers

            9. Section 20: Appeal against decision to implement proposal

         8. Offences

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

            2. Section 22: False statements in applications under Part 1

            3. Section 23: Offences by bodies corporate etc.

         9. Fees

            1. Section 24: Registration fees

         10. Inspections

             1. Section 25: Inspections

             2. Section 26: Integrated inspections

             3. Section 27: Further provision as regards inspections

         11. Regulations

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

             2. Section 29: Regulations relating to care services

         12. Transfer of staff

             1. Section 30: Transfer of staff

         13. Miscellaneous

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

             2. Section 32: Giving of notice

      2. Part 2: Local Authority Adoption and Fostering Services Etc

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

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

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

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

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

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

         7. Section 39: Appeal against decision under Part 2

         8. Section 40: Offences under Part 2

         9. Section 41: Report to Scottish Ministers

         10. Section 42: Default powers of Scottish Ministers

      3. Part 3:  the Council

         1. Constitution

            1. Section 43: Constitution of Scottish Social Services Council

         2. Registration

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

            2. Section 45: Applications for registration under Part 3

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

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

            5. Section 48: Right to make representations to Council as respects proposals

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

            7. Section 50: Notice of Council’s decision

            8. Section 51: Appeal against decision of the Council

         3. Offence

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

         4. Codes of practice

            1. Section 53: Codes of practice

         5. Training

            1. Section 54: Approval of courses etc.

            2. Section 55: Grants and allowances for social service workers’ training

         6. Regulations and rules

            1. Section 56: Regulations relating to the Council

            2. Section 57: Power of Council to make rules

         7. Functions of the Scottish Ministers

            1. Section 58: Functions of the Scottish Ministers under this part

      4. Part 4:  General Principles

         1. Section 59: General principles

      5. Part 5: Provisions Common to the Commission and Council

         1. Grants and guarantees

            1. Section 60: Grants

            2. Section 61: Guarantees

         2. Duty to consult

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

            2. Section 63: Guidance as to consultation

         3. Complaints, inquiries and maladministration

            1. Section 64: Complaints procedure

            2. Section 65: Inquiries

            3. Section 66: Maladministration

      6. Part 6:  Miscellaneous

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

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

         2. Grants, loans and other payments

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

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

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

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

         3. Nursing in local authority residential accommodation

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

         4. Aftercare

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

         5. Place of safety

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

         6. Panels

            1. Section 75: Panels for curators , reporting officers and safeguarders

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

      7. Part 7: General

         1. Section 80:  Repeals and transitional provisions etc

         2. Section 81: Short title and commencement

            1. The Scottish Commission for the Regulation of Care and the Scottish Social Services Council

            2. Minor and consequential amendments

            3. Repeals