Public Services Reform (Scotland) Act 2010

SCHEDULE 14 S Social Care and Social Work Improvement Scotland: modifications of enactments

(introduced by section 106)

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) S

1 S In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved bodies)—

(a) the entry relating to the Scottish Commission for the Regulation of Care is repealed,

(b) at the appropriate place, in alphabetical order, insert— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I1 Sch. 14 para. 1 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2 Sch. 14 para. 1 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Regulation of Care (Scotland) Act 2001 (asp 8) S

2 S The Regulation of Care (Scotland) Act 2001 is amended as follows.

Commencement Information

I3 Sch. 14 para. 2 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I4 Sch. 14 para. 2 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

3 S In section 53(2)(b) (codes of practice), for “the Commission” substitute “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I5 Sch. 14 para. 3 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I6 Sch. 14 para. 3 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

4 S In section 59 (general principles)—

(a) in subsection (1) the words “, the Commission” are repealed,

(b) after subsection (4), insert—

“(5) In subsection (2), “care service” means a care service as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8).”.

Commencement Information

I7 Sch. 14 para. 4 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I8 Sch. 14 para. 4 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

5 S In section 60 (grants)—

(a) in subsection (1), the words “the Commission or to” are repealed,

(b) in paragraph (a) of that subsection, for “body in question” substitute “ Council ”,

(c) in paragraph (b) of that subsection, for “that body” substitute “ the Council ”.

Commencement Information

I9 Sch. 14 para. 5 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I10 Sch. 14 para. 5 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

6 S In section 61 (guarantees)—

(a) in subsection (1), the words “the Commission or” are repealed,

(b) in subsection (4), the words “the Commission, or as the case may be” are repealed.

Commencement Information

I11 Sch. 14 para. 6 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I12 Sch. 14 para. 6 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

7 S In section 62 (duty of consultation)—

(a) the words “Commission and the” are repealed,

(b) the word “each” is repealed,

(c) for the words “the other” substitute “ Social Care and Social Work Improvement Scotland ”,

(d) for the words “body exercising the function” substitute “ Council ”.

Commencement Information

I13 Sch. 14 para. 7 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I14 Sch. 14 para. 7 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

8 S In section 63 (guidance as to consultation)—

(a) the words “the Commission and to” are repealed,

(b) for the words “body in question” substitute “ Council ”.

Commencement Information

I15 Sch. 14 para. 8 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I16 Sch. 14 para. 8 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

9 S In section 64 (complaints procedure)—

(a) in subsection (1)—

(i) for the words “The Commission and the Council shall each” substitute “ The Council shall ”,

(ii) for the words “body in question” substitute “ Council ”,

(b) in subsection (2), for the words “body in question” substitute “ Council ”,

(c) in subsection (3), for the words “body in question” substitute “ Council ”,

(d) in subsection (4), for the words “body in question” substitute “ Council ”.

Commencement Information

I17 Sch. 14 para. 9 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I18 Sch. 14 para. 9 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

10 S In section 65 (inquiries)—

(a) in subsection (1)—

(i) in paragraph (a), the words “by the Commission or” are repealed,

(ii) paragraph (b) and the word “or” immediately preceding it are repealed,

(b) subsection (2) is repealed,

(c) in subsection (4), paragraph (b) is repealed,

(d) in subsection (6)—

(i) the words “(2) or” are repealed,

(ii) paragraph (a) and the word “or” immediately following it are repealed,

(e) in subsection (7)—

(i) the words “by the Commission or” are repealed,

(ii) for the words “(2), or as the case may be (3),” substitute “ (3) ”,

(iii) for the words “body in question” substitute “ Council ”,

(iv) for the words “that body” substitute “ the Council ”,

(v) for the word “body”, in the third place it occurs, substitute “ Council ”,

(f) in subsection (9), paragraph (a) and the word “or” immediately following it are repealed.

Commencement Information

I19 Sch. 14 para. 10 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I20 Sch. 14 para. 10 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Scottish Public Services Ombudsman Act 2002 (asp 11) S

11 S In Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities)—

(a) paragraph 38 is repealed,

(b) after paragraph 52 insert—

“52A Social Care and Social Work Improvement Scotland.”.

Commencement Information

I21 Sch. 14 para. 11 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I22 Sch. 14 para. 11 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) S

12 S In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—

(a) the entry relating to the Scottish Commission for the Regulation of Care is repealed,

(b) under the heading “Executive bodies” insert, at the appropriate place in alphabetical order— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I23 Sch. 14 para. 12 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I24 Sch. 14 para. 12 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) S

13 S The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

Commencement Information

I25 Sch. 14 para. 13 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I26 Sch. 14 para. 13 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

14 S In section 7 (duty to bring matters generally to the attention of Scottish Ministers and others), for paragraph (f) substitute—

“(f) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I27 Sch. 14 para. 14 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I28 Sch. 14 para. 14 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

15 S In section 8(3) (duty to bring specific matters to the attention of Scottish Ministers and others etc), for paragraph (k) substitute—

“(k) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I29 Sch. 14 para. 15 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I30 Sch. 14 para. 15 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

16 S In section 9(2) (duty to give advice), for paragraph (e) substitute—

“(e) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I31 Sch. 14 para. 16 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I32 Sch. 14 para. 16 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

17 S In section 17(2) (duties of Scottish Ministers, local authorities and others as respects Commission), for paragraph (i) substitute—

“(i) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I33 Sch. 14 para. 17 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I34 Sch. 14 para. 17 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

18 S In section 34(3) (inquiries under section 33: co-operation), for paragraph (c) substitute—

“(c) Social Care and Social Work Improvement Scotland;”.

Commencement Information

I35 Sch. 14 para. 18 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I36 Sch. 14 para. 18 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Adult Support and Protection (Scotland) Act 2007 (asp 10) S

19 S The Adult Support and Protection (Scotland) Act 2007 is amended as follows.

Commencement Information

I37 Sch. 14 para. 19 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I38 Sch. 14 para. 19 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

20 S In section 5(1) (co-operation), for paragraph (b) substitute—

“(b) SCSWIS,”.

Commencement Information

I39 Sch. 14 para. 20 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I40 Sch. 14 para. 20 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

21 S In section 42(3) (Adult Protection Committees), for paragraph (b) substitute—

“(b) SCSWIS,”.

Commencement Information

I41 Sch. 14 para. 21 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I42 Sch. 14 para. 21 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

22 S In section 43 (membership)—

(a) in subsection (2), for “the Care Commission” substitute “ SCSWIS ”,

(b) in subsection (3), for “The Care Commission” substitute “ SCSWIS ”.

Commencement Information

I43 Sch. 14 para. 22 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I44 Sch. 14 para. 22 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

23 S In section 44(2)(c) (Adult Protection Committee procedure), for “the Care Commission” substitute “ SCSWIS ”.

Commencement Information

I45 Sch. 14 para. 23 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I46 Sch. 14 para. 23 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

24 S In section 45(2)(d) (duty to provide information to Adult Protection Committee), for “the Care Commission” substitute “ SCSWIS ”.

Commencement Information

I47 Sch. 14 para. 24 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I48 Sch. 14 para. 24 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

25 S In section 46(b)(v) (biennial report), for “the Care Commission” substitute “ SCSWIS ”.

Commencement Information

I49 Sch. 14 para. 25 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I50 Sch. 14 para. 25 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

26 S In section 53(1) (interpretation of Part 1)—

(a) the definition of the Care Commission is repealed,

(b) after the definition of “removal order” insert—

““SCSWIS” means Social Care and Social Work Improvement Scotland,”.

Commencement Information

I51 Sch. 14 para. 26 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I52 Sch. 14 para. 26 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) S

27 S The Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

Commencement Information

I53 Sch. 14 para. 27 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I54 Sch. 14 para. 27 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

28 S In section 8 (provision of prescribed information to the Scottish Ministers by certain persons)—

(a) in subsection (2)—

(i) the entry relating to the Scottish Commission for the Regulation of Care in the list of persons to whom the section applies is repealed,

(ii) after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”,

(b) in subsection (3)—

(i) in paragraph (c), the words “the Scottish Commission for the Regulation of Care and” are repealed,

(ii) in that paragraph, for “the Commission or, as the case may be, the Council” substitute “ it ”,

(iii) the word “and” immediately following that paragraph is repealed,

(iv) after that paragraph insert—

“(ca) in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and”.

Commencement Information

I55 Sch. 14 para. 28 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I56 Sch. 14 para. 28 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

29 S In section 17(5)(c) (information relevant to listing decisions)—

(a) sub-paragraph (x) is repealed,

(b) the word “or” immediately following sub-paragraph (xi) is repealed,

(c) after that sub-paragraph add—

“(xii) Social Care and Social Work Improvement Scotland, or”.

Commencement Information

I57 Sch. 14 para. 29 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I58 Sch. 14 para. 29 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

30 S In section 19 (information held by public bodies etc.), in subsection (3)—

(a) the entry relating to the Scottish Commission for the Regulation of Care in the list of persons who may be required to provide information under subsection (1)(b) of that section is repealed,

(b) after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I59 Sch. 14 para. 30 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I60 Sch. 14 para. 30 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

31 S In section 30(7) (notice of listing, etc)—

(a) the entry relating to the Scottish Commission for the Regulation of Care in the list of persons who are “relevant regulatory bodies” is repealed,

(b) after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I61 Sch. 14 para. 31 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I62 Sch. 14 para. 31 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

32 S In section 73(d) (consideration of suitability), for the words “the 2001 Act” substitute “ Part 5 of the 2010 Act ”.

Commencement Information

I63 Sch. 14 para. 32 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I64 Sch. 14 para. 32 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

33 S In section 94 (meaning of “protected child”)—

(a) in subsection (1)(a), for the words “Part 1 of the 2001 Act” substitute “ Part 5 of the 2010 Act ”,

(b) in subsection (3), for the words from “paragraphs” to the end of the subsection substitute “—

(a) paragraph (a) of subsection (1) have the same meaning as in schedule 12 to the 2010 Act,

(b) paragraph (b)(i) and (ii) of that subsection have the same meaning as in section 105 of that Act,”.

Commencement Information

I65 Sch. 14 para. 33 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I66 Sch. 14 para. 33 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

34 S In section 97(1) (general interpretation)—

(a) after the definition of “the 2001 Act” insert—

““the 2010 Act” means the Public Services Reform (Scotland) Act 2010 (asp 8),”,

(b) in the definition of “care service”, for “the 2001 Act” substitute “ Part 5 of the 2010 Act ”.

Commencement Information

I67 Sch. 14 para. 34 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I68 Sch. 14 para. 34 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

35 S In schedule 2 (regulated work with children)—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 9, for “the 2001 Act” substitute “ schedule 12 to the 2010 Act ”,

(c) in paragraph 11, for “section 2 of the 2001 Act” substitute “ schedule 12 to the 2010 Act ”.

Textual Amendments

F1 Sch. 14 para. 35(a) repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 21

Commencement Information

I69 Sch. 14 para. 35 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I70 Sch. 14 para. 35 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

36 S In schedule 3 (regulated work with adults)—

(a) in paragraph 6, for “the 2001 Act” substitute “ schedule 12 to the 2010 Act ”,

(b) in paragraph 7—

(i) for “section 25 of the 2001 Act” substitute “ Part 5 of the 2010 Act ”,

(ii) after “service”, where it ninth occurs, insert “ and ”,

(iii) for the words “the 2001 Act”, where they second occur, substitute “ schedule 12 to the 2010 Act ”,

(c) in the heading to that paragraph, for “the Scottish Commission for the Regulation of Care” substitute “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I71 Sch. 14 para. 36 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I72 Sch. 14 para. 36 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Repeals S

37 S The enactments mentioned in the first column of the following table are repealed to the extent specified in the second column.

Enactment	Extent of repeal
Regulation of Care (Scotland) Act 2001 (asp 8)	Parts 1 and 2. Schedule 1.
Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)	The whole Act.
Adoption and Children (Scotland) Act 2007 (asp 4)	Section 7.

Commencement Information

I73 Sch. 14 para. 37 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I74 Sch. 14 para. 37 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.