- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Social Care and Social Work Improvement Scotland (Excepted Services) Regulations 2012 No. 44
Draft Regulations laid before the Scottish Parliament under section 104(2) of the Public Services Reform (Scotland) Act 2010 for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 104(1) and paragraphs 1(2)(a), 4 and 13 of schedule 12 to the Public Services Reform (Scotland) Act 2010(1).
In accordance with section 104(2) of that Act(2), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1. (1) These Regulations may be cited as the Social Care and Social Work Improvement Scotland (Excepted Services) Regulations 2012 and come into force on the day after the day on which they are made.
(2) In these Regulations “the Act” means the Public Services Reform (Scotland) Act 2010.
2. There is excepted from the definition of “support service” in paragraph 1 of schedule 12 to the Act any service which consists wholly of one or more of the following:—
(a)field social work;
(b)counselling, other than counselling which is provided in residential accommodation as part of a planned programme of care; or
(c)a service providing assistance to a person to enable that person to prepare for, obtain, or engage in any work.
3. There is excepted from the definition of “nurse agency” in paragraph 4 of schedule 12 to the Act, any service provided by a health body or the Common Services Agency for the Scottish Health Service(3) acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978(4).
4. There is excepted from the definition of “day care of children” in paragraph 13 of schedule 12 to the Act any service unless its primary purpose is the provision of care to children.
A member of the Scottish Executive
St Andrew’s House,
(This note is not part of the Regulations)
These Regulations exclude certain specified activities from the definition of care services under Part 5 of the Public Services Reform (Scotland) Act 2010.
Regulation 2 excepts certain activities from the definition of a support service, namely field social work, i.e. social work which is not carried out within a care service, certain counselling services and employment advice services. Regulation 3 provides that activities performed by health boards, special health boards and the Common Services Agency for the Scottish Health Service under the National Health Service (Scotland) Act 1978 are excepted from the definition of nurse agencies and regulation 4 restricts the definition of day care of children to those services with a primary purpose of the provision of care for children.
2010 asp 8.
Section 104(2) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
The Common Services Agency for the Scottish Health Service is constituted under section 10 of the National Health Service (Scotland) Act 1978 (c.29).
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Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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