The Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2003

Scottish Statutory Instruments

2003 No. 149

SOCIAL CARE

The Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2003

Made

6th March 2003

Laid before the Scottish Parliament

10th March 2003

Coming into force

1st April 2003

The Scottish Ministers, in exercise of the powers conferred by section 29(1), (2)(b) and (e) and (7)(c) of the Regulation of Care (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, and having consulted such persons and groups of persons as they consider appropriate in accordance with section 29(12) of that Act, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2003 and shall come into force on 1st April 2003.

Amendment of the principal Regulations

2.—(1) The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002(2) shall be amended as follows.

(2) After regulation 1(3), insert–

“(4) In the case of a care service which is a child care agency, any reference in–

(a) regulation 4(3);

(b) regulation 9; and

(c) regulation 19(2) in relation to paragraphs (a), (b), (c) and (d),

to a person employed shall include a reference to a person who is introduced to a service user by the provider and associated expressions referring to employment shall be construed accordingly; and in regulation 19(2)(c) the reference to “positions held” shall include introductions effected”.

(3) In regulation 4(3) after “child minding”, insert “or a child care agency”.

(4) At the end of regulation 5(4), insert “or a child care agency”.

(5) After regulation 19(3) insert–

“(4) The requirements in paragraphs (2)(e) and (3)(a), (d), (h), (j) and (k) shall not apply to providers of child care agencies.”.

FRANCIS McAVEETY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

6th March 2003

Explanatory Note

(This is not part of the Regulations)

The Regulations amend the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (“the principal Regulations”).

Regulation 2(2) extends the definition in regulation 1 of the principal Regulations of a person employed and associated expressions in the case of a care service which is a child care agency.

Regulation 2(3) extends regulation 4(3) (welfare of users) of the principal Regulations to child care agencies.

Regulation 2(4) and (5) disapplies to child care agencies certain requirements of regulation 5(4) (personal plans) and 19 (records) of the principal Regulations.

(1)

2001 asp 8; see section 77(1) for the definition of “regulations”.

(2)

S.S.I. 2002/114.