The Regulation of Care (Excepted Services) (Scotland) Amendment Regulations 2003

Scottish Statutory Instruments

2003 No. 571

SOCIAL CARE

The Regulation of Care (Excepted Services) (Scotland) Amendment Regulations 2003

Made

26th November 2003

Laid before the Scottish Parliament

27th November 2003

Coming into force

22nd December 2003

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the Regulation of Care (Scotland) Act 2001(1) and of all powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Regulation of Care (Excepted Services) (Scotland) Amendment Regulations 2003 and shall come into force on 22nd December 2003.

Amendment to principal Regulations

2.  Paragraph (a) of regulation 2 (support services) of the Regulation of Care (Excepted Services) (Scotland) Regulations 2002(2) is revoked.

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

26th November 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations delete a specific support service (a care at home service) from the list of excepted services contained in the Regulation of Care (Excepted Services) (Scotland) Regulations 2002 (S.S.I. 2002/120) (“ the principal Regulations”). The effect of this is that the support service defined in Article 2(a) (a care at home service) of the principal Regulations now falls within the definition of “support services” contained in section 2(2) of the Regulation of Care (Scotland) Act 2001 (asp 8) (“the Act”).

Although section 2(2) of the Act was commenced by article 2(a) of the Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2002 (S.S.I. 2202/167), certain support services were excepted from the definition of support services by the principal Regulations. These Regulations bring this specific support service back within the definition of support services under section 2(2) of the Act.

(1)

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

(2)

S.S.I. 2002/120.