The Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2004

Amendment of the principal Regulations

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

(2) After paragraph (3) of regulation 4 (welfare of users)(2), insert–

“(4) The requirements in paragraph (1)(d) shall not apply to a provider of an adoption service or a fostering service.”.

(3) In paragraph (1) of regulation 5 (personal plans)(3), for “paragraph (4)” substitute “paragraphs (1A) and (4)”.

(4) After paragraph (1) of regulation 5, insert–

“(1A) Paragraph (1) shall not apply to any adoption service or fostering service but the provider of such a service shall, after consultation with each service user and, where it appears to the provider to be appropriate, any representative–

(a) within one month of the date on which the service user first received the service prepare a written plan which sets out a plan for the use of the service over the next 12 months; and

(b) review that plan at least once in every 12 month period.”.

(5) After paragraph (5) of regulation 19 (records)(4) insert–

“(6) The requirements in paragraphs (1)(c) and (3)(g), (h), (j) and (k) shall not apply to the provider of an adoption service or a fostering service.”.

(1)

S.S.I. 2002/114, as amended by S.S.I. 2003/149 and 572.

(2)

Regulation 4 was amended by S.S.I. 2003/149, regulation 2(3).

(3)

Regulation 5(4) was amended by S.S.I. 2003/149, regulation 2(4).

(4)

Regulation 19 was amended by S.S.I. 2003/149, regulation 2(5) and S.S.I. 2003/572, regulation 2(6)