1. This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Minimum Frequency of Inspections) Order 2009 and shall come into force on 1st April 2009.
2. In this Order–
“the Act” means the Regulation of Care (Scotland) Act 2001.
3. The Regulation of Care (Scotland) Act 2001 (Minimum Frequency of Inspections) Order 2007(1) is hereby revoked.
4. In section 25(3) of the Act for sub-paragraphs (i) and (ii) of paragraph (a) substitute–
“(i)if the service is a care home service(2), at least twice in the period of 12 months which immediately follows registration and at least twice in each subsequent period of 12 months;
(ii)if the service is a school care accommodation service(3), at least twice in the period of 24 months which immediately follows registration and at least twice in each subsequent period of 48 months;
(iii)if the service is a secure accommodation service(4), at least twice at the period of 12 months which immediately follows registration and at least twice in each subsequent period of 12 months; and
(iv)if the service is an independent health care service(5) which provides overnight accommodation, at least twice in the period of 24 months which immediately follows registration and at least twice in each subsequent period of 24 months; and”.
5. In section 25(5) of the Act, in each of paragraphs (a) and (b) for “twelve months” substitute–
“(i)if the service is day care of children provided for children aged 3 years or over only, is a child care agency or is a nurse agency(6), 24 months;
(ii)if the service is child minding(7) 24 months;
(iii)if the service is a housing support service(8) which is not provided in conjunction with any other form of care service, 36 months; and
(iv)in the case of any other service, 12 months,”.
S ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th March 2009