The Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Amendment Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Amendment Regulations 2009 and come into force on 1st April 2009.

Amendment of the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003

2.  The Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003(1) are amended in accordance with regulation 3.

3.  In regulation 5 (fitness of managers) for sub-paragraph (2)(b) substitute–

“(b) a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for a period without the option of a fine and who is, in the reasonable opinion of the provider of the limited registration service, having regard to the circumstances of the conviction, unfit to be a manager in relation to such a service.”;

4.  In regulation 7 (fitness of employees)–

(a) at the end of sub-paragraph (2)(b) omit “and”; and

(b) after sub-paragraph (2)(c) insert–

“(d) any person to whom regulation 4(2)(a) applies; and

(e) a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for a period without the option of a fine and who is, in the reasonable opinion of the provider of the limited registration service, having regard to the circumstances of the conviction, unfit to be employed in such a service.”.

NICOLA STURGEON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2009