SCHEDULE 2Establishment of Social Care and Social Work Improvement Scotland and Healthcare Improvement Scotland and dissolution of the Scottish Commission for the Regulation of Care: modification of enactments

PART 1Primary legislation

Medicines Act 1968

1

In section 10(9) of the Medicines Act 19685 (exemptions for pharmacists: definition of care home services) for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)6” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)7”.

House of Commons Disqualification Act 1975

2

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

a

in Part 28 (bodies of which all members are disqualified) at the appropriate places insert—

Healthcare Improvement Scotland.

Social Care and Social Work Improvement Scotland.

b

in Part 39 omit “Convenor or member of the Scottish Commission for the Regulation of Care.”.

Anatomy Act 1984

3

In section 4(9)(b) of the Anatomy Act 198410 (lawful examination of body lying in accommodation provided by care home service) for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)”.

Adoption and Children Act 2002

4

In the Adoption and Children Act 200211—

a

in section 131(1)(d) (supplementary provisions) for “Regulation of Care (Scotland) Act 2001 (asp 4)” substitute “Public Services Reform (Scotland) Act 2010 (asp 8)”;

b

in section 144(3) (general interpretation)—

i

for “Regulation of Care (Scotland) Act 2001 (asp 4)” substitute “Public Services Reform (Scotland) Act 2010 (asp 8)”;

ii

for “Part 1” substitute “Chapter 3 of Part 5”.

Nationality, Immigration and Asylum Act 2002

5

In section 133(4)(c) of the Nationality, Immigration and Asylum Act 200212 (disclosure by medical inspector to Health Service Body in relation to Scotland) after sub-paragraph (ii) insert—

iia

Healthcare Improvement Scotland established under section 10A of the 1978  Act,13

Income Tax (Earnings and Pensions) Act 2003

6

In the Income Tax (Earnings and Pensions) Act 200314—

a

in section 318(5)(b) (exemption for employer-provided childcare: registration requirements) for “Part 1 or 2 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”;

b

in section 318C(4) (childcare: meaning of “qualifying child care”)—

i

in paragraph (a)(i) for “within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001” substitute “as defined by paragraphs 12 and 13 respectively of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

ii

in paragraph (a)(ii) for “Part 1” substitute “Chapter 3 of Part 5”;

iii

in paragraph (b)(i) for “within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001” substitute “as defined by paragraphs 12 and 13 respectively of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

iv

in paragraph (b)(ii) for “Part 2” substitute “Chapter 4 of Part 5”.

Finance Act 2003

7

In section 61 of the Finance Act 200315 (compliance with planning obligations), in the list of public authorities in subsection (3), after “A Health Board established under section 2(1)(a) of that Act16” insert “Healthcare Improvement Scotland established under section 10A of that Act”.

Age-Related Payments Act 2004

8

In section 8(1) of the Age-Related Payments Act 200417 (interpretation), in paragraph (b) of the definition of “care home”, for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)”.

Income Tax (Trading and Other Income) Act 2005

9

In section 726 of the Income Tax (Trading and Other Income) Act 200518 (meaning of “care provider”) for subsection (3) substitute—

3

A person meets the care registration requirement in relation to care provided in Scotland if the person provides care as, or as part of, a service which is registered under—

a

Chapter 3 of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8), or

b

section 10Q of the National Health Service (Scotland) Act 1978 (c. 29).

Health and Social Care Act 2008

10

In section 145(4) of the Health and Social Care Act 200819 (Human Rights Act 1998: provision of certain social care to be public function) for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)”.