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Public Services Reform (Scotland) Act 2010

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Public Services Reform (Scotland) Act 2010, SCHEDULE 14 is up to date with all changes known to be in force on or before 28 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULE 14SSocial Care and Social Work Improvement Scotland: modifications of enactments

(introduced by section 106)

This schedule has no associated Explanatory Notes

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)S

1SIn schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved bodies)—

(a)the entry relating to the Scottish Commission for the Regulation of Care is repealed,

(b)at the appropriate place, in alphabetical order, insert— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I1Sch. 14 para. 1 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2Sch. 14 para. 1 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Regulation of Care (Scotland) Act 2001 (asp 8)S

2SThe Regulation of Care (Scotland) Act 2001 is amended as follows.

Commencement Information

I3Sch. 14 para. 2 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I4Sch. 14 para. 2 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

3SIn section 53(2)(b) (codes of practice), for “the Commission” substitute “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I5Sch. 14 para. 3 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I6Sch. 14 para. 3 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

4SIn section 59 (general principles)—

(a)in subsection (1) the words “, the Commission” are repealed,

(b)after subsection (4), insert—

(5)In subsection (2), “care service” means a care service as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8)..

Commencement Information

I7Sch. 14 para. 4 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I8Sch. 14 para. 4 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

5SIn section 60 (grants)—

(a)in subsection (1), the words “the Commission or to” are repealed,

(b)in paragraph (a) of that subsection, for “body in question” substitute “ Council ”,

(c)in paragraph (b) of that subsection, for “that body” substitute “ the Council ”.

Commencement Information

I9Sch. 14 para. 5 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I10Sch. 14 para. 5 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

6SIn section 61 (guarantees)—

(a)in subsection (1), the words “the Commission or” are repealed,

(b)in subsection (4), the words “the Commission, or as the case may be” are repealed.

Commencement Information

I11Sch. 14 para. 6 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I12Sch. 14 para. 6 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

7SIn section 62 (duty of consultation)—

(a)the words “Commission and the” are repealed,

(b)the word “each” is repealed,

(c)for the words “the other” substitute “ Social Care and Social Work Improvement Scotland ”,

(d)for the words “body exercising the function” substitute “ Council ”.

Commencement Information

I13Sch. 14 para. 7 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I14Sch. 14 para. 7 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

8SIn section 63 (guidance as to consultation)—

(a)the words “the Commission and to” are repealed,

(b)for the words “body in question” substitute “ Council ”.

Commencement Information

I15Sch. 14 para. 8 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I16Sch. 14 para. 8 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

9SIn section 64 (complaints procedure)—

(a)in subsection (1)—

(i)for the words “The Commission and the Council shall each” substitute “ The Council shall ”,

(ii)for the words “body in question” substitute “ Council ”,

(b)in subsection (2), for the words “body in question” substitute “ Council ”,

(c)in subsection (3), for the words “body in question” substitute “ Council ”,

(d)in subsection (4), for the words “body in question” substitute “ Council ”.

Commencement Information

I17Sch. 14 para. 9 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I18Sch. 14 para. 9 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

10SIn section 65 (inquiries)—

(a)in subsection (1)—

(i)in paragraph (a), the words “by the Commission or” are repealed,

(ii)paragraph (b) and the word “or” immediately preceding it are repealed,

(b)subsection (2) is repealed,

(c)in subsection (4), paragraph (b) is repealed,

(d)in subsection (6)—

(i)the words “(2) or” are repealed,

(ii)paragraph (a) and the word “or” immediately following it are repealed,

(e)in subsection (7)—

(i)the words “by the Commission or” are repealed,

(ii)for the words “(2), or as the case may be (3),” substitute “ (3) ”,

(iii)for the words “body in question” substitute “ Council ”,

(iv)for the words “that body” substitute “ the Council ”,

(v)for the word “body”, in the third place it occurs, substitute “ Council ”,

(f)in subsection (9), paragraph (a) and the word “or” immediately following it are repealed.

Commencement Information

I19Sch. 14 para. 10 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I20Sch. 14 para. 10 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Scottish Public Services Ombudsman Act 2002 (asp 11)S

11SIn Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities)—

(a)paragraph 38 is repealed,

(b)after paragraph 52 insert—

52ASocial Care and Social Work Improvement Scotland..

Commencement Information

I21Sch. 14 para. 11 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I22Sch. 14 para. 11 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)S

12SIn the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—

(a)the entry relating to the Scottish Commission for the Regulation of Care is repealed,

(b)under the heading “Executive bodies” insert, at the appropriate place in alphabetical order— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I23Sch. 14 para. 12 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I24Sch. 14 para. 12 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)S

13SThe Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

Commencement Information

I25Sch. 14 para. 13 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I26Sch. 14 para. 13 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

14SIn section 7 (duty to bring matters generally to the attention of Scottish Ministers and others), for paragraph (f) substitute—

(f)Social Care and Social Work Improvement Scotland;.

Commencement Information

I27Sch. 14 para. 14 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I28Sch. 14 para. 14 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

15SIn section 8(3) (duty to bring specific matters to the attention of Scottish Ministers and others etc), for paragraph (k) substitute—

(k)Social Care and Social Work Improvement Scotland;.

Commencement Information

I29Sch. 14 para. 15 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I30Sch. 14 para. 15 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

16SIn section 9(2) (duty to give advice), for paragraph (e) substitute—

(e)Social Care and Social Work Improvement Scotland;.

Commencement Information

I31Sch. 14 para. 16 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I32Sch. 14 para. 16 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

17SIn section 17(2) (duties of Scottish Ministers, local authorities and others as respects Commission), for paragraph (i) substitute—

(i)Social Care and Social Work Improvement Scotland;.

Commencement Information

I33Sch. 14 para. 17 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I34Sch. 14 para. 17 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

18SIn section 34(3) (inquiries under section 33: co-operation), for paragraph (c) substitute—

(c)Social Care and Social Work Improvement Scotland;.

Commencement Information

I35Sch. 14 para. 18 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I36Sch. 14 para. 18 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Adult Support and Protection (Scotland) Act 2007 (asp 10)S

19SThe Adult Support and Protection (Scotland) Act 2007 is amended as follows.

Commencement Information

I37Sch. 14 para. 19 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I38Sch. 14 para. 19 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

20SIn section 5(1) (co-operation), for paragraph (b) substitute—

(b)SCSWIS,.

Commencement Information

I39Sch. 14 para. 20 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I40Sch. 14 para. 20 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

21SIn section 42(3) (Adult Protection Committees), for paragraph (b) substitute—

(b)SCSWIS,.

Commencement Information

I41Sch. 14 para. 21 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I42Sch. 14 para. 21 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

22SIn section 43 (membership)—

(a)in subsection (2), for “the Care Commission” substitute “ SCSWIS ”,

(b)in subsection (3), for “The Care Commission” substitute “ SCSWIS ”.

Commencement Information

I43Sch. 14 para. 22 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I44Sch. 14 para. 22 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

23SIn section 44(2)(c) (Adult Protection Committee procedure), for “the Care Commission” substitute “ SCSWIS ”.

Commencement Information

I45Sch. 14 para. 23 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I46Sch. 14 para. 23 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

24SIn section 45(2)(d) (duty to provide information to Adult Protection Committee), for “the Care Commission” substitute “ SCSWIS ”.

Commencement Information

I47Sch. 14 para. 24 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I48Sch. 14 para. 24 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

25SIn section 46(b)(v) (biennial report), for “the Care Commission” substitute “ SCSWIS ”.

Commencement Information

I49Sch. 14 para. 25 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I50Sch. 14 para. 25 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

26SIn section 53(1) (interpretation of Part 1)—

(a)the definition of the Care Commission is repealed,

(b)after the definition of “removal order” insert—

SCSWIS” means Social Care and Social Work Improvement Scotland,.

Commencement Information

I51Sch. 14 para. 26 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I52Sch. 14 para. 26 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)S

27SThe Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

Commencement Information

I53Sch. 14 para. 27 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I54Sch. 14 para. 27 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

28SIn section 8 (provision of prescribed information to the Scottish Ministers by certain persons)—

(a)in subsection (2)—

(i)the entry relating to the Scottish Commission for the Regulation of Care in the list of persons to whom the section applies is repealed,

(ii)after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”,

(b)in subsection (3)—

(i)in paragraph (c), the words “the Scottish Commission for the Regulation of Care and” are repealed,

(ii)in that paragraph, for “the Commission or, as the case may be, the Council” substitute “ it ”,

(iii)the word “and” immediately following that paragraph is repealed,

(iv)after that paragraph insert—

(ca)in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and.

Commencement Information

I55Sch. 14 para. 28 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I56Sch. 14 para. 28 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

29SIn section 17(5)(c) (information relevant to listing decisions)—

(a)sub-paragraph (x) is repealed,

(b)the word “or” immediately following sub-paragraph (xi) is repealed,

(c)after that sub-paragraph add—

(xii)Social Care and Social Work Improvement Scotland, or.

Commencement Information

I57Sch. 14 para. 29 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I58Sch. 14 para. 29 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

30SIn section 19 (information held by public bodies etc.), in subsection (3)—

(a)the entry relating to the Scottish Commission for the Regulation of Care in the list of persons who may be required to provide information under subsection (1)(b) of that section is repealed,

(b)after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I59Sch. 14 para. 30 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I60Sch. 14 para. 30 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

31SIn section 30(7) (notice of listing, etc)—

(a)the entry relating to the Scottish Commission for the Regulation of Care in the list of persons who are “relevant regulatory bodies” is repealed,

(b)after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I61Sch. 14 para. 31 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I62Sch. 14 para. 31 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

32SIn section 73(d) (consideration of suitability), for the words “the 2001 Act” substitute “ Part 5 of the 2010 Act ”.

Commencement Information

I63Sch. 14 para. 32 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I64Sch. 14 para. 32 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

33SIn section 94 (meaning of “protected child”)—

(a)in subsection (1)(a), for the words “Part 1 of the 2001 Act” substitute “ Part 5 of the 2010 Act ”,

(b)in subsection (3), for the words from “paragraphs” to the end of the subsection substitute

(a)paragraph (a) of subsection (1) have the same meaning as in schedule 12 to the 2010 Act,

(b)paragraph (b)(i) and (ii) of that subsection have the same meaning as in section 105 of that Act,.

Commencement Information

I65Sch. 14 para. 33 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I66Sch. 14 para. 33 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

34SIn section 97(1) (general interpretation)—

(a)after the definition of “the 2001 Act” insert—

the 2010 Act” means the Public Services Reform (Scotland) Act 2010 (asp 8),,

(b)in the definition of “care service”, for “the 2001 Act” substitute “ Part 5 of the 2010 Act ”.

Commencement Information

I67Sch. 14 para. 34 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I68Sch. 14 para. 34 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

35SIn schedule 2 (regulated work with children)—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph 9, for “the 2001 Act” substitute “ schedule 12 to the 2010 Act ”,

(c)in paragraph 11, for “section 2 of the 2001 Act” substitute “ schedule 12 to the 2010 Act ”.

Textual Amendments

Commencement Information

I69Sch. 14 para. 35 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I70Sch. 14 para. 35 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

36SIn schedule 3 (regulated work with adults)—

(a)in paragraph 6, for “the 2001 Act” substitute “ schedule 12 to the 2010 Act ”,

(b)in paragraph 7—

(i)for “section 25 of the 2001 Act” substitute “ Part 5 of the 2010 Act ”,

(ii)after “service”, where it ninth occurs, insert “ and ”,

(iii)for the words “the 2001 Act”, where they second occur, substitute “ schedule 12 to the 2010 Act ”,

(c)in the heading to that paragraph, for “the Scottish Commission for the Regulation of Care” substitute “ Social Care and Social Work Improvement Scotland ”.

Commencement Information

I71Sch. 14 para. 36 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I72Sch. 14 para. 36 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

RepealsS

37SThe enactments mentioned in the first column of the following table are repealed to the extent specified in the second column.

EnactmentExtent of repeal
Regulation of Care (Scotland) Act 2001 (asp 8)

Parts 1 and 2.

Schedule 1.

Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)The whole Act.
Adoption and Children (Scotland) Act 2007 (asp 4)Section 7.

Commencement Information

I73Sch. 14 para. 37 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I74Sch. 14 para. 37 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.

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