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Public Services Reform (Scotland) Act 2010
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Public Services Reform (Scotland) Act 2010, Section 78B is up to date with all changes known to be in force on or before 26 January 2026. 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.
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Changes and effects yet to be applied to Section 78B:
- s. 50(1A)(1B) inserted by 2024 asp 5 s. 28(2)(a)
- s. 78(2A)(2B) inserted by 2024 asp 5 s. 28(4)
- s. 78A inserted by 2024 asp 5 s. 27(2)
- sch. 12 para. 6-6B substituted for Sch. 12 para. 6 by 2024 asp 5 s. 27(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 50(1A)(1B) inserted by 2024 asp 5 s. 28(2)(a)
- s. 78(2A)(2B) inserted by 2024 asp 5 s. 28(4)
- s. 78A inserted by 2024 asp 5 s. 27(2)
- sch. 12 para. 6-6B substituted for Sch. 12 para. 6 by 2024 asp 5 s. 27(4)
[F178BIdentification of Essential Care SupporterS
This section has no associated Explanatory Notes
(1)The Scottish Ministers must exercise the power under section 78(2) to impose a duty on providers of care home services for adults to—
(a)identify for every resident of accommodation provided by the care home service at least one individual as an Essential Care Supporter, unless—
(i)doing so would be contrary to the resident’s wishes, or
(ii)nobody can be identified who is able and willing to be the resident’s Essential Care Supporter, and
(b)maintain a record of the Essential Care Supporters identified.
(2)The Scottish Ministers must set out in regulations under section 78(2)—
(a)the criteria to be applied in determining who a resident’s Essential Care Supporter is, and
(b)the consultative process with the resident and others by which that determination is to be made.
(3)The duty described by subsection (1) must be framed so that a provider of a care home service must have regard to the code published under section 78E in carrying out the duty.]
Textual Amendments
F1Ss. 78B-78G and cross-heading inserted (7.1.2026 for specified purposes) by Care Reform (Scotland) Act 2025 (asp 9), ss. 14(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1
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