Part 5

Social care and social work: scrutiny and improvement
Chapter 3

Care services

Regulations under section 78: visits to and by adult care home residents

Further provision to be made in connection with section 78C
78D
1
The Scottish Ministers must exercise the power under section 78(2) to impose a duty on the providers of care home services for adults to—
a
review, following a valid request, its decision about the suspension of internal or external visits,
b
notify SCSWIS when the provider suspends internal or external visits.
2
The duties described by subsection (1) must be framed—
a
to define what constitutes a valid request to a provider for the purposes of the duty,
b
so that a provider of a care home service must have regard to the code published under section 78E in carrying out the duties.
3
Subsection (1)(b) does not preclude the duty from being framed so as to create exceptions to the requirement to notify SCSWIS in relation to the suspension of internal or external visits.
4
In this section—
a
references to internal and external visits are to be construed in accordance with section 78C(1),
b
references to suspending them cover doing so specifically or generally.
Ss. 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