Commentary on Sections
Part 3 – Staffing in Care Services
Section 13 – Care services: consequential amendments
70.This section effects amendments to relevant care service legislation which are consequential to the substantive provisions of Part 3 of the Act.
71.Subsection (1)(a) amends section 60(3)(a) of the 2010 Act by inserting reference to the new section 82B power for the Scottish Ministers to require the use of a staffing method. The effect of this, once regulations under section 82B are made, will be to allow the requirement to use a staffing method to be considered by SCSWIS as a condition of registration for an applicant providing care services.
72.Subsection (1)(b) amends section 104(2) of the 2010 Act to provide that regulations made under the new section 82B are subject to the affirmative parliamentary procedure.
73.As a result of the duty being introduced into primary legislation by sections 7 and 8, subsection (2) repeals the similar existing provision set out in secondary legislation, in regulation 15 of the 2011 Regulations.
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