- Latest available (Revised)
- Point in Time (27/05/2020)
- Original (As enacted)
Version Superseded: 01/10/2022
Point in time view as at 27/05/2020.
There are currently no known outstanding effects for the Coronavirus (Scotland) (No.2) Act 2020, Paragraph 20.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
20(1)This paragraph describes the circumstances in which the powers conferred by paragraph 18 or 19 may be exercised in relation to a relevant provider of care home services or care at home services (“the provider”).S
(2)The circumstances are that, for a reason relating to coronavirus—
(a)the provider is in serious financial difficulty,
(b)the local authority or, as the case may be, the health body is satisfied that there is a threat to the life, health or wellbeing of the persons receiving the services, or
(c)the provider has recently ceased to provide the services.
(3)For the purposes of sub-paragraph (2)(a), a provider is to be regarded as being in serious financial difficulty if it notifies SCSWIS of an insolvency event under regulation 6A, 6B or 6C of the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 (S.S.I. 2011/210).
(4)As soon as practicable after receiving notification of such an insolvency event, SCSWIS is to inform—
(a)any local authority and Health Board in whose areas the services are being provided,
(b)the Common Services Agency, and
(c)Healthcare Improvement Scotland,
that such notification has been received.
(5)For the purposes of being satisfied as to the threat described in sub-paragraph (2)(b)—
(a)in a case where the proposed acquisition is by a local authority, it must consult—
(i)SCSWIS,
(ii)any other local authority in whose area the services are being provided,
(iii)any Health Board in whose area the services are being provided,
(iv)the Common Services Agency,
(v)Healthcare Improvement Scotland,
(vi)such other persons or bodies as it considers appropriate (if any),
(b)in a case where the proposed acquisition is by a health body, it must consult—
(i)SCSWIS,
(ii)any local authority in whose area the services are being provided,
(iii)any Health Board in whose area the services are being provided,
(iv)the Common Services Agency,
(v)Healthcare Improvement Scotland,
(vi)such other persons or bodies as it considers appropriate (if any).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: