Part 2

Reforms connected to delivery and regulation of care
Chapter 3

Further Ministerial functions

Projecting care needs

Report on projected care needs
30
1
A report on projected social care needs in Scotland over the applicable period must be prepared and made publicly available by the Scottish Ministers before the end of—
a
2026,
b
the year falling 5 years after the previous year in which this duty had to be fulfilled (the first of which is 2031).
2
The “applicable period”, in relation to a report under subsection (1), is the period of 10 years beginning with the year after that in which the report is first due to be made publicly available in accordance with that subsection.

Market monitoring

Report on social care market
31
1
The Scottish Ministers must, by the end of each reporting period make publicly available a report on the state of the social care market in Scotland.
2
A report under subsection (1) may, in particular, include information about—
a
the composition of the market by reference to such factors such as the scale of the economic operators in the market and their status as for-profit bodies, public bodies or third sector bodies (as defined in section 37(1) of the Community Justice (Scotland) Act 2016),
b
the level of profit being made by operators in the market,
c
the tax status of the operators in the market.
3
In this section—
- “reporting period” means each period of 3 years beginning with 1 April on the year after the year that this section comes into force,
- “social care market” means the market for the provision of social care services,
- “social care services” are the following—
  1. support services,
  2. care home services,
  3. adult placement services,
  4. housing support services.
4
The services listed in the definition of “social care services” in subsection (3) are to be construed in accordance with schedule 12 of the Public Services Reform (Scotland) Act 2010.
5
The Scottish Ministers may, by regulations, modify this section so as to change the definition of “social care services”.

Power to obtain information for the purposes of section 31
32
1
The Scottish Ministers may require a person to supply them with information that—
a
is in the person’s control, and
b
may be relevant to the Scottish Ministers’ function of reporting under section 31.
2
A requirement under this section is imposed on a person when the Scottish Ministers give the person written notice specifying—
a
the information the person is required to supply,
b
the way in which the person is required to supply it,
c
the time by which the person is to supply it.
3
The Scottish Ministers may report the following matters to the Court of Session—
a
a person has refused, or failed without reasonable excuse, to comply with a requirement imposed under subsection (1),
b
the Scottish Ministers suspect a person has deliberately destroyed or altered information following the imposition of a requirement to supply it under subsection (1).
4
After receiving a report under subsection (3), and hearing any evidence or representations on the matter, the Court may (either or both)—
a
make any order for enforcement that it considers appropriate,
b
deal with the matter as if it were a contempt of court.

Monitoring and promoting fair work

Fair work strategy
33
1
The Scottish Ministers must prepare and publish a strategy for monitoring and promoting fair work in the care sector.
2
A strategy under subsection (1) must set out—
a
what constitutes fair work in the care sector,
b
how the Scottish Ministers intend to monitor the extent to which fair work in the care sector is being achieved, including their plans and processes for—
i
collecting and recording data, and requiring others to collect and record data, on the practices and arrangements in place in relation to fair work in the care sector,
ii
analysing that data to assess the extent to which the practices and arrangements achieve, or contribute to achieving, fair work in the care sector,
iii
reviewing that data to assess whether there is any improvement in the extent to which the practices and arrangements achieve, or contribute to achieving, fair work in the care sector, and
iv
using that data in preparing and publishing a report under section 34(1),
c
what action (if any) the Scottish Ministers intend to take to—
i
promote fair work in the care sector where they identify a need to improve the extent to which the practices and arrangements in place achieve, or contribute to achieving, fair work in the care sector (for example, issuing guidance on what constitutes good practice), and
ii
review the effect of any such action taken to promote fair work in the care sector.
3
A strategy under subsection (1) may—
a
include any other information the Scottish Ministers consider appropriate, and
b
be in any form they consider appropriate and, in particular, may be part of another document.
4
The Scottish Ministers must—
a
prepare and publish the first version of the strategy under subsection (1) before the end of the period of 18 months beginning with the day on which this section comes into force, and
b
before the end of each review period—
i
review the strategy, and
ii
if they consider it appropriate, prepare and publish a new version of the strategy under subsection (1).
5
In preparing and reviewing the strategy, the Scottish Ministers must consult the persons mentioned in section 5(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.
6
For the purposes of subsection (5), it is immaterial that anything done by way of consultation was done before this section comes into force.
7
In this section—
- “fair work in the care sector” means fair work for individuals employed in the provision of a service provided in pursuance of—
  1. a function conferred by virtue of an enactment listed in the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014, or
  2. a function that—
    1. may be delegated by virtue of section 1(6) of that Act, or
    2. must be delegated by virtue of section 1(8) of that Act,
- “review period” means the period of 3 years beginning with the day on which the latest version of the strategy was published.

Report on fair work
34
1
The Scottish Ministers must, as soon as reasonably practicable after the end of the reporting period, prepare and publish a report on fair work in the care sector.
2
The report must include—
a
an assessment of the extent to which fair work in the care sector, as set out in the strategy published under section 33(1), has been achieved during the reporting period,
b
an assessment of whether there has been any improvement in the extent to which fair work in the care sector has been achieved during the reporting period, and
c
if that assessment is that there has been little or no improvement in the extent to which fair work in the care sector has been achieved—
i
why that is the case, and
ii
what action (if any) the Scottish Ministers intend to take to promote, or further promote, fair work in the care sector before the end of the next reporting period.
3
The report may include any other information the Scottish Ministers consider appropriate.
4
In this section—
- “fair work in the care sector” has the meaning given in section 33(7),
- “reporting period” means—
  1. the period of one year beginning with the day on which the first version of the strategy under section 33(1) was published, and
  2. each subsequent period of one year.

Monitoring advocacy provision

Report on independent advocacy services
35
1
The Scottish Ministers must, before the end of each review period—
a
undertake a review of the provision, in relation to public social care services, of independent advocacy services funded by them, and
b
prepare a report on that review.
2
A report under subsection (1)(b) must include—
a
an assessment of the extent of provision of independent advocacy services made available—
i
at the beginning of the review period,
ii
at the end of the review period,
b
an assessment of whether the availability of provision of independent advocacy services has increased during the review period,
c
if that assessment is that the provision of independent advocacy services has not increased—
i
why that is the case, and
ii
what steps (if any) the Scottish Ministers intend to take to ensure the availability of independent advocacy services increases before the end of the next review period.
3
The Scottish Ministers must, as soon as reasonably practicable after preparing the report—
a
publish the report, and
b
lay a copy of it before the Scottish Parliament.
4
For the purposes of this section—
a
the “review period” means—
i
the period of 2 years beginning with the day on which this section comes into force, and
ii
each subsequent period of 4 years until a date specified in regulations made by the Scottish Ministers,
b
expressions used in this section that are also used in section 28 are to be construed in accordance with subsection (5) of that section.

Advancing sectoral bargaining

Sectoral bargaining: guidance etc.
36
1
The Scottish Ministers must, no later than 2 years after this section comes into force, prepare and publish guidance for contracting authorities on sectoral bargaining in social care procurement.
2
Guidance under subsection (1) must include information—
a
on the process of sectoral bargaining,
b
on aims in relation to contract conditions,
c
to be included in contract notices,
d
to be included in bid documents,
e
on the required criteria for an award to be made,
f
on the management of contracts, and
g
on steps to be taken by contracting authorities to ensure contracted providers comply with collective agreements.
3
Contracting authorities must have regard to any guidance published under this section.
4
The Scottish Ministers must take whatever other steps they consider necessary to support compliance with collective agreements.
5
The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.
6
In this section, “sectoral bargaining” means the application to all contracted or commissioned social care services of the required pay and other conditions of employment that have been negotiated and agreed by employers and trade unions through the relevant national body established by employers associations and trade unions and recognised by the Scottish Government for that purpose.
S. 30 in force at 23.7.2025, see s. 39(1)
S. 31 not in force at Royal Assent, see s. 39(2)
S. 32 not in force at Royal Assent, see s. 39(2)
S. 33 not in force at Royal Assent, see s. 39(2)
S. 34 not in force at Royal Assent, see s. 39(2)
S. 35 not in force at Royal Assent, see s. 39(2)
S. 36 not in force at Royal Assent, see s. 39(2)
S. 33 in force at 7.1.2026 by S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1
S. 34 in force at 7.1.2026 by S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1