Public Services Reform (Scotland) Act 2010 Explanatory Notes

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  1. Introduction

  2. The Act

    1. Part 1 – Simplification of Public Bodies

      1. Transfer of functions

        1. Section 1 - Transfer to Scottish Natural Heritage (“SNH”) of functions of the Deer Commission for Scotland (“DCS”)

        2. Section 2 - Transfer to Scottish Natural Heritage (“SNH”) of functions of Advisory Committee on Sites of Special Scientific Interest (“ACSSSI”)

        3. Section 3 – Transfer to certain bodies of functions of Waterwatch Scotland

      2. Dissolution of bodies

        1. Section 4 - Dissolution of Scottish Records Advisory Council (“SRAC”)

        2. Section 5 - Dissolution of Scottish Industrial Development Advisory Board (“SIDAB”)

        3. Section 6 - Dissolution of Building Standards Advisory Committee (“BSAC”)

        4. Section 7 - Historic Environment Advisory Council for Scotland (“HEACS”)

        5. Section 8 - Dissolution of Regional Boards of the Scottish Environment Protection Agency

      3. Delegation of functions

        1. Section 9 - Delegation of Ministerial functions under section 7 of the Industrial Development Act 1982

        2. Section 10 - Delegation of Ministerial functions under section 5 of the Science and Technology Act 1965

        3. Section 11 - Delegation of certain functions of Forestry Commissioners under Forestry Act 1967

        4. Section 12 - Forestry Commissioners: joint ventures etc.

      4. Regulation of officers of court

        1. Section 13 – Regulation of officers of court

    2. Part 2 – Order-Making Powers

      1. Section 14 - Public functions: efficiency, effectiveness and economy

      2. Section 15 – Public functions: further provisions

      3. Section 16 - Preconditions

      4. Section 17 - Power to reduce or remove burdens

      5. Section 18 - Preconditions

      6. Section 19 - Order in relation to certain bodies: requirement for request and consent

      7. General restrictions

        1. Section 20 - Subordinate legislation and powers of direction, appointment and consent

        2. Section 21 - Local taxation

        3. Section 22 - Criminal penalties

        4. Section 23 - Forcible entry etc.

        5. Section 24 - Prohibition on modification of this Part

      8. Procedure

        1. Section 25 to 28 - Procedure, consultation and explanatory document

        2. Section 29 - Order-making powers: modifications of enactments

        3. Section 30 - Interpretation of Part 2

    3. Part 3 – Information on the Exercise of Public Functions

      1. Section 31 - Public functions: duties to provide information on certain matters

      2. Sections 32 - Public functions: duty to provide information on exercise of functions

      3. Section 33 - Public functions: duty to provide information on special advisers

      4. Section 34 - Public functions: duties to provide information: further provision

      5. Section 35 - Public functions: duties to provide information: further provision

    4. Part 4 – Creative Scotland

      1. Section 36 – Establishment of Creative Scotland

      2. Section 37 – General functions of Creative Scotland

      3. Section 38 – Advisory and other functions

      4. Section 39 – Grants and loans

      5. Section 40 – Directions and guidance

      6. Miscellaneous and general

        1. Section 41 – Dissolution of the Scottish Arts Council

        2. Section 42 – Transfer of staff etc.

        3. Section 43 – Creative Scotland: Modifications of enactments

    5. Part 5 – Social Care and Social Work: Scrutiny and Improvement

      1. Chapter 1 – Social Care and Social Work Improvement Scotland

        1. Social Care and Social Work Improvement Scotland

          1. Section 44 – Social Care and Social Work Improvement Scotland

          2. Section 45 – General principles

        2. Key Definitions

          1. Section 46 – Social services

          2. Section 47 – Care services

          3. Section 48 – Social work services

          4. Section 49 – Power to modify key definitions

        3. Miscellaneous

          1. Section 50 – Standards and outcomes

          2. Section 51 – Information and advice

          3. Section 52 – Dissolution of Scottish Commission for the Regulation of Care

      2. Chapter 2 – Social Services Inspections

        1. Inspections

          1. Section 53 – Inspections

          2. Section 54 - Inspections under section 53: best regulatory practice

          3. Section 55 – Inspections at request of Scottish Ministers

          4. Section 56 – Inspections: authorised persons

          5. Section 57 – Inspections: reports

        2. Regulations

          1. Section 58 – Regulations: inspections

      3. Chapter 3 – Care Services

        1. Registration of care services

          1. Section 59 – Registration of care services

          2. Section 60 – Grant or refusal of registration

          3. Section 61 – Limited registration

        2. Improvement notices

          1. Section 62 – Improvement notices: care services

          2. Section 63 – Special provision for certain care services provided by local authorities

        3. Proposals and applications in relation to registered care services

          1. Section 64 – Cancellation of registration

          2. Section 65 – Emergency cancellation of registration

          3. Section 66 – Condition notices

          4. Section 67 – Emergency Condition Notices

          5. Section 68 – Application of Part to condition notices following emergency condition notices

          6. Section 69 – Emergency Condition Notices: Appeals

          7. Section 70 – Applications under Chapter 3 in respect of conditions

          8. Section 71 – Further provision as respects notice of proposals

          9. Section 72 – Right to make representations to SCSWIS as respects proposals under Chapter 3

          10. Section 73 – Notice of SCSWIS’s decision under Chapter 3

          11. Section 74 – Conditions as to numbers

          12. Section 75– Appeal against decision to implement proposal

        4. Fees

          1. Section 76 – Registration fees

        5. Regulations

          1. Section 77 – Regulations: registers and registration

          2. Section 78 – Regulations: care services

        6. Complaints

          1. Section 79 – Complaints about care services

        7. Offences

          1. Section 80 – Offences in relation to registration under Chapter 3

          2. Section 81 – False statements in application under Chapter 3

          3. Section 82 – Offences by bodies corporate etc.

      4. Chapter 4 – Local Authority Adoption and Fostering Services etc.

        1. Section 83 – Local authority applications for registration under Chapter 4

        2. Section 84 – Grant of local authority application under Chapter 4

        3. Section 85 – Condition notices: services registered under Chapter 4

        4. Section 86 – Applications under Chapter 4 in respect of conditions

        5. Section 87 – Right to make representations to SCSWIS under Chapter 4 as respects conditions

        6. Section 88 – Notice of SCSWIS’s decision under Chapter 4

        7. Section 89 – Appeal against decision under Chapter 4

        8. Section 90 – Offences under Chapter 4

        9. Section 91 – Report to Scottish Ministers

        10. Section 92 – Default powers of Scottish Ministers

      5. Chapter 5 – Miscellaneous

        1. Section 93 – Grants to SCSWIS

        2. Section 94 – Guarantees

        3. Section 95 – Duty of SCSWIS to consult Scottish Social Services Council

        4. Section 96 – Duty of SCSWIS to consult the Mental Welfare Commission

        5. Section 97 – Complaints procedure

        6. Section 98 – Inquiries

        7. Section 99 – Arrangements entered into by local authority or health body: services to be registered

        8. Section 100 – Local authorities and health bodies: awareness of SCSWIS reports etc.

        9. Section 101 – Giving of notice

        10. Section 102 - Transfer of staff etc.

        11. Section 103 – Transfer of staff: further provision

        12. Section 104 - Orders and regulations: procedure

        13. Section 105 – Interpretation of Part 5

        14. Section 106 – Minor and consequential amendments and repeals: SCSWIS

        15. Section 107 – Minor modifications: Scottish Social Services Council

    6. Part 6 – Health Care: Scrutiny and Improvement

      1. Section 108 – Healthcare Improvement Scotland

        1. Healthcare Improvement Scotland

          1. Section 10A – Healthcare Improvement Scotland

        2. Principles

          1. Section 10B – Principles

        3. Functions related to the health service

          1. Section 10C – Health service functions

          2. Section 10D – Health service functions: further provision

          3. Section 10E – Independent health care functions

          4. Section 10F – Meaning of “independent health care services”

          5. Section 10G – Power to modify definitions

        4. Standards and outcomes

          1. Section 10H – Standards and outcomes

        5. Inspections

          1. Section 10I – Inspections of services provided under the health service

          2. Section 10J – Inspections of independent health care services

          3. Section 10K – Authorised persons

          4. Section 10L – Inspections: best regulatory practice

          5. Section 10M – Inspections at request of Scottish Ministers

          6. Section 10N – Inspections: reports

          7. Section 10O– Regulations relating to inspections

        6. Registration

          1. Section 10P – Registration of independent health care service

          2. Section 10Q – Grant or refusal of registration

        7. Improvement notices

          1. Section 10R – Improvement notices: independent health care services

        8. Proposals and applications in relation to registered independent health care services

          1. Section 10S – Cancellation of registration

          2. Section 10T – Emergency cancellation of registration

          3. Section 10U – Condition notices

          4. Section 10V – Emergency Condition Notices

          5. Section 10W – Application of Act to condition notices following emergency condition notices

          6. Section 10X – Emergency Condition Notices: Appeals

          7. Section 10Y – Applications in respect of conditions

          8. Section 10Z – Further provision as respects notice of proposals

          9. Section 10Z1 – Right to make representations to HIS as respects proposals

        9. Notice of decision on application for registration

          1. Section 10Z2 – Notice of HIS’s decisions

        10. Conditions as to numbers

          1. Section 10Z3 – Conditions as to numbers

        11. Appeal against decision to implement proposal

          1. Section 10Z4 – Appeal against decision to implement proposal

        12. Fees

          1. Section 10Z5 – Registration Fees

        13. Regulations

          1. Section 10Z6 – Regulations: registers and registration

          2. Section 10Z7 – Regulations: independent health care services

        14. Complaints about independent health care services

          1. Section 10Z8 – Complaints about independent health care services

        15. Offences

          1. Section 10Z9 – Offences in relation to registration

          2. Section 10Z10 – False Statements in applications

          3. Section 10Z11 – Offences by bodies corporate etc.

        16. Inquiries

          1. Section 10Z12 – Inquiries

        17. Arrangements to provide independent health care services: registration

          1. Section 10Z13 – Arrangements entered into by independent healthcare services: services to be registered

        18. Duty of certain bodies to be aware of reports, etc.

          1. Section 10Z14 – Local authorities and health bodies: awareness of HIS reports etc.

        19. Giving of notice

          1. Section 10Z15– Giving of notice

        20. Scottish Health Council

          1. Section 10Z16 – Establishment of Scottish Health Council

          2. Section 10Z17 – Transfer of staff

          3. Section 10Z18 – “Provide” in relation to independent health care services

        21. Consultation with Mental Welfare Commission for Scotland

          1. Section 10Z19 – Duty of HIS to consult the Mental Welfare Commission for Scotland

      2. Section 109 – Transfer of staff, etc. to Healthcare Improvement Scotland

      3. Section 110 – Healthcare Improvement Scotland: constitution, etc.

    7. Part 7 – Mental Welfare Commission for Scotland

      1. Section 111 – Mental Welfare Commission for Scotland

    8. Part 8 – Scrutiny and Complaints

      1. User focus

        1. Section 112 - Scrutiny: user focus

        2. Section 113 - User focus: guidance etc.

        3. Section 114 - Scrutiny: duty of co-operation

      2. Joint inspections

        1. Section 115 - Joint inspections

        2. Section 116 - Participation in joint inspections

        3. Section 117 - Regulations relating to joint inspections

      3. Public Finance and Accountability

        1. Section 118 - Amendment of Public Finance and Accountability (Scotland) Act 2000

      4. Complaints handling procedures

        1. Section 119 - Complaint handling procedures

          1. Section 16A – Statement of principles

          2. Section 16B - Model complaints handling procedures

          3. Section 16C - Model complaint handling procedures: power to specify

          4. Section 16D - Declarations of non-compliance

          5. Section 16E - Submission of description of complaints handling procedure

          6. Section 16F - Complaint handling procedures: application of other enactments

          7. Section 16G – Complaints handling procedure: promotion of best practice etc.

    9. Part 9 - Charities

      1. Section 120 – Information to appear on charity websites

      2. Section 121 - Variation, revocation and review of directions

      3. Section 122 - Powers of Court of Session: deemed removal of persons

      4. Section 123 - Delegation of functions

      5. Section 124 - Reorganisation of charities

      6. Section 125 - Reorganisation of restricted funds

      7. Section 126 - Appointment of charity trustees

      8. Section 127 – Charity trustees’ indemnity insurance

    10. Part 10 – Miscellaneous and General Provisions

      1. Miscellaneous

        1. Section 129 - Local Government (Scotland) Act 1973: minor amendment

        2. Section 130 - Consultation by water and sewerage services providers

        3. Section 131 - Complaints about water services and sewerage services providers

      2. General

        1. Section 132 – Ancillary provision

        2. Section 133 - Orders and regulations: Parts 8 and 10

        3. Section 134 – Short title and commencement

    11. Schedule 1 - Deer Commission for Scotland: Consequential Amendments

    12. Schedule 2 – Transfer of Waterwatch Scotland Functions: Modification of Enactments

      1. Part 1 - Amendments

      2. Part 2 - Repeals

    13. Schedule 3 – Dissolution of Waterwatch Scotland: Arrangements for Staff, Property Etc.

    14. Schedule 4 - Regulation of Officers of Court: Modifications of Enactments

      1. Part 1 - Amendments

      2. Part 2 - Repeals

    15. Schedule 5 - Improvement of Public Functions: Listed Bodies

    16. Schedule 6 - Part 2 Order-Making Powers (Request and Consent): Listed Bodies

    17. Schedule 7 - Order-Making Powers: Modifications of Enactments

    18. Schedule 8 - Information on Exercise of Public Functions: Listed Public Bodies

    19. Schedule 9 - Creative Scotland: Establishment Etc.

      1. Paragraph 1 – Status

      2. Paragraph 2 – Membership of Creative Scotland

      3. Paragraph 3 – Terms of appointment etc.

      4. Paragraph 4 – Removal of members

      5. Paragraph 5 – Disqualification from membership

      6. Paragraph 6 – Remuneration and allowances for members

      7. Paragraph 7 – Chief executive and other employees

      8. Paragraph 8 – Committees

      9. Paragraph 9 – Procedure and meetings

      10. Paragraph 10 – General powers

      11. Paragraph 11 – Delegation of functions

      12. Paragraph 12 – Location of office

      13. Paragraph 13 – Accounts

      14. Paragraph 14 – Reports

    20. Schedule 10 - Creative Scotland: Modifications of Enactments

    21. Schedule 11 - Social Care and Social Work Improvement Scotland: Establishment Etc.

      1. Paragraph 1 – Status

      2. Paragraph 2 – Membership of SCSWIS

      3. Paragraph 4 – Terms of appointment etc.

      4. Paragraph 5 – Removal of members

      5. Paragraph 6 – Disqualification from membership

      6. Paragraph 7 – Remuneration and allowances for members

      7. Paragraph 8 – Chief Executive and other employees

      8. Paragraph 9 – Committees

      9. Paragraph 10 – Procedure and meetings

      10. Paragraph 11 – General powers

      11. Paragraph 12 – Delegation of functions

      12. Paragraph 13 – Location of office

      13. Paragraph 14 – Accounts

      14. Paragraph 15 – Reports

    22. Schedule 12 - Care Services: Definitions

    23. Schedule 13 - Social Work Services Functions: Specified Enactments

    24. Schedule 14 - Social Care and Social Work Improvement Scotland: Modifications of Enactments

    25. Schedule 15 – Scottish Social Services Council: Modifications of Regulation of Care (Scotland) Act 2001

    26. Schedule 16 - Healthcare Improvement Scotland: Establishment Etc.

      1. Paragraph 1 – Status

      2. Paragraph 2 – Membership of HIS

      3. Paragraph 3 – Terms of appointment etc.

      4. Paragraph 4 – Removal of members

      5. Paragraph 5 – Disqualification from membership

      6. Paragraph 6 – Remuneration and allowances for members

      7. Paragraph 7 – Chief Executive and other employees

      8. Paragraph 8 – Committees

      9. Paragraph 9 – Procedure and meetings

      10. Paragraph 10 – General powers

      11. Paragraph 11 – Delegation of functions

      12. Paragraph 12 – Location of office

      13. Paragraph 13 – Accounts

      14. Paragraph 14 – Reports

    27. Schedule 17 - Healthcare Improvement Scotland: Modification of Enactments

    28. Schedule 18 – Mental Welfare Commission for Scotland: Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

    29. Schedule 19 - Scrutiny Functions: Persons Etc. Subject to User Focus Duty

    30. Schedule 20 - Scrutiny Functions: Persons Etc. Subject to Duty of Co-Operation

  3. Parliamentary History

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