Commentary on Sections
Part 1 – Guiding Principles for Staffing
Section 3 – Guiding principles etc. in care service staffing and planning
14.Section 3 makes equivalent provision to section 2 for care services, setting out that any person providing a care service must also have regard to the principles set out in section 1 when carrying out the duty to ensure appropriate staffing imposed by section 7 of the Act.
15.Section 3 also places a duty on local authorities and integration authorities (as defined in the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”) to have regard to the guiding principles, and the duties imposed by this Act, and Chapters 3 and 3A of the 2014 Act, on care service providers, when commissioning care services. As with section 2 for the NHS, this means that the new legal framework becomes a relevant part of the planning of such services, as well as their delivery.
16.Subsection (3) allows the Scottish Ministers to issue guidance to local authorities and integration authorities which they must have regard to in carrying out their duties outlined above. Before issuing the guidance, the Scottish Ministers must consult the persons mentioned in subsection (4). Subsection (5) requires that the guidance is published.
17.Subsection (6) creates a duty on local authorities and integration authorities to report to Scottish Ministers on how they have complied with subsection (2) and any risks that may affect their ongoing ability to do so.
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