(This note is not part of the Regulations)

These Regulations delete a specific support service (a care at home service) from the list of excepted services contained in the Regulation of Care (Excepted Services) (Scotland) Regulations 2002 (S.S.I. 2002/120) (“ the principal Regulations”). The effect of this is that the support service defined in Article 2(a) (a care at home service) of the principal Regulations now falls within the definition of “support services” contained in section 2(2) of the Regulation of Care (Scotland) Act 2001 (asp 8) (“the Act”).

Although section 2(2) of the Act was commenced by article 2(a) of the Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2002 (S.S.I. 2202/167), certain support services were excepted from the definition of support services by the principal Regulations. These Regulations bring this specific support service back within the definition of support services under section 2(2) of the Act.