The Social Care and Social Work Improvement Scotland (Cancellation of Registration) Order 2026

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision further to the insertion of section 64(1A) of the Public Services Reform (Scotland) Act 2010 (“the 2010 Act”) by section 22 of the Care Reform (Scotland) Act 2025.

Section 64(1) of the 2010 Act sets out the grounds upon which Social Care and Social Work Improvement Scotland (“SCSWIS”) may propose to cancel the registration of a care service registered under Chapter 3 of Part 5 of the 2010 Act.

In accordance with section 64(1A), this power may be exercised either following the giving of an improvement notice and the expiry of the period for improvement specified in it, or in other circumstances which may be prescribed.

This Order prescribes those other circumstances, namely where an improvement notice has been given in respect of the care service but improvement has not been sustained, and where SCSWIS is no longer satisfied that the provider is fit to provide the service within the meaning of regulations made under section 78 of the 2010 Act (see regulation 6 of the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 (S.S.I. 2011/210) in that regard).