Regulation of Care (Scotland) Act 2001

Publication Date:January 01, 2001


Regulation of Care (Scotland) Act 2001

asp 8

[5th July 2001]

and received Royal Assent on

[31st May 2001]

The Bill for this Act of the Scottish Parliament was passed by the Parliament on

An Act of the Scottish Parliament to establish the Scottish Commission for the Regulation of Care and the Scottish Social Services Council; to make provision for the registration and regulation of care services and for the registration, regulation and training of social service workers; to enable local authorities to make grants in respect of activities relating to child care and family support and to make direct payments to children in respect of certain care services; to enable the Scottish Ministers to delegate a power to make certain grants and loans for social work; to make further provision as respects payments by local authorities towards maintenance of certain children residing with and being cared for by persons other than their parents; to enable local authorities to provide and maintain residential accommodation in which nursing is provided; to make further provision as respects persons who have been looked after by local authorities; to amend the definition of ‘place of safety’ in the Children (Scotland) Act 1995; to make further provision as respects the appointment for children of curatorsad litem , reporting officers and safeguarders; and for connected purposes.

1 The Commission and care services

Part 1

The Commission and care services

Constitution of Commission

Constitution of Commission

S-1 Constitution of Scottish Commission for the Regulation of Care

1 Constitution of Scottish Commission for the Regulation of Care

1 Constitution of Scottish Commission for the Regulation of Care

(1) There shall be a body corporate, to be known as the Scottish Commission for the Regulation of Care (in this Act referred to as ‘the Commission’), which shall—

(a) exercise the functions conferred on it by this Act or any other enactment; and

(b) have the general duty of furthering improvement in the quality of care services provided in Scotland.

(2) The Commission shall, in the exercise of its functions act—

(a) in accordance with any directions in writing given to it by the Scottish Ministers

(b) under the general guidance of the Scottish Ministers; and

(c) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(3) Schedule 1 to this Act shall have effect with respect to the Commission.

Care services

Care services

S-2 Care services

2 Care services

(1) A ‘care service’ is any of the following—

(a) a support service

(b) a care home service

(c) a school care accommodation service

(d) an independent health care service

(e) a nurse agency

(f) a child care agency

(g) a secure accommodation service;

(h) an offender accommodation service;

(i) an adoption service;

(j) a fostering service;

(k) an adult placement service;

(l) child minding;

(m) day care of children; and

(n) a housing support service.

(2) A ‘support service’ is a service provided, by reason of a person's vulnerability or need (other than vulnerability or need arising by reason only of that person being of a young age), to that person or to someone who cares for that person by—

(a) a local authority;

(b) any person under arrangements made by a local authority;

(c) a health body; or

(d) any person if it includes personal care or personal support,

but the expression does not include a care home service, an independent health care service, a service which provides overnight accommodation, an adoption service, a fostering service or a service excepted from this definition by regulations, paragraphs (c) and (d) above do not apply where the provider is a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 (c.29) and paragraph (d) above does not apply if the provider is an individual who personally and solely gives the care or support in question.

(3) A ‘care home service’ is a service which provides accommodation, together with nursing, personal care or personal support, for persons by reason of their vulnerability or need; but the expression does not include—

(a) a hospital;

(b) a public, independent or grant-aided school;

(c) an independent health care service; or

(d) a service excepted from this definition by regulations.

(4) A ‘school care accommodation service’ is a service which is provided to a pupil by an education authority or the managers of an independent or grant-aided school, or by any person under arrangements made by any such authority or managers—

(a) for the purpose of the pupil being in attendance at a public, independent or grant-aided school; and

(b) which consists of the provision, in a place in or outwith the school, of residential accommodation,

but a service may be excepted from this definition by regulations.

(5) An ‘independent health care service’ is any of the following—

(a) an independent hospital;

(b) a private psychiatric hospital;

(c) an independent clinic; and

(d) an independent medical agency.

(6) A ‘nurse agency’ is a service which consists of or includes supplying, or introducing to persons who use the service, registered nurses, registered midwives or registered health visitors; but a service may be excepted from this definition by regulations.

(7) A ‘child care agency’ is a service which consists of or includes supplying, or introducing to persons who use the service, child carers; but the expression does not include a nurse agency and a service may be excepted from this definition by regulations.

(8) In subsection (7) above, ‘child carer’ means a person who—

(a) whether or not for reward; and

(b) whether on a day-to-day or on an occasional basis,

looks after a child wholly or mainly in the home of the child's parents.

(9) A ‘secure accommodation service’ is a service which provides accommodation approved by the Scottish Ministers in accordance with regulations made under section 29(9)(a) of this Act.

(10) An ‘offender accommodation service’ is a service which consists of giving advice, guidance or assistance to persons who have been provided with accommodation under subsection (1)(b) or (c) of section 27 of the Social Work (Scotland) Act 1968 (c.49) (supervision and care of persons put on probation or released from prison etc.); but the expression does not include a support service.

(11) An ‘adoption service’ is a service which is—

(a) maintained by a local authority under section 1(1) of the Adoption (Scotland) Act 1978 (c.28); or

(b) provided by a person other than a local authority and which consists of, or includes, the making of arrangements for or in connection with the adoption of children (whether the person functions generally or in relation to some service maintained, or to be maintained, as part of the Scottish Adoption Service).

(12) For the purposes of subsection (11)(b) above, the making of arrangements for the adoption of a child where the proposed adopter is a relative of the child is not an adoption service.

(13) In subsection (11)(b) above, ‘the Scottish Adoption Service’ has the meaning given by section 1(4) of that Act of 1978.

(14) A ‘fostering service’ is a service which is provided by—

(a) a local authority under paragraph (a) of section 26(1) of the Children (Scotland) Act 1995 (c.36) (fostering of children looked after by a local authority);

(b) a person other than a local authority and which consists of, or includes, the making of arrangements for or in connection with the performance of functions assigned to a local authority—

(i) under that paragraph; or

(ii) by virtue of section 5(2) to (4) of the Social Work (Scotland) Act 1968 (c.49) (regulations relating to performance of functions assigned to a local authority under that Act); or

(c) a local authority and which consists of, or includes, the functions assigned to the authority by sections 3 and 8 to 10 of the Foster Children (Scotland) Act 1984 (c.56) (ensuring well-being etc. of certain privately fostered children).

(15) The services mentioned in subsection (14)(a) and (b) above and registered under this Act may be collectively referred to as the ‘Scottish public fostering service’; and those mentioned in subsection (14)(c) above and so registered may be collectively referred to as the ‘Scottish private fostering service’.

(16) An ‘adult placement service’ is a service which consists of, or includes, arranging for the provision of accommodation for an adult (that is to say for a person who has attained the age of eighteen years), together with—

(a) personal care;

(b) personal support; or

(c) counselling, or other help, provided other than as part of a planned programme of care,

by reason of the person's vulnerability or need, by placing the person with a family or individual; but a service may be excepted from this definition by regulations.

(17) ‘Child minding’ means, subject to subsections (18), (19) and (21)(a) below, looking after one or more children on domestic premises for reward and ‘act as a child minder’ shall be construed accordingly; but a service may be excepted from those definitions by regulations.

(18) For the purposes of subsection (17) above, a person who—

(a) is the parent, or a relative, of a child;

(b) has parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c.36)) relating to the child;

(c) is a foster parent with whom a child is placed by a local authority; or

(d) maintains a foster child (within the meaning of the Foster Children (Scotland) Act 1984 (c.56)),

does not act as a child minder when looking after that child.

(19) For the purposes of subsection (17) above, where a person—

(a) looks after a child for the parents of the child and the work consists of looking after the child...

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