| Guvnor

Enforced by: Scottish Social Services Council, Care Inspectorate
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 1 of 17 obligations carry a fine up to £2,500. 1 carries different penalties and 15 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer3 Any Person2

Plus 12 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

THE COMMISSION AND CARE SERVICES

0 of 32 sections shown

32 other sections in this Part — procedural and definitional

s.001 Constitution of Scottish Commission for the Regulation of Care

s.002 Care services

s.003 Power to amend the definition of “care service"

s.004 Information and advice

s.005 National care standards

s.006 Complaints about care services

s.007 Applications for registration under Part 1

s.008 Limited registration

s.009 Grant or refusal of registration under Part 1

s.010 Improvement notices

s.011 Special provision for certain care services provided by local authorities

s.012 Cancellation of registration

s.013 Condition notices

s.014 Applications under Part 1 in respect of conditions

s.015 Further provision as respects notice of proposals

s.016 Right to make representations to Commission as respects proposals under Part 1

s.017 Notice of Commission’s decision under Part 1

s.018 Urgent procedures for cancellation of registration etc.

s.019 Conditions as to numbers

s.020 Appeal against decision to implement proposal

s.021 Offences in relation to registration under Part 1

s.022 False statements in applications under Part 1

s.023 Offences by bodies corporate etc.

s.024 Registration fees

s.025 Inspections

s.026 Integrated inspections

s.027 Further provision as regards inspections

s.028 Regulations relating to the Commission, to registration and to registers

s.029 Regulations relating to care services

s.030 Transfer of staff

s.031 Arrangements entered into by local authority or health body: services to be registered

s.032 Giving of notice

Part 2

LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.

0 of 10 sections shown

10 other sections in this Part — procedural and definitional

s.033 Local authority applications for registration under Part 2

s.034 Grant of local authority application under Part 2

s.035 Condition notices: services registered under Part 2

s.036 Applications under Part 2 in respect of conditions

s.037 Right to make representations to Commission under Part 2 as respects conditions

s.038 Notice of Commission’s decision under Part 2

s.039 Appeal against decision under Part 2

s.040 Offences under Part 2

s.041 Report to Scottish Ministers

s.042 Default powers of Scottish Ministers

Part 3

THE COUNCIL

10 of 21 sections shown

s.043 Constitution of Scottish Social Services Council Regulated

Other duties (1) — Crown / regulator

Scottish Social Services Council must promote high sector standardsStatutory regulator

s.044 Register of social workers and of other social service workers Regulated

Other duties (1) — Crown / regulator

Scottish Social Services Council must maintain the social service registerStatutory regulator

s.045 Applications for registration under Part 3 Prosecution

Knowingly provide false information in a social service registration applicationAny Person

Fine up to £2,500

s.049 Removal etc. from the Council’s register Regulated

Other duties (1) — Crown / regulator

The Scottish Social Services Council must establish rules for the registerStatutory regulator

s.050 Notice of Council’s decision under rules under section 49 Regulated

Other duties (1) — Crown / regulator

SSSC must notify individuals of registration decisions and appeal rightsStatutory regulator

s.052 Use of title “social worker" etc. Prosecution

Misuse the protected title "social worker" with intent to deceiveAny Person

Unlimited fine

s.053 Codes of practice Regulated

Adhere to the SSSC codes of practice for social service workers and their employersEmployer

s.054 Approval of courses etc. Regulated

Other duties (1) — Crown / regulator

Scottish Social Services Council must approve and provide training coursesStatutory regulator

s.057 Notification of dismissal etc. to Council Regulated

Notify the Council if a social service worker is dismissed for misconductEmployer

s.058 Functions of the Scottish Ministers under this Part Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must oversee social service workforce planning and trainingCrown / Minister / Government department

11 other sections in this Part — procedural and definitional

s.046 Grant or refusal of registration under Part 3

s.046 Visiting social workers from relevant European States

s.046 Qualifications gained outside Scotland

s.047 Variation etc. of conditions in relation to registration under Part 3

s.048 Right to make representations to Council as respects decision under section 47

s.050 Council’s power to require information

s.051 Appeal against decision of Council

s.055 Grants and allowances for social service workers’ training

s.056 Regulations relating to the Council

s.057 Power of Council to make rules

s.057 Provision of other information to Council by employer

Part 4

GENERAL PRINCIPLES

1 of 1 section shown

s.059 General principles Regulated

Other duties (1) — Crown / regulator

Scottish Ministers and Council must follow core care principlesCrown / Minister / Government department

Part 5

PROVISIONS COMMON TO COMMISSION AND COUNCIL

4 of 7 sections shown

s.061 Guarantees Regulated

SSSC must repay the Scottish Ministers sums paid out under a guaranteeEmployer

Other duties (1) — Crown / regulator

Scottish Ministers must report guarantees of Council borrowing to the Scottish ParliamentCrown / Minister / Government department

s.062 Duty of Commission and Council to consult each other Regulated

Other duties (1) — Crown / regulator

SSSC must consult the Care Inspectorate where it considers it appropriateStatutory regulator

s.063 Guidance as to consultation Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must provide guidance on consultation requirementsCrown / Minister / Government department

s.064 Complaints procedure Regulated

Other duties (1) — Crown / regulator

The Council must establish and publicise a complaints procedureStatutory regulator

3 other sections in this Part — procedural and definitional

s.060 Grants

s.065 Inquiries

s.066 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Part 6

MISCELLANEOUS

0 of 10 sections shown

10 other sections in this Part — procedural and definitional

s.067 Cessation of exercise of certain functions by Central Council for Education and Training in Social Work

s.068 Grants in respect of activities relating to child care and family support

s.069 Amendment of Social Work (Scotland) Act 1968: delegation of power to make grants and loans to certain voluntary organisations etc.

s.070 Amendment of Social Work (Scotland) Act 1968: direct payments to children for care services

s.071 Amendment of Children Act 1975: maintenance payments to children

s.072 Provision by local authorities of residential accommodation in which nursing is provided

s.073 Amendment of Children (Scotland) Act 1995: after-care

s.074 Amendment of Children (Scotland) Act 1995: “place of safety"

s.075 Panels for curators ad litem, reporting officers and safeguarders

s.076 Amendment of Children (Scotland) Act 1995: Children’s Panel Advisory Committees

Part 7

GENERAL

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.077 Interpretation

s.078 Orders and regulations

s.079 Minor and consequential amendments

s.080 Repeals and transitional provisions etc.

s.081 Short title and commencement

Schedules

1 of 45 shown

s.sch002 THE SCOTTISH SOCIAL SERVICES COUNCIL Regulated

Other duties (1) — Crown / regulator

SSSC must provide audited accounts available for inspection on requestStatutory regulator

44 other schedules

s.001 THE SCOTTISH COMMISSION FOR THE REGULATION OF CARE

s.003 MINOR AND CONSEQUENTIAL AMENDMENTS

s.sch001 Status

s.sch001 Reports

s.sch001 Membership

s.sch001 General powers

s.sch001 Regulations as to appointments, procedure etc.

s.sch001 Staff

s.sch001 Accounts

s.sch002 Status

s.sch002 Reports

s.sch002 Membership

s.sch002 In making appointments under paragraph 2 above, the Scottish Ministers...

s.sch002 In paragraph 4 above, “requisite number” means at least two...

s.sch002 General powers

s.sch002 Regulations as to appointments, procedure etc.

s.sch002 Staff

s.sch002 Accounts

s.sch003 Human Tissue Act 1961 (c.54)

s.sch003 Anatomy Act 1984 (c.14)

s.sch003 Mental Health (Scotland) Act 1984 (c.36)

s.sch003 Foster Children (Scotland) Act 1984 (c.56)

s.sch003 Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

s.sch003 Income and Corporation Taxes Act 1988 (c.1)

s.sch003 Children Act 1989 (c.41)

s.sch003 Opticians Act 1989 (c.44)

s.sch003 Environmental Protection Act 1990 (c.43)

s.sch003 Local Government Finance Act 1992 (c.14)

s.sch003 Children (Scotland) Act 1995 (c.36)

s.sch003 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)

s.sch003 Criminal Procedure (Scotland) Act 1995 (c.46)

s.sch003 Police Act 1997 (c.50)

s.sch003 Adoption (Intercountry Aspects) Act 1999 (c.18)

s.sch003 Adults with Incapacity (Scotland) Act 2000 (asp 4)

s.sch003 Sexual Offences (Amendment) Act 2000 (c.44)

s.sch003 Sewerage (Scotland) Act 1968 (c.47)

s.sch003 Social Work (Scotland) Act 1968 (c.49)

s.sch003 Medicines Act 1968 (c.67)

s.sch003 Employment Agencies Act 1973 (c.35)

s.sch003 Adoption (Scotland) Act 1978 (c.28)

s.sch003 Water (Scotland) Act 1980 (c.45)

s.sch003 Administration of Justice Act 1982 (c.53)

s.sch004 REPEALS

Help complying

Guvnor’s practical routes through this instrument.

Start a social care provider business

End-to-end learning path for starting a social care business. Covers which regulator applies, CQC registration, registered manager requirements, workforce qualifications (Care Certificate, …

Starting a social care provider business

Step-by-step guide to starting a social care business — from choosing your regulator through workforce requirements to financial planning.

Registering a care service in Scotland

End-to-end learning path for starting a regulated care service in Scotland. Covers the Care Inspectorate, service types, registration, Health and Social Care …

Operating care services across UK national borders

A learning path for care service providers operating or planning to operate across more than one UK nation. Covers the separate inspectorate …

Scotland care compliance quick check

Quick compliance check for Scotland care providers covering Care Inspectorate registration, SSSC workforce registration, Health and Social Care Standards, and PVG scheme …

4 more guides that reference this instrument

SSSC workforce registration for care providers in Scotland Social care registration and regulators Understanding the Care Inspectorate Scotland Social care workforce qualifications and staffing

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Regulation of Care (Scotland) Act 2001

Does it bind you?

Other Acts binding the same actors

What it requires

THE COMMISSION AND CARE SERVICES

LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.

THE COUNCIL

GENERAL PRINCIPLES

PROVISIONS COMMON TO COMMISSION AND COUNCIL

MISCELLANEOUS

GENERAL

Schedules

Help complying

Start a social care provider business

Starting a social care provider business

Registering a care service in Scotland

Operating care services across UK national borders

Scotland care compliance quick check