- Enforced by
- Care Inspectorate
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Regulated 1 of 3 obligations carry a criminal penalty. 2 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Distributor2
Any Person1
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Distributor — also bound by 182 other Acts
UK REACH Regulation (retained EU law)
44 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 lists
2 of 47 sections shown
s.004
Reference by employment agency (opens in a new tab)
Regulated
- Report prescribed information to Scottish Ministers when you stop doing business with a worker on referral groundsDistributor
s.005
Reference by employment business (opens in a new tab)
Regulated
- Report safeguarding‑related dismissals and non‑placements to MinistersDistributor
45 other sections in this Part — procedural and definitional
s.006
Reference relating to matters occurring before provisions come into force (opens in a new tab)
s.006
Reference by chief constable
s.029
Appeals and removals: application of sections 18 to 20
s.030
Notification of health regulatory bodies etc.
s.037
Offences outside Scotland
Part 2
Vetting and disclosure
1 of 47 sections shown
s.045
Personnel suppliers not to supply individuals for regulated roles without confirming scheme membership
Regulated
- Supply individual for regulated role without confirming scheme membershipAny Person
46 other sections in this Part — procedural and definitional
s.045
Duration of Scheme membership
s.045
Failure to apply for renewal of Scheme membership
s.045
Individuals must be scheme members to carry out regulated roles
s.045
Organisations not to use individuals for regulated roles without confirming scheme membership
s.045
Power to require organisations to stop using individuals for regulated roles without scheme membership
s.045
Penalties for offences relating to regulated roles by individuals not in Scheme
s.046
Notice of barred status
s.047
Offences outside Scotland
s.052
Review of vetting information in scheme record
s.052
Procedure following correction of inaccurate scheme record
s.057
Meaning of “conviction” and “protected conviction”
s.059
Withdrawal from Scheme when under consideration for listing
Part 3
Amendment of Part 5 of the Police Act 1997
0 of 4 sections shown4 other sections in this Part — procedural and definitional
Part 4
School care accommodation services
0 of 2 sections shown2 other sections in this Part — procedural and definitional
Part 5
Supplementary and general
0 of 8 sections shown8 other sections in this Part — procedural and definitional
s.084
Guidance for chief constable
Part 6
Interpretation
0 of 7 sections shown7 other sections in this Part — procedural and definitional
Part 7
Final provisions
1 of 5 sections shown4 other sections in this Part — procedural and definitional
Schedules
Schedules
0 of 115 shown115 other schedules
s.sch001
An offence falls within this paragraph if it is—
s.sch001
An individual falls within this paragraph if the individual—
s.sch002
(1) A regulated role with children is a role of...
s.sch002
Holding power or influence over a child for the purpose...
s.sch002
Providing advice or guidance to children in relation to career...
s.sch002
Being in charge of or caring for children, other than...
s.sch002
Practising as a registered medical practitioner.
s.sch002
Practising as an anaesthesia associate or physician associate pursuant to...
s.sch002
Practising as a registered nurse, midwife or health visitor.
s.sch002
Practising in a profession pursuant to registration with the Health...
s.sch002
Practising as a chiropractor pursuant to registration with the General...
s.sch002
Practising as a dentist or dental care professional pursuant to...
s.sch002
Practising as an optometrist or dispensing optician pursuant to registration...
s.sch002
Practising as an osteopath pursuant to registration with the General...
s.sch002
Practising as a pharmacist or pharmacy technician pursuant to registration...
s.sch002
(1) A role which would be a regulated role with...
s.sch002
Being engaged in the provision of a domestic service (including...
s.sch002
Carrying out an activity in an educational institution, hospital, nursery,...
s.sch002
Providing a care home service or an independent healthcare service...
s.sch002
Being engaged by or on behalf of a child with...
s.sch002
Providing counselling, therapy , advice, guidance or advocacy support in...
s.sch002
Having the ability to directly influence the operational delivery of...
s.sch002
Providing cultural, leisure, social or recreational activities for children.
s.sch002
Coaching children in relation to sports or physical activity.
s.sch002
Providing religious activities or services for children.
s.sch002
Driving or escorting children in connection with transport services provided...
s.sch002
(1) In paragraph 1(2)(b)— “contact with children”— means, in relation...
s.sch002
Holding a position of responsibility in an organisation which has...
s.sch002
In this schedule— “ care home service ” has the...
s.sch002
Ministers may by regulations amend the definition of “further education...
s.sch002
Ministers may by regulations modify this schedule as they think...
s.sch002
Regulations under paragraph 33 may disapply or otherwise modify the...
s.sch002
Acting as a foster carer in relation to the child....
s.sch002
Making decisions in relation to a child's care arrangements where...
s.sch002
Having responsibility for the safety and welfare of a child,...
s.sch002
Having the ability to directly influence decisions about the safety...
s.sch002
Teaching, instructing or delivering training to children.
s.sch002
Having the ability to directly influence the operational delivery of...
s.sch003
(1) A regulated role with adults is a role of...
s.sch003
Practising as an optometrist or dispensing optician pursuant to registration...
s.sch003
Practising as an osteopath pursuant to registration with the General...
s.sch003
Practising as a pharmacist or pharmacy technician pursuant to registration...
s.sch003
Being engaged in the provision of a domestic service (including...
s.sch003
Carrying out an activity in a hospital, hospice, care home,...
s.sch003
Being in charge of protected adults.
s.sch003
Having responsibility for the safety and welfare of a protected...
s.sch003
Having the ability to directly influence decisions about the safety...
s.sch003
Being engaged by or on behalf of a protected adult...
s.sch003
Providing support to a protected adult under a shared lives...
s.sch003
Providing counselling, therapy , advice, guidance or advocacy support in...
s.sch003
Having the ability to directly influence the operational delivery of...
s.sch003
Providing cultural, leisure, social or recreational activities for protected adults....
s.sch003
(1) A role which would be a regulated role with...
s.sch003
Coaching protected adults in relation to sports or physical activity....
s.sch003
Providing religious activities or services for protected adults.
s.sch003
Driving or escorting protected adults in connection with transport services...
s.sch003
Holding a position of responsibility in an organisation which has...
s.sch003
In this schedule— “ adult placement setting ” means a...
s.sch003
Ministers may by regulations modify this schedule as they think...
s.sch003
Regulations under paragraph 25 may disapply or otherwise modify the...
s.sch003
(1) In paragraph 1(2)(b)— “contact with protected adults”— means, in...
s.sch003
Teaching, instructing, training or supervising protected adults.
s.sch003
Providing advice or guidance to a protected adult in relation...
s.sch003
Practising as a registered medical practitioner.
s.sch003
Practising as an anaesthesia associate or physician associate pursuant to...
s.sch003
Practising as a registered nurse, midwife or health visitor.
s.sch003
Practising in a profession pursuant to registration with the Health...
s.sch003
Practising as a chiropractor pursuant to registration with the General...
s.sch003
Practising as a dentist or dental care professional pursuant to...
s.sch004
The Teaching Council (Scotland) Act 1965 is amended as follows....
s.sch004
In section 7, after subsection (2) insert—
s.sch004
In section 15, after subsection (2) insert—
s.sch004
In section 21, before the definition of “care home service”...
s.sch004
The 1995 Act is amended as follows.
s.sch004
In section 106(1)— (a) paragraphs (db) and (dc) are repealed,...
s.sch004
In section 110(1)(a), the words “, the proposal to make...
s.sch004
Section 111(3) is repealed.
s.sch004
In section 116, for subsection (2) substitute—
s.sch004
In section 118— (a) in subsection (4), for the words...
s.sch004
In section 121A(1), the words “(other than an appeal under...
s.sch004
In section 6— (a) in subsection (2C), for the words...
s.sch004
In section 173(2), the words “or (cb)” are repealed.
s.sch004
In section 175— (a) in subsection (2)—
s.sch004
Section 181(4) is repealed.
s.sch004
In section 186— (a) the words “or (cb)”, where they...
s.sch004
In section 187(1), the words “or (cb)” are repealed.
s.sch004
In section 189— (a) subsection (2A) is repealed,
s.sch004
In section 193A(1), the words “(other than by way of...
s.sch004
Part 5 of the 1997 Act is amended as follows....
s.sch004
In section 113A, after subsection (5) insert—
s.sch004
After section 113B insert— Suitability information relating to children (1) In such cases as are prescribed, an enhanced criminal...
s.sch004
In section 10B(1)(b)— (a) paragraphs (i) to (iii), and
s.sch004
Sections 113C to 113F are repealed.
s.sch004
In section 114— (a) in subsection (2), for “a Minister...
s.sch004
In section 116— (a) in subsection (2), for “a Minister...
s.sch004
In section 117, after subsection (2) insert—
s.sch004
In section 118— (a) in subsection (2A)(a), for “United Kingdom...
s.sch004
In section 119A(2), the words from “; and” to the...
s.sch004
In section 120(5)(b) for the words from “countersign” to “113B”...
s.sch004
In section 120A— (a) in subsection (3)(b), for “included in...
s.sch004
Section 121 is repealed.
s.sch004
In section 122— (a) in subsection (3)—
s.sch004
In section 11(8), for the words from “such” to “but”...
s.sch004
Before section 123 insert— Delegation of functions of Scottish Ministers...
s.sch004
In section 126(1), after the definition of “Minister of the...
s.sch004
The whole Act (other than sections 13 and 16) is...
s.sch004
Section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004...
s.sch004
Paragraph 15 of schedule 4 to the Charities and Trustee...
s.sch004
Part 2 of Schedule 2 to the Inquiries Act 2005...
s.sch004
The following provisions of the Police, Public Order and Criminal...
s.sch004
The Education (Scotland) Act 1980 is amended as follows.
s.sch004
In section 98A— (a) in subsection (5)(a)(ii), for “disqualified from...
s.sch004
In section 99(1A)— (a) in paragraph (g)(ii), for “disqualified from...
s.sch004
In section 135(1)— (a) after the definition of “attendance order”...
s.sch004
The Foster Children (Scotland) Act 1984 is amended as follows....
Help complying
Guvnor’s practical routes through this instrument.
Start a healthcare business
Launch a healthcare or social care business with CQC registration
Run a healthcare business
Ongoing compliance for CQC-registered healthcare providers covering inspections, professional registration, safeguarding, clinical governance, medicines management, and staff obligations
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 …
Operating care services across UK nations: cross-border registration and compliance
Comprehensive guide for care providers operating in more than one UK nation. Covers separate registration requirements with each devolved inspectorate, workforce portability, …
SSSC workforce registration for care providers in Scotland
How to ensure your care staff register with the Scottish Social Services Council (SSSC), including registration categories, qualification requirements, timescales, fitness to …
3 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.