- Enforced by
- NatureScot, Care Inspectorate, OSCR
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 3 of 46 obligations carry a fine up to £2,500. 4 carry different penalties and 39 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 35 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.
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
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.
Simplification of public bodies
0 of 13 sections shown13 other sections in this Part — procedural and definitional
Order-making powers
2 of 17 sections shownOther duties (1) — Crown / regulator
- Scottish Ministers must meet specific conditions before changing public lawsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consult before making orders under sections 14 or 17Crown / Minister / Government department
15 other sections in this Part — procedural and definitional
Information on exercise of public functions
3 of 5 sections shownOther duties (1) — Crown / regulator
- Listed public bodies must publish annual expenditure and salary reportsStatutory regulator
Other duties (1) — Crown / regulator
- Public bodies must publish annual statements on growth and efficiencyStatutory regulator
Other duties (1) — Crown / regulator
- Scottish Ministers must publish annual spending on special advisersCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
Creative Scotland
3 of 8 sections shownOther duties (1) — Crown / regulator
- Creative Scotland must support and develop the arts and creative industriesStatutory regulator
Other duties (1) — Crown / regulator
- Creative Scotland must provide advice and information to Scottish MinistersStatutory regulator
Other duties (1) — Crown / regulator
- Creative Scotland must comply with directions and guidance from MinistersStatutory regulator
5 other sections in this Part — procedural and definitional
Social care and social work: scrutiny and improvement
37 of 84 sections shownOther duties (1) — Crown / regulator
- Care Inspectorate must protect service users and promote good practiceStatutory regulator
Other duties (1) — Crown / regulator
- Scottish Ministers must publish and review care service standardsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Care Inspectorate must provide information and advice to social servicesStatutory regulator
Other duties (1) — Crown / regulator
- SCSWIS must plan and carry out inspections following best practiceStatutory regulator
Other duties (1) — Crown / regulator
- Care Inspectorate must conduct inspections requested by Scottish MinistersStatutory regulator
Other duties (1) — Crown / regulator
- Care Inspectorate (SCSWIS) authorised persons may enter and inspect premisesStatutory regulator
Other duties (1) — Crown / regulator
- SCSWIS must provide draft and final inspection reports to service providersStatutory regulator
- Breach of inspection regulationsAny Person
Fine up to £2,500
- Display your care service registration certificate prominentlyAny Person
Other duties (1) — Crown / regulator
- Care Inspectorate must provide notice and reasons for registration proposalsStatutory regulator
Other duties (1) — Crown / regulator
- Care Inspectorate must notify applicants of registration decisionsStatutory regulator
Other duties (1) — Crown / regulator
- SCSWIS must charge fees for registrations and certificatesStatutory regulator
- Breach care service regulations or registration conditionsAny Person
Unlimited fine
- Identify and record an Essential Care Supporter for every residentAny Person
- Facilitate care home visits and minimise suspension of visiting rightsAny Person
Other duties (1) — Crown / regulator
- Scottish Ministers must publish and review code on care home visitsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must report on care home visiting rightsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Care Inspectorate must provide a procedure for complaints about care servicesStatutory regulator
- Operating an unregistered care service or faking registrationAny Person
- Provide false information in a registration applicationAny Person
Fine up to £2,500
- Personal liability for directors and officers for corporate offencesDirector or Officer
Unlimited fine
Other duties (1) — Crown / regulator
- Care Inspectorate must review effectiveness of staffing dutiesStatutory regulator
Other duties (1) — Crown / regulator
- SCSWIS must consider multi-disciplinary use when developing staffing toolsStatutory regulator
Other duties (1) — Crown / regulator
- Local authorities must register specific care services with SCSWISLocal authority
- Display your care service registration certificate on the premisesAny Person
Fine up to £500
Other duties (1) — Crown / regulator
- Care Inspectorate must notify local authorities of care service decisionsStatutory regulator
Other duties (1) — Crown / regulator
- Care Inspectorate must consult the Social Services Council where appropriateStatutory regulator
Other duties (1) — Crown / regulator
- Care Inspectorate must consult the Mental Welfare Commission on guidanceStatutory regulator
Other duties (1) — Crown / regulator
- Care Inspectorate must establish and publish a complaints procedureStatutory regulator
Other duties (1) — Crown / regulator
- Local authorities and health bodies must ensure care services are registeredLocal authority
Other duties (1) — Crown / regulator
- Local authorities and health bodies must review Care Inspectorate reportsLocal authority
47 other sections in this Part — procedural and definitional
Health care: scrutiny and improvement
3 of 3 sections shownThe Mental Welfare Commission for Scotland
1 of 1 section shownScrutiny and complaints
9 of 9 sections shownOther duties (1) — Crown / regulator
- Listed scrutiny authorities must follow Scottish Ministers' user focus guidanceStatutory regulator
Other duties (1) — Crown / regulator
- Specified regulators must conduct joint inspections of servicesStatutory regulator
amended 2 times
- Obstruct or fail to cooperate with a joint inspectionAny Person
Fine up to £2,500 · amended 3 times (opens in a new tab)
- Establish and maintain a compliant complaints handling procedureAny Person
Charities
9 of 9 sections shownMiscellaneous and general
3 of 6 sections shown3 other sections in this Part — procedural and definitional
Schedules
3 of 272 shownOther duties (1) — Crown / regulator
- Listed scrutiny bodies must cooperate and coordinate their workStatutory regulator
Other duties (1) — Crown / regulator
- Convener must specify whether remaining Waterwatch staff transfer to SPSO or NCCCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Listed scrutiny bodies must focus on the needs of service usersStatutory regulator
269 other schedules
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, …
Respond to a CQC investigation or enforcement action
What to do if your healthcare or social care service faces CQC enforcement action. Covers understanding the type and severity of action, …
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 …
Responding to Care Inspectorate Scotland enforcement
What to do when the Care Inspectorate takes enforcement action against your care service in Scotland. Covers improvement notices, conditions on registration, …
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 …
Care Inspectorate Scotland inspection preparation checklist
Checklist for Care Inspectorate inspection readiness covering documentation, staff training records, care plans, Health and Social Care Standards evidence, premises, environment, and …
Devolved care inspectorates: quick comparison reference
Quick-lookup reference comparing the three devolved care inspectorates: Care Inspectorate (Scotland), CIW (Wales), and RQIA (Northern Ireland). Covers registration, fees, grading systems, …
Healthcare regulation across the UK nations
Comparison reference for healthcare regulation in England (CQC), Scotland (HIS and Care Inspectorate), Wales (HIW and CIW), and Northern Ireland (RQIA). Covers …
Meet Scotland's Health and Social Care Standards
How to meet Scotland's Health and Social Care Standards (My support, my life), covering the five headline standards, self-assessment approaches, evidence of …
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, …
Register with the Care Inspectorate Scotland
Step-by-step guide to registering a care service with the Care Inspectorate Scotland under the Public Services Reform (Scotland) Act 2010, including application …
Responding to Care Inspectorate enforcement action in Scotland
What to do when the Care Inspectorate imposes conditions, issues improvement notices, or initiates cancellation of your registration, including your rights of …
Understanding the Care Inspectorate Scotland
Comprehensive explainer of how the Care Inspectorate Scotland operates, its regulatory model under the Public Services Reform (Scotland) Act 2010, how it …
6 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.