| Guvnor

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.

Any Person10 Director or Officer1

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 2684 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

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 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

Simplification of public bodies

0 of 13 sections shown

13 other sections in this Part — procedural and definitional

s.001 Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland

s.002 Transfer to Scottish Natural Heritage of functions of Advisory Committee on sites of special scientific interest

s.003 Transfer to certain bodies of functions of Waterwatch Scotland

s.004 Dissolution of Scottish Records Advisory Council

s.005 Dissolution of Scottish Industrial Development Advisory Board

s.006 Dissolution of Building Standards Advisory Committee

s.007 Dissolution of Historic Environment Advisory Council for Scotland

s.008 Dissolution of Regional Boards of Scottish Environment Protection Agency

s.009 Delegation of Ministerial functions under section 7 of Industrial Development Act 1982

s.010 Delegation of Ministerial functions under section 5 of Science and Technology Act 1965

s.011 Delegation of certain functions of Forestry Commissioners under Forestry Act 1967

s.012 Forestry Commissioners: joint ventures etc.

s.013 Regulation of officers of court

Part 2

Order-making powers

2 of 17 sections shown

s.018 Preconditions Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must meet specific conditions before changing public lawsCrown / Minister / Government department

s.026 Consultation Regulated

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

s.014 Public functions: efficiency, effectiveness and economy

s.015 Public functions: further provision

s.016 Preconditions

s.017 Power to remove or reduce burdens

s.019 Order in relation to certain bodies: requirement for request and consent

s.020 Subordinate legislation and powers of direction, appointment and consent

s.021 Local taxation

s.022 Criminal penalties

s.023 Forcible entry etc.

s.024 Prohibition on modification of this Part

s.025 Procedure

s.027 Explanatory document laid before the Scottish Parliament

s.028 Combination with powers under European Communities Act 1972

s.029 Order-making powers: modifications of enactments

s.030 Interpretation of Part 2

Part 3

Information on exercise of public functions

3 of 5 sections shown

s.031 Public functions: duties to provide information on certain expenditure etc. Regulated

Other duties (1) — Crown / regulator

Listed public bodies must publish annual expenditure and salary reportsStatutory regulator

s.032 Public functions: duty to provide information on exercise of functions Regulated

Other duties (1) — Crown / regulator

Public bodies must publish annual statements on growth and efficiencyStatutory regulator

s.033 Public functions: duty to provide information on special advisers Regulated

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

s.034 Public functions: duties to provide information: further provision

s.035 Interpretation of Part 3

Part 4

Creative Scotland

3 of 8 sections shown

s.037 General functions of Creative Scotland Regulated

Other duties (1) — Crown / regulator

Creative Scotland must support and develop the arts and creative industriesStatutory regulator

s.038 Advisory and other functions Regulated

Other duties (1) — Crown / regulator

Creative Scotland must provide advice and information to Scottish MinistersStatutory regulator

s.040 Directions and guidance Regulated

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

s.036 Establishment of Creative Scotland

s.039 Grants and loans

s.041 Dissolution of Scottish Arts Council

s.042 Transfer of staff etc.

s.043 Creative Scotland: modifications of enactments

Part 5

Social care and social work: scrutiny and improvement

37 of 84 sections shown

s.045 General principles Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must protect service users and promote good practiceStatutory regulator

s.050 Standards and outcomes Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish and review care service standardsCrown / Minister / Government department

s.051 Information and advice Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must provide information and advice to social servicesStatutory regulator

s.054 Inspections under section 53: best regulatory practice Regulated

Other duties (1) — Crown / regulator

SCSWIS must plan and carry out inspections following best practiceStatutory regulator

s.055 Inspections at request of Scottish Ministers Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must conduct inspections requested by Scottish MinistersStatutory regulator

s.056 Inspections: authorised persons Regulated

Other duties (1) — Crown / regulator

Care Inspectorate (SCSWIS) authorised persons may enter and inspect premisesStatutory regulator

s.057 Inspections: reports Regulated

Other duties (1) — Crown / regulator

SCSWIS must provide draft and final inspection reports to service providersStatutory regulator

s.058 Regulations: inspections Prosecution

Breach of inspection regulationsAny Person

Fine up to £2,500

s.060 Grant or refusal of registration Regulated

Display your care service registration certificate prominentlyAny Person

s.071 Further provision as respects notice of proposals Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must provide notice and reasons for registration proposalsStatutory regulator

s.073 Notice of SCSWIS's decision under Chapter 3 Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must notify applicants of registration decisionsStatutory regulator

s.076 Registration fees Regulated

Other duties (1) — Crown / regulator

SCSWIS must charge fees for registrations and certificatesStatutory regulator

s.078 Regulations: care services Prosecution

Breach care service regulations or registration conditionsAny Person

Unlimited fine

s.078 Identification of Essential Care Supporter Regulated

Identify and record an Essential Care Supporter for every residentAny Person

s.078 Right to visits: care home residents Regulated

Facilitate care home visits and minimise suspension of visiting rightsAny Person

s.078 Code of practice on care home residents’ right to visits Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish and review code on care home visitsCrown / Minister / Government department

s.078 Review of operation of duties imposed in accordance with sections 78B to 78D Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must report on care home visiting rightsCrown / Minister / Government department

s.079 Complaints about care services Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must provide a procedure for complaints about care servicesStatutory regulator

s.080 Offences in relation to registration under Chapter 3 Imprisonment

Operating an unregistered care service or faking registrationAny Person

s.081 False statements in application under Chapter 3 Prosecution

Provide false information in a registration applicationAny Person

Fine up to £2,500

s.082 Offences by bodies corporate etc. Prosecution

Personal liability for directors and officers for corporate offencesDirector or Officer

Unlimited fine

s.082 Review of duty on care service providers to ensure appropriate staffing Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must review effectiveness of staffing dutiesStatutory regulator

s.082 Duty to consider multi-disciplinary staffing tools Regulated

Other duties (1) — Crown / regulator

SCSWIS must consider multi-disciplinary use when developing staffing toolsStatutory regulator

s.083 Local authority applications for registration under Chapter 4 Regulated

Other duties (1) — Crown / regulator

Local authorities must register specific care services with SCSWISLocal authority

s.084 Grant of local authority application under Chapter 4 Prosecution

Display your care service registration certificate on the premisesAny Person

Fine up to £500

s.088 Notice of SCSWIS's decision under Chapter 4 Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must notify local authorities of care service decisionsStatutory regulator

s.095 Duty of SCSWIS to consult Scottish Social Services Council Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must consult the Social Services Council where appropriateStatutory regulator

s.096 Duty of SCSWIS to consult the Mental Welfare Commission for Scotland Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must consult the Mental Welfare Commission on guidanceStatutory regulator

s.097 Complaints procedure Regulated

Other duties (1) — Crown / regulator

Care Inspectorate must establish and publish a complaints procedureStatutory regulator

s.099 Arrangements entered into by local authority or health body: services to be registered Regulated

Other duties (1) — Crown / regulator

Local authorities and health bodies must ensure care services are registeredLocal authority

s.100 Local authorities and health bodies: awareness of SCSWIS reports etc. Regulated

Other duties (1) — Crown / regulator

Local authorities and health bodies must review Care Inspectorate reportsLocal authority

amended 2 times (opens in a new tab)

s.101 Giving of notice

amended 6 times (opens in a new tab)

s.102 Transfer of staff etc.

amended 2 times (opens in a new tab)

s.104 Orders and regulations: procedure

amended 6 times (opens in a new tab)

s.105 Interpretation of Part 5

amended 14 times (opens in a new tab)

s.106 Minor and consequential amendments and repeals: SCSWIS

amended 2 times (opens in a new tab)

s.107 Minor modifications: Scottish Social Services Council

amended 1 time (opens in a new tab)

47 other sections in this Part — procedural and definitional

s.044 Social Care and Social Work Improvement Scotland

s.046 Social services

s.047 Care services

s.048 Social work services

s.049 Power to modify key definitions

s.052 Dissolution of Scottish Commission for the Regulation of Care

s.053 Inspections

s.053 Inspections of care homes

s.057 Assistance in inspections from Healthcare Improvement Scotland

s.059 Registration of care services

s.059 Further provision in relation to registration of certain care services

s.061 Limited registration

s.062 Improvement notices: care services

s.063 Special provision for certain care services provided by local authorities

s.063 Emergency power to direct care home service during coronavirus pandemic

s.063 Power to act where section 63A direction not complied with

s.064 Cancellation of registration

s.065 Emergency cancellation of registration

s.065 Care homes: emergency intervention orders

s.065 Further provision in relation to emergency intervention orders

s.066 Condition notices

s.067 Emergency condition notices

s.068 Application of Part to condition notices following emergency condition notices

s.069 Emergency condition notices: appeals

s.070 Applications under Chapter 3 in respect of conditions

s.072 Right to make representations to SCSWIS as respects proposals under Chapter 3

s.074 Conditions as to numbers

s.075 Appeal against decision to implement proposal

s.077 Regulations: registers and registration

s.078 Further provision to be made in connection with section 78C

s.078 Interpretation of sections 78B to 78E

s.079 Reporting on coronavirus deaths in care homes

s.082 Development of staffing methods

s.082 Regulations: requirement to use staffing methods

s.082 Review and redevelopment of staffing methods

s.082 Interpretation of Chapter

s.085 Condition notices: services registered under Chapter 4

s.086 Applications under Chapter 4 in respect of conditions

s.087 Right to make representations to SCSWIS under Chapter 4 as respects conditions

s.089 Appeal against decision under Chapter 4

s.090 Offences under Chapter 4

s.091 Report to Scottish Ministers

s.092 Default powers of Scottish Ministers

s.093 Grants to SCSWIS

s.094 Guarantees

s.098 Inquiries

s.103 Transfer of staff: further provision

Part 6

Health care: scrutiny and improvement

3 of 3 sections shown

s.108 Healthcare Improvement Scotland

amended 7 times (opens in a new tab)

s.109 Transfer of staff etc. to Healthcare Improvement Scotland

amended 2 times (opens in a new tab)

s.110 Healthcare Improvement Scotland: constitution, etc.

amended 5 times (opens in a new tab)

Part 7

The Mental Welfare Commission for Scotland

1 of 1 section shown

s.111 The Mental Welfare Commission for Scotland

amended 3 times (opens in a new tab)

Part 8

Scrutiny and complaints

9 of 9 sections shown

s.112 Scrutiny: user focus

amended 1 time (opens in a new tab)

s.113 User focus: guidance etc. Regulated

Other duties (1) — Crown / regulator

Listed scrutiny authorities must follow Scottish Ministers' user focus guidanceStatutory regulator

amended 1 time (opens in a new tab)

s.114 Scrutiny: duty of co-operation

amended 8 times (opens in a new tab)

s.115 Joint inspections Regulated

Other duties (1) — Crown / regulator

Specified regulators must conduct joint inspections of servicesStatutory regulator

amended 7 times (opens in a new tab)

s.116 Participation in joint inspections

amended 2 times (opens in a new tab)

s.116 Joint inspections of social services and health services

amended 2 times

s.117 Regulations relating to joint inspections Prosecution

Obstruct or fail to cooperate with a joint inspectionAny Person

Fine up to £2,500 · amended 3 times (opens in a new tab)

s.118 Amendment of Public Finance and Accountability (Scotland) Act 2000

amended 1 time (opens in a new tab)

s.119 Complaints handling procedures Regulated

Establish and maintain a compliant complaints handling procedureAny Person

amended 1 time (opens in a new tab)

Part 9

Charities

9 of 9 sections shown

s.120 Information to appear on charity websites

amended 1 time (opens in a new tab)

s.121 Variation, revocation and review of directions

amended 1 time (opens in a new tab)

s.122 Powers of Court of Session: deemed removal of persons

amended 1 time (opens in a new tab)

s.123 Delegation of functions

amended 1 time (opens in a new tab)

s.124 Reorganisation of charities

amended 1 time (opens in a new tab)

s.125 Reorganisation of restricted funds

amended 2 times (opens in a new tab)

s.126 Appointment of charity trustees

amended 1 time (opens in a new tab)

s.127 Charity trustees' indemnity insurance

amended 1 time (opens in a new tab)

s.128 Interpretation of Part 9

amended 1 time (opens in a new tab)

Part 10

Miscellaneous and general

3 of 6 sections shown

s.129 Local Government (Scotland) Act 1973: minor amendment

amended 1 time (opens in a new tab)

s.130 Consultation by water and sewerage services providers

amended 1 time (opens in a new tab)

s.131 Complaints about water services and sewerage services providers

amended 1 time (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.132 Ancillary provision

s.133 Orders and regulations: Parts 8 and 10

s.134 Short title and commencement

Schedules

3 of 272 shown

s.020 Scrutiny functions: persons etc. subject to duty of co-operation Regulated

Other duties (1) — Crown / regulator

Listed scrutiny bodies must cooperate and coordinate their workStatutory regulator

s.sch003 Dissolution of Waterwatch Scotland: arrangements for staff, property etc. Regulated

Other duties (1) — Crown / regulator

Convener must specify whether remaining Waterwatch staff transfer to SPSO or NCCCrown / Minister / Government department

s.sch019 Scrutiny functions: persons etc. subject to user focus duty Regulated

Other duties (1) — Crown / regulator

Listed scrutiny bodies must focus on the needs of service usersStatutory regulator

269 other schedules

s.001 Deer Commission for Scotland: modifications of enactments

s.002 Transfer of Waterwatch Scotland functions: modifications of enactments

s.005 Improvement of public functions: listed bodies

s.006 Part 2 order-making powers (request and consent): listed bodies

s.007 Order-making powers: modifications of enactments

s.011 Social Care and Social Work Improvement Scotland: establishment etc.

s.012 Care services: definitions

s.013 Social work services functions: specified enactments

s.014 Social Care and Social Work Improvement Scotland: modifications of enactments

s.015 Scottish Social Services Council: modifications of Regulation of Care (Scotland) Act 2001

s.017 Healthcare Improvement Scotland: modifications of enactments

s.018 The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

s.sch001 The Natural Heritage (Scotland) Act 1991 is amended as follows....

s.sch001 In section 3 (power to facilitate exercise of functions)—

s.sch001 In section 4 (appointment of panels)— (a) in subsection (1),...

s.sch001 In section 5 (close seasons)— (a) in subsection (3), for...

s.sch001 In section 7 (control agreements)— (a) in subsection (1)—

s.sch001 In section 8 (control schemes)— (a) in subsection (1)—

s.sch001 In section 9 (recovery of control scheme expenses)—

s.sch001 In section 10 (emergency measures)— (a) in subsection (1)—

s.sch001 In section 11 (application of section 10 in relation to...

s.sch001 In section 12 (power to provide services and equipment etc.)—...

s.sch001 In section 15 (power to enter on land), in subsection...

s.sch001 In section 1 (establishment of Scottish Natural Heritage)—

s.sch001 In section 16 (service of notices), in subsection (5), for...

s.sch001 In section 18 (taking or killing deer at night), in...

s.sch001 In section 37 (restrictions on granting certain authorisations)—

s.sch001 In section 39 (disposal of deer killed under authority), for...

s.sch001 In section 40 (returns of number of deer killed), in...

s.sch001 Section 46 (financial provisions) is repealed.

s.sch001 (1) Schedule 1 (Deer Commission for Scotland: supplementary provisions) is...

s.sch001 In Schedule 2 (control schemes), in paragraph 1—

s.sch001 In schedule 3 to the Ethical Standards in Public Life...

s.sch001 In schedule 2 to the Scottish Public Services Ombudsman Act...

s.sch001 In section 2 (general functions of SNH), in subsection (1)—...

s.sch001 In schedule 1 to the Freedom of Information (Scotland) Act...

s.sch001 In schedule 2 to the Public Appointments and Public Bodies...

s.sch001 In section 3 (duty to take account of certain matters),...

s.sch001 The Deer (Scotland) Act 1996 is amended as follows.

s.sch001 For “the Commission” and “the Commission's”, wherever those words occur...

s.sch001 For the title of Part 1 substitute “ Scottish Natural...

s.sch001 (1) Section 1 (the Deer Commission for Scotland) is amended...

s.sch001 In section 2 (advice and annual reports)—

s.sch002 The Water Industry (Scotland) Act 2002 is amended as follows....

s.sch002 In section 29B (determination of maximum charges), in subsection (4)(a),...

s.sch002 In section 29D(5) (statements regarding charges), for paragraph (b) substitute—...

s.sch002 In section 56A (directions may set objectives), in subsection (4),...

s.sch002 In section 57 (information and reports), in subsection (6)(a), for...

s.sch002 In section 19 of the Water Services etc. (Scotland) Act...

s.sch002 The Consumers, Estate Agents and Redress Act 2007 is amended...

s.sch002 In section 2 (the territorial committees), in subsection (1)(a)—

s.sch002 After section 7 (annual report), insert— Annual report on Scottish...

s.sch002 After section 20 (duty to enter into co-operation arrangements) insert—...

s.sch002 In section 24(9) (provision of information to the Council), after...

s.sch002 After section 2 (Water Customer Consultation Panels) insert— National Consumer...

s.sch002 In section 25 (enforcement by regulator of Council notice requiring...

s.sch002 The enactments referred to in the first column of the...

s.sch002 In section 4 (power of the Commission to require information)...

s.sch002 In section 5 (annual reports by, and information from, the...

s.sch002 In section 6 (funding of the Commission), after subsection (2)...

s.sch002 In the title to section 6 (funding of the Commission),...

s.sch002 In the title to Part 1 (Water Industry Commission and...

s.sch002 In section 27 (approval of customer standards code)—

s.sch002 In section 28 (consultation code), in subsection (3)(a)—

s.sch003 With effect from the date on which section 3 comes...

s.sch003 (1) With effect from the date on which section 3...

s.sch003 (1) This paragraph applies to any person who—

s.sch003 The contract of employment of a person transferred by virtue...

s.sch003 Without prejudice to paragraph 4, where a person is transferred—...

s.sch003 Paragraphs 1 to 5 do not affect any right of...

s.sch003 (1) With effect from the date on which section 3(1)...

s.sch003 (1) This paragraph applies in relation to any complaint (“an...

s.sch004 Regulation of officers of court: modifications of enactments

s.sch004 Part 5 of the Debtors (Scotland) Act 1987 is amended...

s.sch004 For the title of Part 3 (“Enforcement”) substitute “ Officers...

s.sch004 (1) In section 51 (information and annual report)—

s.sch004 In section 53 (published information not to enable identification)—

s.sch004 (1) In section 61 (regulation of judicial officers)—

s.sch004 (1) In section 62 (duty to notify Commission of bankruptcy...

s.sch004 (1) In section 63 (judicial officers' professional association)—

s.sch004 After section 63 insert— Code of practice (1) The professional association— (a) must prepare and publish a...

s.sch004 (1) In section 64 (duty of professional association to forward...

s.sch004 In section 65 (information from professional association)—

s.sch004 After section 65 insert— Annual fee for officers of court...

s.sch004 In section 75 (regulation of organisation, training, conduct and procedure...

s.sch004 (1) In section 66 (inspection of judicial officer)—

s.sch004 (1) In section 75 (judicial officer's action void where officer...

s.sch004 In section 77 (effect of code of practice)—

s.sch004 In section 78 (electronic publications and communications) the words “admission...

s.sch004 (1) In the provisions listed in sub-paragraph (2) for “judicial...

s.sch004 In— (a) sections 117(4), 121(1), 139(1)(c), 157(1)(b) and 183(1)(a), and...

s.sch004 In section 128(1) (interpretation of Chapter 2 of Part 4),...

s.sch004 In section 145(1) (interpretation of Chapter 3 of Part 4),...

s.sch004 In section 178(1) (presumption of ownership), for “A judicial officer”...

s.sch004 In section 198(1) (interpretation of Part 8), after the definition...

s.sch004 In section 76 (Advisory Council on Messengers-at Arms and Sheriff...

s.sch004 In section 221 (interpretation), after the definition of “electronic communication”...

s.sch004 In schedule 5 (minor and consequential amendments), in sub-sub-paragraph (c)...

s.sch004 In Part 1 of schedule 6 (repeals and revocations), in...

s.sch004 The enactments mentioned in the first column of the following...

s.sch004 In section 79 (investigation of alleged misconduct)—

s.sch004 In section 80 (courts' powers in relation to offences or...

s.sch004 In section 81 (provisions supplementary to section 80)—

s.sch004 (1) In section 82 (appeals from certain decisions)—

s.sch004 After section 86 insert— Electronic communications In this Part, any reference to an admission in writing...

s.sch004 The Bankruptcy and Diligence etc. (Scotland) Act 2007 is amended...

s.sch005 The Scottish Ministers Any other office-holder in the Scottish Administration...

s.sch005 Accounts Commission for Scotland ... Architecture and Design Scotland Bòrd...

s.sch005 Forestry Commissioners

s.sch006 Commissioner for Ethical Standards in Public Life in Scotland Commissioner...

s.sch007 (1) The Deregulation and Contracting Out Act 1994 is amended...

s.sch007 In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland)...

s.sch008 Information on exercise of public functions: listed public bodies

s.sch008 The Scottish Ministers Accountant in Bankruptcy Accounts Commission for Scotland...

s.sch009 Creative Scotland: establishment etc.

s.sch009 (1) Creative Scotland is a body corporate.

s.sch009 (1) Creative Scotland may do anything which appears to be...

s.sch009 (1) Creative Scotland may, subject to sub-paragraphs (2) and (3),...

s.sch009 Creative Scotland's determination of the location of its office premises...

s.sch009 (1) Creative Scotland must— (a) keep proper accounts and accounting...

s.sch009 (1) As soon as practicable after the end of each...

s.sch009 (1) Creative Scotland is to consist of the following members—...

s.sch009 (1) Each member of Creative Scotland is to be appointed...

s.sch009 The Scottish Ministers may, by written notice, remove a member...

s.sch009 A person is disqualified from appointment, and from holding office,...

s.sch009 Creative Scotland must pay to each of its members such—...

s.sch009 (1) Creative Scotland is to employ a chief executive.

s.sch009 (1) Creative Scotland may establish committees for any purpose relating...

s.sch009 (1) Creative Scotland may determine its own procedure and that...

s.sch010 Creative Scotland: modifications of enactments

s.sch010 In the Ethical Standards in Public Life etc. (Scotland) Act...

s.sch010 In the Scottish Public Services Ombudsman Act 2002, in schedule...

s.sch010 In the Freedom of Information (Scotland) Act 2002, in schedule...

s.sch010 In the Public Appointments and Public Bodies etc. (Scotland) Act...

s.sch011 (1) Social Care and Social Work Improvement Scotland is a...

s.sch011 (1) SCSWIS may determine its own procedure and that of...

s.sch011 (1) SCSWIS may do anything which appears to be necessary...

s.sch011 (1) SCSWIS may, subject to sub-paragraphs (2) and (3), authorise—...

s.sch011 SCSWIS's determination of the location of its office premises is...

s.sch011 (1) SCSWIS must— (a) keep proper accounts and accounting records,...

s.sch011 (1) As soon as practicable after the end of each...

s.sch011 (1) SCSWIS is to consist of the following members—

s.sch011 (1) In appointing members, the Scottish Ministers are to have...

s.sch011 (1) Each member of SCSWIS is to be appointed for...

s.sch011 The Scottish Ministers may, by written notice, remove a member...

s.sch011 A person is disqualified from appointment, and from holding office,...

s.sch011 SCSWIS must pay to each of its members such—

s.sch011 (1) SCSWIS is to employ a chief executive.

s.sch011 (1) SCSWIS may establish committees for any purpose relating to...

s.sch012 (1) A “support service” is a service provided, by reason...

s.sch012 The services mentioned— (a) in paragraph 9(a) and (b) and...

s.sch012 An “adult placement service” is a service which consists of,...

s.sch012 (1) “Child minding” means, subject to sub-paragraphs (2) and (3)...

s.sch012 “Day care of children” means, subject to paragraphs 14(b) to...

s.sch012 For the purposes of— (a) paragraph 12(1), a person does...

s.sch012 (1) Where a person provides a service for children in...

s.sch012 For the purposes of paragraph 13, a service which consists...

s.sch012 For the purposes of paragraph 13, a person does not...

s.sch012 Expressions used in paragraph 2(b), 3 or 17 have the...

s.sch012 A “housing support service” is a service which provides support,...

s.sch012 A “child contact service” is a service which has as...

s.sch012 A “care home service” is a service which provides accommodation,...

s.sch012 In this schedule, unless the context otherwise requires— “someone who...

s.sch012 (1) A “school care accommodation service” is a service which—...

s.sch012 A “nurse agency” is a service which consists of or...

s.sch012 (1) A “child care agency” is a service which consists...

s.sch012 A “secure accommodation service” is a service which—

s.sch012 An “offender accommodation service” is a service which consists of...

s.sch012 (1) An “adoption service” is any service which is—

s.sch012 A “fostering service” is a service which is provided by—...

s.sch013 Part 4 of the Children and Young Persons (Scotland) Act...

s.sch014 In schedule 3 to the Ethical Standards in Public Life...

s.sch014 In section 65 (inquiries)— (a) in subsection (1)—

s.sch014 In Part 2 of schedule 2 to the Scottish Public...

s.sch014 In the Public Appointments and Public Bodies etc. (Scotland) Act...

s.sch014 The Mental Health (Care and Treatment) (Scotland) Act 2003 is...

s.sch014 In section 7 (duty to bring matters generally to the...

s.sch014 In section 8(3) (duty to bring specific matters to the...

s.sch014 In section 9(2) (duty to give advice), for paragraph (e)...

s.sch014 In section 17(2) (duties of Scottish Ministers, local authorities and...

s.sch014 In section 34(3) (inquiries under section 33: co-operation), for paragraph...

s.sch014 The Adult Support and Protection (Scotland) Act 2007 is amended...

s.sch014 The Regulation of Care (Scotland) Act 2001 is amended as...

s.sch014 In section 5(1) (co-operation), for paragraph (b) substitute—

s.sch014 In section 42(3) (Adult Protection Committees), for paragraph (b) substitute—...

s.sch014 In section 43 (membership)— (a) in subsection (2), for “the...

s.sch014 In section 44(2)(c) (Adult Protection Committee procedure), for “the Care...

s.sch014 In section 45(2)(d) (duty to provide information to Adult Protection...

s.sch014 In section 46(b)(v) (biennial report), for “the Care Commission” substitute...

s.sch014 In section 53(1) (interpretation of Part 1)—

s.sch014 The Protection of Vulnerable Groups (Scotland) Act 2007 is amended...

s.sch014 In section 8 (provision of prescribed information to the Scottish...

s.sch014 In section 17(5)(c) (information relevant to listing decisions)—

s.sch014 In section 53(2)(b) (codes of practice), for “the Commission” substitute...

s.sch014 In section 19 (information held by public bodies etc.), in...

s.sch014 In section 30(7) (notice of listing, etc)—

s.sch014 In section 73(d) (consideration of suitability), for the words “the...

s.sch014 In section 94 (meaning of “protected child”)—

s.sch014 In section 97(1) (general interpretation)— (a) after the definition of...

s.sch014 In schedule 2 (regulated work with children)—

s.sch014 In schedule 3 (regulated work with adults)—

s.sch014 The enactments mentioned in the first column of the following...

s.sch014 In section 59 (general principles)— (a) in subsection (1) the...

s.sch014 In section 60 (grants)— (a) in subsection (1), the words...

s.sch014 In section 61 (guarantees)— (a) in subsection (1), the words...

s.sch014 In section 62 (duty of consultation)— (a) the words “Commission...

s.sch014 In section 63 (guidance as to consultation)—

s.sch014 In section 64 (complaints procedure)— (a) in subsection (1)—

s.sch015 Part 3 of the Regulation of Care (Scotland) Act 2001...

s.sch015 In section 53 (codes of practice)— (a) after subsection (3)...

s.sch015 In section 64 (complaints procedures)— (a) in subsection (2)—

s.sch015 In section 46 (grant or refusal of registration under Part...

s.sch015 In section 47 (variation etc. of conditions in relation to...

s.sch015 In section 48 (right to make representations to Council as...

s.sch015 In the heading to section 48, for “proposal” substitute “...

s.sch015 In section 49 (removal etc. from the Council's register), in...

s.sch015 In section 50 (notice of Council's decision)—

s.sch015 In the heading to section 50, at the end, add...

s.sch015 In section 51 (appeal against decision of Council)—

s.sch016 Healthcare Improvement Scotland: establishment etc.

s.sch016 After Schedule 5 to the National Health Service (Scotland) Act...

s.sch017 The National Health Service (Scotland) Act 1978 is amended as...

s.sch017 In section 78A (powers in case of service failure)—

s.sch017 In section 79 (purchase of land and moveable property), in...

s.sch017 In section 83 (power of Health Boards and local health...

s.sch017 In section 84 (power of trustees to make payments to...

s.sch017 In section 84A (power to raise money, etc. by appeals,...

s.sch017 In section 85AA (means of meeting expenditure of Health Boards...

s.sch017 In section 85 (expenses of certain bodies)—

s.sch017 In section 85A (financial duties of bodies referred to in...

s.sch017 In section 85B (schemes for meeting losses and liabilities etc....

s.sch017 In section 86 (accounts of Health Boards and the Agency)—...

s.sch017 In section 2A (duty of Health Boards and others to...

s.sch017 In section 87 (regulation of financial arrangements of Health Boards)—...

s.sch017 In section 105 (orders, regulations and directions), in subsection (3)—...

s.sch017 In section 108 (interpretation and construction), after the definition of...

s.sch017 In the National Health Service and Community Care Act 1990,...

s.sch017 In schedule 3 to the Ethical Standards in Public Life...

s.sch017 In Part 1 of schedule 2 to the Scottish Public...

s.sch017 In the Public Appointments and Public Bodies etc. (Scotland) Act...

s.sch017 The Mental Health (Care and Treatment) (Scotland) Act 2003 is...

s.sch017 In section 7 (duty to bring matters generally to the...

s.sch017 In section 8(3) (duty to bring specific matters to the...

s.sch017 In the title to that section, for “and the Agency”...

s.sch017 In section 9(2) (duty to give advice), after paragraph (d)...

s.sch017 In section 17(2) (duties of Scottish Ministers, local authorities and...

s.sch017 In section 34(3) (inquiries under section 33: co-operation), after paragraph...

s.sch017 In section 30 of the Smoking, Health and Social Care...

s.sch017 In section 13 of the Human Tissue (Scotland) Act 2006...

s.sch017 In the Adult Support and Protection (Scotland) Act 2007—

s.sch017 In the Protection of Vulnerable Groups (Scotland) Act 2007—

s.sch017 In the Public Health etc. (Scotland) Act 2008—

s.sch017 In section 2D (equal opportunities), in subsection (1), for “and...

s.sch017 In section 13 (co-operation between Health Boards and other authorities),...

s.sch017 In section 13A (co-operation in planning of services for disabled...

s.sch017 In section 15 (supply of goods and services to local...

s.sch017 In section 17A (NHS contracts), after subsection (2)(b) insert—

s.sch017 In section 77 (default powers), in subsection (1)—

s.sch018 In section 326(4)(a) of the Mental Health (Care and Treatment)...

s.sch018 Schedule 1 to that Act is amended as follows.

s.sch018 Paragraphs 3, 4 and 5 are repealed.

s.sch018 After paragraph 2 insert— Membership (1) The Commission is to consist of the following members—...

s.sch018 In paragraph 7— (a) in sub-paragraph (1), after “below” insert...

s.sch018 In the title to paragraph 7, for “officer” substitute “...

s.sch018 After paragraph 7 insert— Commission Visitors (1) The Commission must appoint such staff, employed under paragraph...

s.sch018 Paragraph 8 is repealed.

s.sch018 After paragraph 10 insert— Transitional provision: first chief executive (1) The person who, immediately before the coming into force...

s.sch019 Accounts Commission for Scotland Drinking Water Quality Regulator for Scotland...

s.sch020 Accounts Commission for Scotland Food Standards Scotland Healthcare Improvement Scotland...

Help complying

Guvnor’s practical routes through this instrument.

Start a healthcare business

Launch a healthcare or social care business with CQC registration

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, …

Compare healthcare regulation across the UK nations

Health and social care regulation is devolved, so each nation has its own regulator, legislation and registration process. Providing a regulated service …

Compare the care regulators in Scotland, Wales and Northern Ireland

Scotland, Wales and Northern Ireland each regulate care under their own law, through the Care Inspectorate, Care Inspectorate Wales and RQIA. They …

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 …

Register with the Care Inspectorate Scotland

If you plan to provide a care service in Scotland, you must register with the Care Inspectorate before you start, and running …

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 …

Run care services across UK nations

Each UK nation has its own care inspectorate, legislation and quality framework, so registration in one does not cover another. To provide …

Understanding the Care Inspectorate Scotland

The Care Inspectorate registers, inspects and enforces standards for around 12,000 care services in Scotland, from childminders to care homes, while Healthcare …

2 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.

Public Services Reform (Scotland) Act 2010

Does it bind you?

Other Acts binding the same actors

What it requires

Simplification of public bodies

Order-making powers

Information on exercise of public functions

Creative Scotland

Social care and social work: scrutiny and improvement

Health care: scrutiny and improvement

The Mental Welfare Commission for Scotland

Scrutiny and complaints

Charities

Miscellaneous and general

Schedules

Help complying

Start a healthcare business

Start a social care provider business

Respond to a CQC investigation or enforcement action

Starting a social care provider business

Registering a care service in Scotland

Responding to Care Inspectorate Scotland enforcement

Compare healthcare regulation across the UK nations

Compare the care regulators in Scotland, Wales and Northern Ireland

Meet Scotland's Health and Social Care Standards

Register with the Care Inspectorate Scotland

Responding to Care Inspectorate enforcement action in Scotland

Run care services across UK nations

Understanding the Care Inspectorate Scotland