What this covers
Why you need it
The Scottish Parliament created it. The power to require it comes from Public Services Reform (Scotland) Act 2010.
What the Act carries
What our graph holds for Public Services Reform (Scotland) Act 2010 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 11
- Penalties
- 7
- Exemptions
- 6
Duties on businesses under the Act
- Breach of inspection regulations s.58
- Display your care service registration certificate prominently s.60
- Breach care service regulations or registration conditions s.78
- Facilitate care home visits and minimise suspension of visiting rights s.78C
- Identify and record an Essential Care Supporter for every resident s.78B
- Operating an unregistered care service or faking registration s.80
… and 5 more business duties in the same Act.
What happens if you get it wrong
- Operating an unregistered care service or faking registration 3 months imprisonment
- Breach care service regulations or registration conditions Unlimited fine
- Personal liability for directors and officers for corporate offences Unlimited fine
- Breach of inspection regulations Fine up to £2,500
- Obstruct or fail to cooperate with a joint inspection Fine up to £2,500
… and 2 more penalties in the same Act.
Exemptions that may take you outside it
- Condition notices after emergency notices exempt from certain registration procedures — The condition notice was issued following an emergency condition notice (under section 67(5)(a)) and proposes to remove the condition introduced …
- Local authorities exempt from registering adoption and fostering services — Provider is a local authority and is providing an adoption service (paragraph 8(1)(a) of Schedule 12), a fostering service (paragraph …
- New offences or increased penalties capped by Scottish law — Offence created under section 14 or 17(1) of the Act
- Orders cannot authorise forcible entry or seizure — Any order under section 14 or 17(1) that would authorise forcible entry, search, seizure, or compel evidence
- Short‑duration child minding exempt from care service regulation — Period of child minding does not exceed 2 hours in any single day
… and 1 more exemption in the same Act.
Read our full dossier on Public Services Reform (Scotland) Act 2010
Who issues it
This one does not go to your council. It is issued by The Scottish Government.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.