The Regulation of Care (Miscellaneous Amendments) (Scotland) Regulations 2009
Scottish Statutory Instrument 2009 No. 32 — creates 2 criminal offences.
- Made
- 3 February 2009
- In force from
- 1 April 2009
- Extent
- Not stated
- Subject
- Education, social security, pensions and public services
- Made under
- Regulation of Care (Scotland) Act 2001
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations amend the Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 (S.S.I. 2002/115), the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (S.S.I. 2002/114) and the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003 (S.S.I. 2003/150). The regulations provide consistency in all regulations made under section 29((1) and (2)(a) and (b) of the Regulation of Care (Scotland) Act 2001 in respect of persons who are fit to register a care service, to provide a care service, act as manager of a care service or be employed in a care service. The regulations also give providers of care services an element of discretion in considering persons fit to manage or be employed in a care service, where those persons have been convicted of an offence. Regulations 3 and 4 amend Regulation 4 of S.S.1. 2002/115 to provide consistency with S.S.I. 2002/114. Regulations 6 and 7 give discretion to care home providers to consider a person fit to manage or be employed in the delivery of a care service, despite that person having a conviction. Regulations 9 to 13 amend S.S.I. 2003/150 to ensure consistency with S.S.I. 2002/114 and 2002/115 as amended by these Regulations.
Offences created by this instrument
- – b a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a… regulation 6 · Status not determined · Strict liability
- – d a person to whom regulation 6(2)(a) applies; or e a person who has been convicted whether in the United Kingdom or… regulation 7 · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2009