The Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011
Scottish Statutory Instrument 2011 No. 182 — creates 8 criminal offences.
- Made
- 8 March 2011
- In force from
- 1 April 2011
- Extent
- Not stated
- Subject
- Alcohol licensing, gambling, smoke-free and public health
- Made under
- National Health (Scotland) Act 1978
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 set out requirements which must be complied with by providers of independent healthcare services under the National Health Service (Scotland) Act 1978. An independent healthcare service must be provided in accordance with the general principles set out in regulation2. Regulation3 imposes requirements on providers which relate to the welfare of service users. In accordance with regulation4 the provider is required to prepare a patient care record for each service user setting out how the service user’s care will be delivered. The Regulations specify persons who are not fit to provide (regulation5), manage (regulation6) or be employed in an independent healthcare service (regulation8). Regulation7 requires a provider to notify Healthcare Improvement Scotland where the provider becomes aware that the manager of the independent health care service becomes unfit to manage the service. The Regulations also make provision as to whether persons listed in either the children’s or adults list in the Protection of Vulnerable Groups (Scotland) Act 2007 are fit to provide, manage or be employed in an independent healthcare service (regulation9). Regulation10 makes provision as to fitness of premises. Regulation11 imposes requirements as to facilities for service users. Regulation12 imposes requirements as to staffing. Regulation13 requires providers to ensure the service delivered is of an appropriate quality. Regulation14 makes provision as to the manager of an independent healthcare service. Regulation15 requires the establishment of a complaints service and regulation16 provides that contravening or failing to comply with certain provisions of these Regulations is an offence. A person who commits an offence under these Regulations is liable on summary conviction to a fine not exceeding level5 on the standard scale.
Offences created by this instrument
- Subject to paragraph2, it is an offence to contravene or fail to comply with regulations5(1), 6(1) and 8(1) regulation 16(1) · Status not determined · Strict liability
- Failure to comply with regulation5(2)(a) does not constitute an offence regulation 16(2) · Status not determined · Strict liability
- Fitness of providers regulation 5(2) · Status not determined · Strict liability
- Fitness of providers regulation 5(2)(b) · Status not determined · Strict liability
- Fitness of managers regulation 6(2) · Status not determined · Strict liability
- Fitness of managers regulation 6(2)(b) · Status not determined · Strict liability
- Fitness of employees regulation 8(2) · Status not determined · Strict liability
- Fitness of employees regulation 8(2)(c) · 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 2011