The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011
Scottish Statutory Instrument 2011 No. 210 — creates 8 criminal offences.
- Made
- 15 March 2011
- In force from
- 1 April 2011
- Extent
- Not stated
- Subject
- Education, social security, pensions and public services
- Made under
- Public Services Reform (Scotland) Act 2010
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 care services under Part5 of the Public Services Reform (Scotland) Act 2010. A care service must be provided in accordance with the general principles set out in regulation3. Regulation4 imposes requirements on providers which relate to the welfare of service users. In accordance with regulation5, the provider is required to prepare a personal plan for each service user setting out how the service user’s health, welfare and safety needs will be met. The Regulations specify persons who are not fit to provide (regulation6), manage (regulation7) or be employed in a care service (regulation9). They also make provision as to fitness of premises (regulation10) and fitness in relation to adult placement services (regulation11). A provider of child minding is required by regulation12 not to allow persons unfit to be in the proximity of children to live on the premises and requires notification to SCSWIS of certain changes to persons living at the premises. Regulation13 concerns the impact of a listing in the children’s or adults’ list in the Protection of Vulnerable Groups Act 2007. Regulation14 makes provision as to the facilities required in care homes and regulation15 concerns the staffing in care services. Regulation16 imposes a prohibition on any person having a financial interest in a care home from acting as a medical practitioner for any user of that service. Regulation17 makes provision as to the appointment of a manager of a care service and regulation18 obliges a care service to establish and operate a complaints procedure. Regulation19 provides that contravening or failing to comply with certain provisions of the 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 regulations4(3), 6(1), 7(1), 9(1) and 16 regulation 19(1) · Revoked · Strict liability
- Failure to comply with regulation6(2)(a) does not constitute an offence regulation 19(2) · Revoked · Strict liability
- Fitness of providers regulation 6(2) · Revoked · Strict liability
- Fitness of providers regulation 6(2)(b) · Revoked · Strict liability
- Fitness of managers regulation 7(2) · Revoked · Strict liability
- Fitness of managers regulation 7(2)(b) · Revoked · Strict liability
- Fitness of employees regulation 9(2) · Revoked · Strict liability
- Fitness of employees regulation 9(2)(a) · Revoked · 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