OpenLegislation

Care Standards Act 2000 in Scotland

2000 c. 14 · Enacted 20 July 2000 · Extends to United Kingdom

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 31 July 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 4 para. 16repealedDomestic Violence, Crime and Victims Act 2004 Sch. 11
s. 5(1A)word repealedChildren and Young Persons Act 2008 Sch. 4
s. 21(5A)insertedChildren’s Wellbeing and Schools Act 2026 s. 14(3)
s. 30A(7)words insertedChildren’s Wellbeing and Schools Act 2026 s. 15(6)(b)
s. 23A-23D and cross-headinginsertedChildren’s Wellbeing and Schools Act 2026 s. 14(2)

An Act to establish a National Care Standards Commission; to make provision for the registration and regulation of children’s homes, independent hospitals, independent clinics, care homes, residential family centres, independent medical agencies, domiciliary care agencies, fostering agencies, nurses agencies and voluntary adoption agencies; to make provision for the regulation and inspection of local authority fostering and adoption services; to establish a General Social Care Council and a Care Council for Wales and make provision for the registration, regulation and training of social care workers; to establish a Children’s Commissioner for Wales; to make provision for the registration, regulation and training of those providing child minding or day care; to make provision for the protection of children and vulnerable adults; to amend the law about children looked after in schools and colleges; to repeal the Nurses Agencies Act 1957; to amend Schedule 1 to the Local Authority Social Services Act 1970; and for connected purposes.

[20th July 2000]

C1C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Act amended (W.) (1.4.2002) by The Children's Homes (Wales) Regulations 2002 (S.I. 2002/327), regs. 1(2), 3

C2

Act modified (temp.) (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 8, Sch. 2

Contents

  1. Preliminary
  2. 13Grant or refusal of registration.
  3. 18Right to make representations.
  4. 20AUrgent procedure for cancellation: Wales
  5. 22APower of CIECSS to serve notice where person is failing to comply with regulations
  6. 24Failure to comply with conditions.
  7. 24AOffences relating to suspension
  8. 25Contravention of regulations.
  9. 27False statements in applications.
  10. 28Failure to display certificate of registration.
  11. 30Offences by bodies corporate.
  12. Penalty notices (Wales)
  13. Power of CIECSS to impose monetary penalties
  14. 30ZCPower of CIECSS to impose monetary penalties
  15. 30ZDCIECSS monetary penalties: publication of information
  16. Financial regulation (England)
  17. 30ZEPersons who are subject to financial oversight
  18. 30ZFFinancial oversight period
  19. 30ZGPower to require provision of recovery and resolution plan
  20. 30ZHPower to require information
  21. 30ZIPower to arrange for independent business review
  22. 30ZJDuty to issue advance warning notice
  23. 30ZKPower to limit profits of relevant providers
  24. 30ZLPower to limit profits of relevant providers: supplementary provision
  25. 30ZMPower of Secretary of State to impose monetary penalties
  26. Monetary penalties: procedure etc
  27. 30ZNMonetary penalties: procedure etc
  28. Information sharing
  29. 30ZOInformation sharing
  30. 33Annual returns.
  31. 34Liquidators etc.
  32. 35Death of registered person.
  33. 36Provision of copies of registers.
  34. 37Service of documents.
  35. 38Transfers of staff under Part II.
  36. 39Temporary extension of meaning of “nursing home”.
  37. 40Temporary extension of meaning of “children’s home”.
  38. 41Children’s homes: temporary provision about cancellation of registration.
  39. 52Contravention of regulations.
  40. 53Offences: general provisions.
  41. Part IV: Social care workers
  42. 58BVisiting social care managers from relevant European States Repealed
  43. 64AQualifications gained outside the Welsh Council’s area – social care managers Repealed
  44. 67AExercise by Special Health Authority of functions under s. 67(4)(a)
  45. Miscellaneous and supplemental
  46. 70Abolition of Central Council for Education and Training in Social Work. Repealed
  47. 72Children’s Commissioner for Wales.
  48. 72APrincipal aim of the Commissioner
  49. 74Examination of cases.
  50. 75Obstruction etc.
  51. 75ZBWorking jointly with the Public Services Ombudsman for Wales
  52. 75ZCWorking jointly with the Public Services Ombudsman for Wales
  53. 77Restrictions.
  54. Protection of vulnerable adults
  55. Restrictions on working with children in independent schools
  56. General
  57. 103Temporary provision for access to lists.
  58. 105Welfare of children in boarding schools and colleges.
  59. 106Suspension of duty under section 87(3) of the 1989 Act.
  60. 107Boarding schools: national minimum standards.
  61. 108Annual fee for boarding school inspections.
  62. 109Inspection of schools etc. by persons authorised by Secretary of State.
  63. Fostering
  64. 110Extension of Part IX to school children during holidays.
  65. Employment agencies
  66. 111Nurses Agencies.
  67. Charges for local authority welfare services
  68. 112Charges for local authority welfare services.
  69. Part IX: General and supplemental
  70. Chapter I: General
  71. 114Schemes for the transfer of staff.
  72. 115Effect of schemes.
  73. Chapter II: Supplemental
  74. 118Orders and regulations.
  75. Introductory Repealed
  76. Status Repealed
  77. General powers Repealed
  78. General duty Repealed
  79. Membership Repealed
  80. Appointment, procedure et ceteralaetc. Repealed
  81. Remuneration and allowances Repealed
  82. Chief officer Repealed
  83. Regional directors Repealed
  84. Children’s rights director Repealed
  85. Director of private and voluntary health care Repealed
  86. Staff Repealed
  87. Delegation of functions Repealed
  88. Arrangements for the use of staff Repealed
  89. Training Repealed
  90. Payments to authorities Repealed
  91. Fees Repealed
  92. Accounts Repealed
  93. Reports and other information Repealed
  94. Application of seal and evidence Repealed
  95. General Repealed
  96. 22Paragraph 22 Repealed
  97. 23Paragraph 23 Repealed
  98. 24Paragraph 24 Repealed
  99. 25Paragraph 25 Repealed
  100. 26Paragraph 26 Repealed
  101. Schedule 1A: Monetary penalties under Part 2
  102. Status
  103. 1Paragraph 1
  104. Appointment and tenure of office
  105. 2Paragraph 2
  106. Remuneration
  107. Staff
  108. 4Paragraph 4
  109. General powers
  110. Accounts
  111. Reports
  112. Audit
  113. 9Paragraph 9
  114. Accounting officer
  115. Examinations into use of resources
  116. 11Paragraph 11
  117. Examinations by the Comptroller and Auditor General
  118. Evidence
  119. 13Paragraph 13
  120. Payments
  121. General
  122. 15Paragraph 15
  123. 16Paragraph 16
  124. 18Paragraph 18
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 2AParagraph 2A
  128. 3Paragraph 3
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. 8Paragraph 8
  133. 8AParagraph 8A
  134. 9Paragraph 9
  135. 10Paragraph 10
  136. 10AParagraph 10A
  137. 11Paragraph 11
  138. 12Paragraph 12
  139. 13Paragraph 13
  140. 16Paragraph 16
  141. 17Paragraph 17
  142. 19Paragraph 19
  143. 20Paragraph 20
  144. 2Paragraph 2
  145. 3Paragraph 3
  146. Paragraph
  147. 4Paragraph 4
  148. 6Paragraph 6
  149. 7Paragraph 7
  150. 8Paragraph 8
  151. 9Paragraph 9
  152. 10Paragraph 10
  153. 11Paragraph 11
  154. Schedule 3: Child minding and day care for young children
  155. Paragraph
  156. National Assistance Act 1948 (c.29)
  157. 1Paragraph 1
  158. Mental Health Act 1959 (c.72)
  159. Children and Young Persons Act 1969 (c.54)
  160. Local Authority Social Services Act 1970 (c.42)
  161. 4Paragraph 4
  162. Adoption Act 1976 (c.36)
  163. Adoption (Scotland) Act 1978 (c.28)
  164. Magistrates’ Court Act 1980 (c. 43)
  165. Limitation Act 1980 (c.58)
  166. Mental Health Act 1983 (c.20)
  167. Public Health (Control of Disease) Act 1984 (c.22)
  168. 10Paragraph 10
  169. Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
  170. 11Paragraph 11
  171. Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22)) Not yet in force
  172. Income and Corporation Taxes Act 1988 (c.40)
  173. Children Act 1989 (c.41)
  174. National Health Service and Community Care Act 1990 (c.19)
  175. 15Paragraph 15
  176. Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)
  177. 16Paragraph 16
  178. Criminal Justice Act 1991 (c.53)
  179. 18Paragraph 18
  180. 19Paragraph 19
  181. Local Government Finance Act 1992 (c.14)
  182. 20Paragraph 20
  183. Tribunals and Inquiries Act 1992 (c.53)
  184. Criminal Justice and Public Order Act 1994 (c.33) Not yet in force
  185. 22Paragraph 22 Not yet in force
  186. Children (Scotland) Act 1995 (c.36)
  187. 23Paragraph 23
  188. Education Act 1996 (c.56)
  189. Police Act 1997 (c.50)
  190. Protection of Children Act 1999 (c.14)
  191. Adoption (Intercountry Aspects) Act 1999 (c.18)
  192. Powers of Criminal Courts (Sentencing) Act 2000 (c.6)
  193. Amendments of local Acts
  194. 29Paragraph 29
  195. 30Paragraph 30
  196. Fostering agencies
  197. 1Paragraph 1
  198. Voluntary adoption agencies
  199. 2Paragraph 2
  200. Children’s Commissioner for Wales
  201. 3Paragraph 3
  202. Schedule 6Repeals