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The Public Services Reform (Social Services Inspections) (Scotland) Amendment Regulations 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111015605

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 104(2) of the Public Services Reform (Scotland) Act 2010, for approval by resolution of the Scottish Parliament.

Social Care

Made

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 58(1) and 104(1) of the Public Services Reform (Scotland) Act 2010f1 and all other powers enabling them to do so.

In accordance with section 104(2) of that Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2010 asp 8 (“the Act”).

f2

Section 104(2) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Public Services Reform (Social Services Inspections) (Scotland) Amendment Regulations 2012 and come into force on the day after the day on which they are made.

2Amendment of the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011

After regulation 3 (authorised persons: qualifications) of the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011f1, insert—

“Type and frequency of inspections

3A.
(1)

SCSWIS must inspect the care services listed in paragraph (3) at least once in every year.

(2)

SCSWIS must not give any notice of the date or time of an inspection to such a care service.

(3)

The care services referred to in paragraph (1) are—

(a)

a care home servicef2;

(b)

a secure accommodation servicef3; and

(c)

a support servicef4 which provides personal care or personal supportf5 to a person within that person’s home.

(4)

“Year” in paragraph (1) means from 1st February in one calendar year to 31st January in the next.”.

Signature

Name

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011 by making provision for certain types of care services to be inspected at least once in every 12 month period and for these inspections to be unannounced.

The types of care services subject to this minimum frequency of inspection are care home services, secure accommodation services and support services by which personal care and support is provided to an individual in that individual’s own home.