Public Services Reform (Scotland) Act 2010
2010 asp 8 · Enacted 28 April 2010 · Extends to Scotland
An Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to make provision for the publication of information on expenditure and certain other matters by certain public bodies; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision in relation to the Mental Welfare Commission for Scotland; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to amend the Scottish Public Services Ombudsman Act 2002 to make provision in relation to complaints handling procedures of listed authorities; to amend the Charities and Trustee Investment (Scotland) Act 2005 in relation to the regulation of charities and charity trustees; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th March 2010 and received Royal Assent on 28th April 2010
Contents
- Part 1: Simplification of public bodies
- Transfer of functions
- 1Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland
- 2Transfer to Scottish Natural Heritage of functions of Advisory Committee on sites of special scientific interest
- 3Transfer to certain bodies of functions of Waterwatch Scotland
- Dissolution of bodies etc.
- 4Dissolution of Scottish Records Advisory Council
- 5Dissolution of Scottish Industrial Development Advisory Board
- 6Dissolution of Building Standards Advisory Committee
- 7Dissolution of Historic Environment Advisory Council for Scotland
- 8Dissolution of Regional Boards of Scottish Environment Protection Agency
- Delegation of functions etc.
- 9Delegation of Ministerial functions under section 7 of Industrial Development Act 1982
- 10Delegation of Ministerial functions under section 5 of Science and Technology Act 1965
- 11Delegation of certain functions of Forestry Commissioners under Forestry Act 1967
- 12Forestry Commissioners: joint ventures etc.
- Regulation of officers of court
- 13Regulation of officers of court
- Part 2: Order-making powers
- Improving the exercise of public functions
- 14Public functions: efficiency, effectiveness and economy
- 15Public functions: further provision
- 16Preconditions
- Removing and reducing burdens
- 17Power to remove or reduce burdens
- 18Preconditions
- Specific restrictions
- 19Order in relation to certain bodies: requirement for request and consent
- General restrictions
- 20Subordinate legislation and powers of direction, appointment and consent
- 21Local taxation
- 22Criminal penalties
- 23Forcible entry etc.
- 24Prohibition on modification of this Part
- Procedure
- 25Procedure
- 26Consultation
- 27Explanatory document laid before the Scottish Parliament
- 28Combination with powers under European Communities Act 1972
- General
- 29Order-making powers: modifications of enactments
- 30Interpretation of Part 2
- Part 3: Information on exercise of public functions
- 31Public functions: duties to provide information on certain expenditure etc.
- 32Public functions: duty to provide information on exercise of functions
- 33Public functions: duty to provide information on special advisers
- 34Public functions: duties to provide information: further provision
- 35Interpretation of Part 3
- Part 4: Creative Scotland
- Creative Scotland
- 36Establishment of Creative Scotland
- 37General functions of Creative Scotland
- 38Advisory and other functions
- 39Grants and loans
- 40Directions and guidance
- Miscellaneous and general
- 41Dissolution of Scottish Arts Council
- 42Transfer of staff etc.
- 43Creative Scotland: modifications of enactments
- Part 5: Social care and social work: scrutiny and improvement
- Chapter 1: Social Care and Social Work Improvement Scotland
- Social Care and Social Work Improvement Scotland
- 44Social Care and Social Work Improvement Scotland
- 45General principles
- Key definitions
- 46Social services
- 47Care services
- 48Social work services
- 49Power to modify key definitions
- Miscellaneous
- 50Standards and outcomes
- 51Information and advice
- 52Dissolution of Scottish Commission for the Regulation of Care
- Chapter 2: Social services: inspections
- Inspections
- 53Inspections
- 53AInspections of care homes Repealed
- 54Inspections under section 53: best regulatory practice
- 55Inspections at request of Scottish Ministers
- 56Inspections: authorised persons
- 57Inspections: reports
- 57AAssistance in inspections from Healthcare Improvement Scotland
- Regulations
- 58Regulations: inspections
- Chapter 3: Care services
- Registration of care services
- 59Registration of care services
- 59AFurther provision in relation to registration of certain care services
- 60Grant or refusal of registration
- 61Limited registration
- Improvement notices
- 62Improvement notices: care services
- 63Special provision for certain care services provided by local authorities
- ...
- Section Repealed
- Section Repealed
- Proposals and applications in relation to registered care services
- 64Cancellation of registration
- 65Emergency cancellation of registration
- 65ACare homes: emergency intervention orders Repealed
- 65BFurther provision in relation to emergency intervention orders Repealed
- 66Condition notices
- 67Emergency condition notices
- 68Application of Part to condition notices following emergency condition notices
- 69Emergency condition notices: appeals
- 70Applications under Chapter 3 in respect of conditions
- 71Further provision as respects notice of proposals
- 72Right to make representations to SCSWIS as respects proposals under Chapter 3
- 73Notice of SCSWIS's decision under Chapter 3
- 74Conditions as to numbers
- 75Appeal against decision to implement proposal
- Fees
- 76Registration fees
- Regulations
- 77Regulations: registers and registration
- 78Regulations: care services
- Regulations under section 78: visits to and by adult care home residents
- 78BIdentification of Essential Care Supporter
- 78CRight to visits: care home residents
- 78DFurther provision to be made in connection with section 78C
- 78ECode of practice on care home residents’ right to visits
- 78FInterpretation of sections 78B to 78E
- 78GReview of operation of duties imposed in accordance with sections 78B to 78D
- Complaints
- 79Complaints about care services
- 79AReporting on coronavirus deaths in care homes Repealed
- Offences
- 80Offences in relation to registration under Chapter 3
- 81False statements in application under Chapter 3
- 82Offences by bodies corporate etc.
- Chapter 3A: Care services: staffing
- 82ADevelopment of staffing methods
- 82BRegulations: requirement to use staffing methods
- 82CReview and redevelopment of staffing methods
- 82DReview of duty on care service providers to ensure appropriate staffing
- 82EDuty to consider multi-disciplinary staffing tools
- 82FInterpretation of Chapter
- Chapter 4: Local authority adoption and fostering services etc.
- 83Local authority applications for registration under Chapter 4
- 84Grant of local authority application under Chapter 4
- 85Condition notices: services registered under Chapter 4
- 86Applications under Chapter 4 in respect of conditions
- 87Right to make representations to SCSWIS under Chapter 4 as respects conditions
- 88Notice of SCSWIS's decision under Chapter 4
- 89Appeal against decision under Chapter 4
- 90Offences under Chapter 4
- 91Report to Scottish Ministers
- 92Default powers of Scottish Ministers
- Chapter 5: Miscellaneous
- 93Grants to SCSWIS
- 94Guarantees
- 95Duty of SCSWIS to consult Scottish Social Services Council
- 96Duty of SCSWIS to consult the Mental Welfare Commission for Scotland
- 97Complaints procedure
- 98Inquiries
- 99Arrangements entered into by local authority or health body: services to be registered
- 100Local authorities and health bodies: awareness of SCSWIS reports etc.
- 101Giving of notice
- 102Transfer of staff etc.
- 103Transfer of staff: further provision
- 104Orders and regulations: procedure
- 105Interpretation of Part 5
- 106Minor and consequential amendments and repeals: SCSWIS
- 107Minor modifications: Scottish Social Services Council
- Part 6: Health care: scrutiny and improvement
- 108Healthcare Improvement Scotland
- 109Transfer of staff etc. to Healthcare Improvement Scotland
- 110Healthcare Improvement Scotland: constitution, etc.
- Part 7: The Mental Welfare Commission for Scotland
- 111The Mental Welfare Commission for Scotland
- Part 8: Scrutiny and complaints
- User focus
- 112Scrutiny: user focus
- 113User focus: guidance etc.
- Duty of co-operation
- 114Scrutiny: duty of co-operation
- Joint inspections
- 115Joint inspections
- 116Participation in joint inspections
- 116AJoint inspections of social services and health services
- 117Regulations relating to joint inspections
- Public finance and accountability
- 118Amendment of Public Finance and Accountability (Scotland) Act 2000
- Complaints handling procedures
- 119Complaints handling procedures
- Part 9: Charities
- 120Information to appear on charity websites
- 121Variation, revocation and review of directions
- 122Powers of Court of Session: deemed removal of persons
- 123Delegation of functions
- 124Reorganisation of charities
- 125Reorganisation of restricted funds
- 126Appointment of charity trustees
- 127Charity trustees' indemnity insurance
- 128Interpretation of Part 9
- Part 10: Miscellaneous and general
- Miscellaneous
- 129Local Government (Scotland) Act 1973: minor amendment
- 130Consultation by water and sewerage services providers
- 131Complaints about water services and sewerage services providers
- General
- 132Ancillary provision
- 133Orders and regulations: Parts 8 and 10
- 134Short title and commencement
- Schedule 1: Deer Commission for Scotland: modifications of enactments
- Natural Heritage (Scotland) Act 1991 (c. 28)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Deer (Scotland) Act 1996 (c. 58)
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 28Paragraph 28
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 29Paragraph 29
- Freedom of Information (Scotland) Act 2002 (asp 13)
- 30Paragraph 30
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 31Paragraph 31
- Schedule 2: Transfer of Waterwatch Scotland functions: modifications of enactments
- Part 1: Amendments
- Water Industry (Scotland) Act 2002 (asp 3)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Water Services etc. (Scotland) Act 2005 (asp 3)
- 14Paragraph 14
- Consumers, Estate Agents and Redress Act 2007 (c. 17)
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19
- 20Paragraph 20
- Part 2: Repeals
- 21Paragraph 21
- Schedule 3: Dissolution of Waterwatch Scotland: arrangements for staff, property etc.
- Transfer of staff
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Transfer of property etc.
- 7Paragraph 7
- Transfer of undetermined complaints
- 8Paragraph 8
- Schedule 4: Regulation of officers of court: modifications of enactments
- Part 1: Amendments
- Debtors (Scotland) Act 1987 (c. 18)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Part 2: Repeals
- 33Paragraph 33
- Schedule 5: Improvement of public functions: listed bodies
- Scottish Administration
- Scottish public authorities with mixed functions or no reserved functions
- Cross-border public authorities
- Schedule 6: Part 2 order-making powers (request and consent): listed bodies
- Paragraph
- Schedule 7: Order-making powers: modifications of enactments
- Deregulation and Contracting Out Act 1994 (c. 40)
- 1Paragraph 1
- Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
- 2Paragraph 2
- Schedule 8: Information on exercise of public functions: listed public bodies
- Paragraph
- Schedule 9: Creative Scotland: establishment etc.
- Status
- 1Paragraph 1
- Membership of Creative Scotland
- 2Paragraph 2
- Terms of appointment etc.
- 3Paragraph 3
- Removal of members
- 4Paragraph 4
- Disqualification from membership
- 5Paragraph 5
- Remuneration and allowances for members
- 6Paragraph 6
- Chief executive and other employees
- 7Paragraph 7
- Committees
- 8Paragraph 8
- Procedure and meetings
- 9Paragraph 9
- General powers
- 10Paragraph 10
- Delegation of functions
- 11Paragraph 11
- Location of office
- 12Paragraph 12
- Accounts
- 13Paragraph 13
- Reports
- 14Paragraph 14
- Schedule 10: Creative Scotland: modifications of enactments
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 1Paragraph 1
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 2Paragraph 2
- Freedom of Information (Scotland) Act 2002 (asp 13)
- 3Paragraph 3
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 4Paragraph 4
- Schedule 11: Social Care and Social Work Improvement Scotland: establishment etc.
- Status
- 1Paragraph 1
- Membership of SCSWIS
- 2Paragraph 2
- 3Paragraph 3
- Terms of appointment etc.
- 4Paragraph 4
- Removal of members
- 5Paragraph 5
- Disqualification from membership
- 6Paragraph 6
- Remuneration and allowances for members
- 7Paragraph 7
- Chief executive and other employees
- 8Paragraph 8
- Committees
- 9Paragraph 9
- Procedure and meetings
- 10Paragraph 10
- General powers
- 11Paragraph 11
- Delegation of functions
- 12Paragraph 12
- Location of office
- 13Paragraph 13
- Accounts
- 14Paragraph 14
- Reports
- 15Paragraph 15
- Schedule 12: Care services: definitions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 19AParagraph 19A
- 20Paragraph 20
- Schedule 13: Social work services functions: specified enactments
- Paragraph
- Schedule 14: Social Care and Social Work Improvement Scotland: modifications of enactments
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 1Paragraph 1
- Regulation of Care (Scotland) Act 2001 (asp 8)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 11Paragraph 11
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 12Paragraph 12
- Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Adult Support and Protection (Scotland) Act 2007 (asp 10)
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Repeals
- 37Paragraph 37
- Schedule 15: Scottish Social Services Council: modifications of Regulation of Care (Scotland) Act 2001
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 16: Healthcare Improvement Scotland: establishment etc.
- Paragraph
- Schedule 17: Healthcare Improvement Scotland: modifications of enactments
- National Health Service (Scotland) Act 1978 (c. 29)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- National Health Service and Community Care Act 1990 (c. 19)
- 23Paragraph 23
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 24Paragraph 24
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 25Paragraph 25
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 26Paragraph 26
- Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)
- 33Paragraph 33
- Human Tissue (Scotland) Act 2006 (asp 4)
- 34Paragraph 34
- Adult Support and Protection (Scotland) Act 2007 (asp 10)
- 35Paragraph 35
- Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
- 36Paragraph 36
- Public Health etc. (Scotland) Act 2008 (asp 5)
- 37Paragraph 37
- Schedule 18: The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 19: Scrutiny functions: persons etc. subject to user focus duty
- Paragraph
- Schedule 20: Scrutiny functions: persons etc. subject to duty of co-operation
- Paragraph