{
  "url": "https://openlegislation.uk/public-services-reform-scotland-act-2010/section-78B",
  "json_url": "https://openlegislation.uk/public-services-reform-scotland-act-2010/section-78B.json",
  "legislation": "asp/2010/8",
  "legislation_title": "Public Services Reform (Scotland) Act 2010",
  "legislation_url": "https://openlegislation.uk/public-services-reform-scotland-act-2010",
  "path": "section/78B",
  "kind": "section",
  "number": "78B",
  "heading": "Identification of Essential Care Supporter",
  "text": "(1) The Scottish Ministers must exercise the power under section 78(2) to impose a duty on providers of care home services for adults to—\n(a) identify for every resident of accommodation provided by the care home service at least one individual as an Essential Care Supporter, unless—\n(i) doing so would be contrary to the resident’s wishes, or\n(ii) nobody can be identified who is able and willing to be the resident’s Essential Care Supporter, and\n(b) maintain a record of the Essential Care Supporters identified.\n(2) The Scottish Ministers must set out in regulations under section 78(2)—\n(a) the criteria to be applied in determining who a resident’s Essential Care Supporter is, and\n(b) the consultative process with the resident and others by which that determination is to be made.\n(3) The duty described by subsection (1) must be framed so that a provider of a care home service must have regard to the code published under section 78E in carrying out the duty.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 78B-78G and cross-heading inserted (7.1.2026 for specified purposes, 31.3.2026 in so far as not already in force) by Care Reform (Scotland) Act 2025 (asp 9), ss. 14(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2)(3), sch. Pt. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2010/8/section/78B",
    "retrieved_at": "2026-10-29T20:15:27.543776+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}