{
  "url": "https://openlegislation.uk/regulation-of-care-miscellaneous-amendments-scotland-regulations-2009/note",
  "json_url": "https://openlegislation.uk/regulation-of-care-miscellaneous-amendments-scotland-regulations-2009/note.json",
  "legislation": "ssi/2009/32",
  "legislation_title": "The Regulation of Care (Miscellaneous Amendments) (Scotland) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/regulation-of-care-miscellaneous-amendments-scotland-regulations-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 (S.S.I.\n2002/115), the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (S.S.I.\n2002/114) and the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003 (S.S.I.\n2003/150).\nThe regulations provide consistency in all regulations made under section 29((1) and (2)(a) and (b) of the Regulation of Care (Scotland) Act 2001 in respect of persons who are fit to register a care service, to provide a care service, act as manager of a care service or be employed in a care service. The regulations also give providers of care services an element of discretion in considering persons fit to manage or be employed in a care service, where those persons have been convicted of an offence.\nRegulations 3 and 4 amend Regulation 4 of S.S.1. 2002/115 to provide consistency with S.S.I.\n2002/114. Regulations 6 and 7 give discretion to care home providers to consider a person fit to manage or be employed in the delivery of a care service, despite that person having a conviction. Regulations 9 to 13 amend S.S.I.\n2003/150 to ensure consistency with S.S.I.\n2002/114 and\n2002/115 as amended by these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2009/32/note",
    "retrieved_at": "2026-10-28T22:03:26.605275+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."
}