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Regulation of Care (Scotland) Act 2001

2001 asp 8 · Enacted 5 July 2001 · Extends to Scotland

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 7 January 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 77(1)words substitutedMental Health (Care and Treatment) (Scotland) Act 2003 Sch. 4 para. 10(a)
s. 77(1)words repealedMental Health (Care and Treatment) (Scotland) Act 2003 Sch. 5 Pt. 1
s. 77(2)words repealedMental Health (Care and Treatment) (Scotland) Act 2003 Sch. 5 Pt. 1
s. 2(5)(b)repealedMental Health (Care and Treatment) (Scotland) Act 2003 Sch. 5 Pt. 1
s. 77(1)words substitutedNational Health Service Reform (Scotland) Act 2004 sch. 1 para. 3
s. 78(2)words substitutedChildren (Care, Care Experience and Services Planning) (Scotland) Act 2026 s. 7(8)
s. 73repealedChildren (Care, Care Experience and Services Planning) (Scotland) Act 2026 s. 7(7)

An Act of the Scottish Parliament to establish the Scottish Commission for the Regulation of Care and the Scottish Social Services Council; to make provision for the registration and regulation of care services and for the registration, regulation and training of social service workers; to enable local authorities to make grants in respect of activities relating to child care and family support and to make direct payments to children in respect of certain care services; to enable the Scottish Ministers to delegate a power to make certain grants and loans for social work; to make further provision as respects payments by local authorities towards maintenance of certain children residing with and being cared for by persons other than their parents; to enable local authorities to provide and maintain residential accommodation in which nursing is provided; to make further provision as respects persons who have been looked after by local authorities; to amend the definition of “place of safety" in the Children (Scotland) Act 1995; to make further provision as respects the appointment for children of curators ad litem, reporting officers and safeguarders; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 31st May 2001 and received Royal Assent on 5th July 2001C1

Annotations to the whole text

Modifications

C1

Act modified (27.3.2002) by S.S.I. 2002/162, art. 7(1)

Contents

  1. Part 1: THE COMMISSION AND CARE SERVICES Repealed
  2. Constitution of Commission Repealed
  3. 1Constitution of Scottish Commission for the Regulation of Care Repealed
  4. Care services Repealed
  5. 2Care services Repealed
  6. 3Power to amend the definition of “care service" Repealed
  7. 4Information and advice Repealed
  8. National care standards Repealed
  9. 5National care standards Repealed
  10. Complaints Repealed
  11. 6Complaints about care services Repealed
  12. Registration Repealed
  13. 7Applications for registration under Part 1 Repealed
  14. 8Limited registration Repealed
  15. 9Grant or refusal of registration under Part 1 Repealed
  16. Improvement notices Repealed
  17. 10Improvement notices Repealed
  18. 11Special provision for certain care services provided by local authorities Repealed
  19. Proposals and applications in relation to registered care services Repealed
  20. 12Cancellation of registration Repealed
  21. 13Condition notices Repealed
  22. 14Applications under Part 1 in respect of conditions Repealed
  23. 15Further provision as respects notice of proposals Repealed
  24. 16Right to make representations to Commission as respects proposals under Part 1 Repealed
  25. 17Notice of Commission’s decision under Part 1 Repealed
  26. 18Urgent procedures for cancellation of registration etc. Repealed
  27. 19Conditions as to numbers Repealed
  28. 20Appeal against decision to implement proposal Repealed
  29. Offences Repealed
  30. 21Offences in relation to registration under Part 1 Repealed
  31. 22False statements in applications under Part 1 Repealed
  32. 23Offences by bodies corporate etc. Repealed
  33. Fees Repealed
  34. 24Registration fees Repealed
  35. Inspections Repealed
  36. 25Inspections Repealed
  37. 26Integrated inspections Repealed
  38. 27Further provision as regards inspections Repealed
  39. Regulations Repealed
  40. 28Regulations relating to the Commission, to registration and to registers Repealed
  41. 29Regulations relating to care services Repealed
  42. Transfer of staff Repealed
  43. 30Transfer of staff Repealed
  44. Miscellaneous Repealed
  45. 31Arrangements entered into by local authority or health body: services to be registered Repealed
  46. 32Giving of notice Repealed
  47. Part 2: LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC. Repealed
  48. 33Local authority applications for registration under Part 2 Repealed
  49. 34Grant of local authority application under Part 2 Repealed
  50. 35Condition notices: services registered under Part 2 Repealed
  51. 36Applications under Part 2 in respect of conditions Repealed
  52. 37Right to make representations to Commission under Part 2 as respects conditions Repealed
  53. 38Notice of Commission’s decision under Part 2 Repealed
  54. 39Appeal against decision under Part 2 Repealed
  55. 40Offences under Part 2 Repealed
  56. 41Report to Scottish Ministers Repealed
  57. 42Default powers of Scottish Ministers Repealed
  58. Part 3: THE COUNCIL
  59. Constitution
  60. 43Constitution of Scottish Social Services Council
  61. Registration
  62. 44Register of social workers and of other social service workers
  63. 45Applications for registration under Part 3
  64. 46Grant or refusal of registration under Part 3
  65. 46AVisiting social workers from relevant European States Repealed
  66. 46BQualifications gained outside Scotland
  67. 47Variation etc. of conditions in relation to registration under Part 3
  68. 48Right to make representations to Council as respects decision under section 47
  69. 49Removal etc. from the Council’s register
  70. 50Notice of Council’s decision under rules under section 49
  71. Information from third parties
  72. 50ACouncil’s power to require information
  73. Appeal
  74. 51Appeal against decision of Council
  75. Offence
  76. 52Use of title “social worker" etc.
  77. Codes of practice
  78. 53Codes of practice
  79. Training
  80. 54Approval of courses etc.
  81. 55Grants and allowances for social service workers’ training
  82. Regulations and rules
  83. 56Regulations relating to the Council
  84. 57Power of Council to make rules
  85. Notification of dismissal etc. for misconduct
  86. 57ANotification of dismissal etc. to Council
  87. 57BProvision of other information to Council by employer Repealed
  88. Functions of the Scottish Ministers
  89. 58Functions of the Scottish Ministers under this Part
  90. Part 4: GENERAL PRINCIPLES
  91. 59General principles
  92. Part 5: PROVISIONS COMMON TO COMMISSION AND COUNCIL
  93. Grants and guarantees
  94. 60Grants
  95. 61Guarantees
  96. Duty to consult
  97. 62Duty of Commission and Council to consult each other
  98. 63Guidance as to consultation
  99. Complaints, inquiries and maladministration
  100. 64Complaints procedure
  101. 65Inquiries
  102. 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  103. Part 6: MISCELLANEOUS
  104. Central Council for Education and Training in Social Work: cessation of Scottish functions
  105. 67Cessation of exercise of certain functions by Central Council for Education and Training in Social Work
  106. Grants, loans and other payments
  107. 68Grants in respect of activities relating to child care and family support
  108. 69Amendment of Social Work (Scotland) Act 1968: delegation of power to make grants and loans to certain voluntary organisations etc.
  109. 70Amendment of Social Work (Scotland) Act 1968: direct payments to children for care services Repealed
  110. 71Amendment of Children Act 1975: maintenance payments to children
  111. Nursing in local authority residential accommodation
  112. 72Provision by local authorities of residential accommodation in which nursing is provided
  113. After-care
  114. 73Amendment of Children (Scotland) Act 1995: after-care
  115. Place of safety
  116. 74Amendment of Children (Scotland) Act 1995: “place of safety" Repealed
  117. Panels
  118. 75Panels for curators ad litem, reporting officers and safeguarders
  119. 76Amendment of Children (Scotland) Act 1995: Children’s Panel Advisory Committees Repealed
  120. Part 7: GENERAL
  121. 77Interpretation
  122. 78Orders and regulations
  123. 79Minor and consequential amendments
  124. 80Repeals and transitional provisions etc.
  125. 81Short title and commencement
  126. Schedule 1: THE SCOTTISH COMMISSION FOR THE REGULATION OF CARE Repealed
  127. 1Status Repealed
  128. 2Membership Repealed
  129. 3Paragraph 3 Repealed
  130. 4Paragraph 4 Repealed
  131. 5Paragraph 5 Repealed
  132. 6General powers Repealed
  133. 7Regulations as to appointments, procedure etc. Repealed
  134. 8Staff Repealed
  135. 9Accounts Repealed
  136. 10Reports Repealed
  137. Schedule 2: THE SCOTTISH SOCIAL SERVICES COUNCIL
  138. 1Status
  139. 2Membership
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6General powers
  144. 7Regulations as to appointments, procedure etc.
  145. 8Staff
  146. 9Accounts
  147. 10Reports
  148. Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS
  149. 1Human Tissue Act 1961 (c.54)
  150. 2Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)
  151. 3Sewerage (Scotland) Act 1968 (c.47)
  152. 4Social Work (Scotland) Act 1968 (c.49)
  153. 5Medicines Act 1968 (c.67)
  154. 6Employment Agencies Act 1973 (c.35)
  155. 7Adoption (Scotland) Act 1978 (c.28) Repealed
  156. 8Water (Scotland) Act 1980 (c.45)
  157. 9Administration of Justice Act 1982 (c.53)
  158. 10Anatomy Act 1984 (c.14)
  159. 11Mental Health (Scotland) Act 1984 (c.36)
  160. 12Foster Children (Scotland) Act 1984 (c.56)
  161. 13Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
  162. 14Income and Corporation Taxes Act 1988 (c.1)
  163. 15Children Act 1989 (c.41)
  164. 16Opticians Act 1989 (c.44)
  165. 17Environmental Protection Act 1990 (c.43)
  166. 18Local Government Finance Act 1992 (c.14)
  167. 19Children (Scotland) Act 1995 (c.36)
  168. 20Criminal Procedure (Scotland) Act 1995 (c.46)
  169. 21Police Act 1997 (c.50) Repealed
  170. 22Adoption (Intercountry Aspects) Act 1999 (c.18)
  171. 23Adults with Incapacity (Scotland) Act 2000 (asp 4)
  172. 24Paragraph 24 Repealed
  173. 25Sexual Offences (Amendment) Act 2000 (c.44) Repealed
  174. Schedule 4REPEALS