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The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011

S.I. 2011/2581 · Made 27 October 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

Constitutional Law

Devolution, Scotland

Public Services Reform

Made 27th October 2011

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (4) and (5) of the Scotland Act 1998f1.

In accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1998 c.46.

Contents

  1. 1Citation, commencement and extent
  2. 2Consequential modifications of enactments
  3. Signature
  4. Schedule 1: Establishment of Creative Scotland and dissolution of the Scottish Arts Council and the Deer Commission for Scotland: modification of enactments
  5. Part 1: Primary Legislation
  6. House of Commons Disqualification Act 1975
  7. 1Paragraph 1
  8. Part 2: Secondary Legislation
  9. Public Contracts Regulations 2006
  10. 2Paragraph 2
  11. Schedule 2: Establishment of Social Care and Social Work Improvement Scotland and Healthcare Improvement Scotland and dissolution of the Scottish Commission for the Regulation of Care: modification of enactments
  12. Part 1: Primary legislation
  13. Medicines Act 1968
  14. 1Paragraph 1
  15. House of Commons Disqualification Act 1975
  16. 2Paragraph 2
  17. Anatomy Act 1984
  18. 3Paragraph 3
  19. Adoption and Children Act 2002
  20. 4Paragraph 4
  21. Nationality, Immigration and Asylum Act 2002
  22. 5Paragraph 5
  23. Income Tax (Earnings and Pensions) Act 2003
  24. 6Paragraph 6
  25. Finance Act 2003
  26. 7Paragraph 7
  27. Age-Related Payments Act 2004
  28. 8Paragraph 8
  29. Income Tax (Trading and Other Income) Act 2005
  30. 9Paragraph 9
  31. Health and Social Care Act 2008
  32. 10Paragraph 10
  33. Part 2: Secondary Legislation
  34. Misuse of Drugs (Safe Custody) Regulations 1973
  35. 11Paragraph 11
  36. Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
  37. 12Paragraph 12
  38. Medicines (Pharmacy and General Sale- Exemption) Order 1980
  39. 13Paragraph 13
  40. Income Support (General) Regulations 1987
  41. 14Paragraph 14
  42. Social Fund Cold Weather Payments (General) Regulations 1988
  43. 15Paragraph 15
  44. National Health Service Trusts (Membership and Procedure) Regulations 1990
  45. 16Paragraph 16
  46. Council Tax (Exempt Dwellings) Order 1992
  47. 17Paragraph 17
  48. Child Support (Maintenance Assessments and Special Cases) Regulations 1992
  49. 18Paragraph 18
  50. Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992
  51. 19Paragraph 19
  52. Jobseeker’s Allowance Regulations 1996
  53. 20Paragraph 20
  54. Health Authorities (Membership and Procedure) Regulations 1996
  55. 21Paragraph 21
  56. Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996
  57. 22Paragraph 22
  58. Social Security Benefit (Computation of Earnings) Regulations 1996
  59. 23Paragraph 23
  60. Prescription Only Medicines (Human Use) Order 1997
  61. 24Paragraph 24
  62. National Institute for Clinical Excellence Regulations 1999
  63. 25Paragraph 25
  64. Public Interest Disclosure (Prescribed Persons) Order 1999
  65. 26Paragraph 26
  66. Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999
  67. 27Paragraph 27
  68. Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations2000
  69. 28Paragraph 28
  70. Social Fund Winter Fuel Payment Regulations 2000
  71. 29Paragraph 29 Repealed
  72. Child Support (Maintenance Calculations and Special Cases) Regulations 2000
  73. 30Paragraph 30
  74. Representation of the People (Scotland) Regulations 2001
  75. 31Paragraph 31
  76. Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  77. 32Paragraph 32
  78. Misuse of Drugs Regulations 2001
  79. 33Paragraph 33
  80. Disqualification from Caring for Children (England) Regulations 2002
  81. 34Paragraph 34
  82. State Pension Credit Regulations 2002
  83. 35Paragraph 35
  84. Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
  85. 36Paragraph 36
  86. Patients’ Forums (Membership and Procedure) Regulations 2003
  87. 37Paragraph 37
  88. European Parliamentary Elections Regulations 2004
  89. 38Paragraph 38
  90. Communications (Television Licensing) Regulations 2004
  91. 39Paragraph 39
  92. Medicines for Human Use (Clinical Trials) Regulations 2004
  93. 40Paragraph 40
  94. Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
  95. 41Paragraph 41
  96. Disqualification from Caring for Children (Wales) Regulations 2004
  97. 42Paragraph 42
  98. Rheoliadau Datgymhwyso rhag Gofalu am Blant (Cymru) 2004
  99. 43Paragraph 43
  100. Blood Safety and Quality Regulations 2005
  101. 44Paragraph 44
  102. Health and Social Care Information Centre Regulations 2005
  103. 45Paragraph 45
  104. Medicines for Human Use (Prescribing) Order 2005
  105. 46Paragraph 46
  106. NHS Institute for Innovation and Improvement Regulations 2005
  107. 47Paragraph 47
  108. NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005
  109. 48Paragraph 48
  110. NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005
  111. 49Paragraph 49
  112. Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005
  113. 50Paragraph 50
  114. Housing Benefit Regulations 2006
  115. 51Paragraph 51
  116. Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  117. 52Paragraph 52
  118. Council Tax Benefit Regulations 2006
  119. 53Paragraph 53 Repealed
  120. Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  121. 54Paragraph 54 Repealed
  122. Appointments Commission Regulations 2006
  123. 55Paragraph 55
  124. Controlled Drugs (Supervision of Management and Use) Regulations 2006
  125. 56Paragraph 56
  126. Childcare (Supply and Disclosure of Information) (England) Regulations 2007
  127. 57Paragraph 57
  128. Employment and Support Allowance Regulations 2008
  129. 58Paragraph 58
  130. Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008
  131. 59Paragraph 59
  132. Care Quality Commission (Membership) Regulations 2008
  133. 60Paragraph 60
  134. National Information Governance Board Regulations 2008
  135. 61Paragraph 61
  136. Public Health Wales National Health Service Trust (Membership and Procedure) Regulations2009
  137. 62Paragraph 62
  138. Rheoliadau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru (Aelodaeth a Gweithdrefn) 2009
  139. 63Paragraph 63
  140. Childcare (Disqualification) Regulations 2009
  141. 64Paragraph 64
  142. Child Minding and Day Care (Disqualification) (Wales) Regulations 2010
  143. 65Paragraph 65
  144. Rheoliadau Gwarchod Plant a Gofal Dydd (Anghymhwyso) (Cymru) 2010
  145. 66Paragraph 66
  146. Medical Profession (Responsible Officers) Regulations 2010
  147. 67Paragraph 67
  148. Schedule 3: Abolition of the position of the Convenor of the Water Customer Consultation Panels and dissolution of the Water Customer Consultation Panels: modification of enactments
  149. Part 1: Primary legislation
  150. House of Commons Disqualification Act 1975
  151. 1Paragraph 1
  152. The Employment Rights Act 1996
  153. 2Paragraph 2
  154. Part 2: Secondary Legislation
  155. Public Interest Disclosure (Prescribed Persons) Order 1999
  156. 3Paragraph 3
  157. Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
  158. 4Paragraph 4
  159. Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order2005
  160. 5Paragraph 5
  161. Explanatory note

1Citation, commencement and extentI1

(1)

This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011.

(2)

This Order shall come into force as follows—

(a)

this Article shall come into force on the day after the day on which this Order is made;

(b)

Schedules 1 and 2 (and Article 2 so far as relating to them) shall come into force on the day after the day on which this Order is made;

(c)

Schedule 3 (and Article 2 so far as relating to it) shall come into force on whichever is the later of—

(i)

the day section 3 of the Public Services Reform (Scotland) Act 2010f1 comes into force, and

(ii)

the day after the day on which this Order is made.

(3)

The modifications made by the Schedules have the same extent as the provisions being modified.

2Consequential modifications of enactmentsI1

The enactments mentioned in Schedules 1 to 3 are modified as there specified.

Signature

Signed by authority of the Secretary of State

David Mundell

Parliamentary Under Secretary of State

Scotland Office

Dover House

London

27th October 2011

1I1

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975f1 (other disqualifying offices)—

(a)

insert at the appropriate place—

“Chair of Creative Scotland.”;

(b)

omit the following entries—

“Chairman of the Scottish Arts Council.”

“Chairman of the Deer Commission for Scotland.”.

2I1

In Schedule 1 to the Public Contracts Regulations 2006f1 (GPA Annex 1 Contracting Authorities) omit “Deer Commission for Scotland”.

1I1

In section 10(9) of the Medicines Act 1968f1 (exemptions for pharmacists: definition of care home services) for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)f2” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)f3”.

2I1

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a)

in Part 2f1 (bodies of which all members are disqualified) at the appropriate places insert—

“Healthcare Improvement Scotland.”;

“Social Care and Social Work Improvement Scotland.”;

(b)

in Part 3f2 omit “Convenor or member of the Scottish Commission for the Regulation of Care.”.

3I1

In section 4(9)(b) of the Anatomy Act 1984f1 (lawful examination of body lying in accommodation provided by care home service) for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)”.

4I1

In the Adoption and Children Act 2002f1—

(a)

in section 131(1)(d) (supplementary provisions) for “Regulation of Care (Scotland) Act 2001 (asp 4)” substitute “Public Services Reform (Scotland) Act 2010 (asp 8)”;

(b)

in section 144(3) (general interpretation)—

(i)

for “Regulation of Care (Scotland) Act 2001 (asp 4)” substitute “Public Services Reform (Scotland) Act 2010 (asp 8)”;

(ii)

for “Part 1” substitute “Chapter 3 of Part 5”.

5I1

In section 133(4)(c) of the Nationality, Immigration and Asylum Act 2002f1 (disclosure by medical inspector to Health Service Body in relation to Scotland) after sub-paragraph (ii) insert—

“(iia)

Healthcare Improvement Scotland established under section 10A of the 1978  Act,f2”.

6I1

In the Income Tax (Earnings and Pensions) Act 2003f1—

(a)

in section 318(5)(b) (exemption for employer-provided childcare: registration requirements) for “Part 1 or 2 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”;

(b)

in section 318C(4) (childcare: meaning of “qualifying child care”)—

(i)

in paragraph (a)(i) for “within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001” substitute “as defined by paragraphs 12 and 13 respectively of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(ii)

in paragraph (a)(ii) for “Part 1” substitute “Chapter 3 of Part 5”;

(iii)

in paragraph (b)(i) for “within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001” substitute “as defined by paragraphs 12 and 13 respectively of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(iv)

in paragraph (b)(ii) for “Part 2” substitute “Chapter 4 of Part 5”.

7I1

In section 61 of the Finance Act 2003f1 (compliance with planning obligations), in the list of public authorities in subsection (3), after “A Health Board established under section 2(1)(a) of that Actf2” insert “Healthcare Improvement Scotland established under section 10A of that Act”.

8I1

In section 8(1) of the Age-Related Payments Act 2004f1 (interpretation), in paragraph (b) of the definition of “care home”, for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)”.

9I1

In section 726 of the Income Tax (Trading and Other Income) Act 2005f1 (meaning of “care provider”) for subsection (3) substitute—

“(3)

A person meets the care registration requirement in relation to care provided in Scotland if the person provides care as, or as part of, a service which is registered under—

(a)

Chapter 3 of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8), or

(b)

section 10Q of the National Health Service (Scotland) Act 1978 (c. 29).”.

10I1

In section 145(4) of the Health and Social Care Act 2008f1 (Human Rights Act 1998: provision of certain social care to be public function) for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)”.

11I1

In regulation 2(1) of the Misuse of Drugs (Safe Custody) Regulations 1973f1 (interpretation) for the definition of “care home service” substitute ““care home service” has the same meaning as in the Public Services Reform (Scotland) Act 2010;”.

12I1

In regulation 1(2) of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980f1 (interpretation) in the definitions of “independent clinic”, “independent hospital” and “independent medical agency” for “section 77(1)” to “2001” substitute “section 10F(2) of the National Health Service (Scotland) Act 1978”.

13I1

In article 1(2) of the Medicines (Pharmacy and General Sale- Exemption) Order 1980f1 (interpretation)—

(a)

in the definitions of “independent clinic”, “independent hospital” and “independent medical agency” for “section 77(1)” to “2001” substitute “section 10F(2) of the National Health Service (Scotland) Act 1978”;

(b)

in the definitions of “registered provider” and “relevant manager” for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “section 10P of the National Health Service (Scotland) Act 1978”.

14I1

In regulation 2(1) of the Income Support (General) Regulations 1987f1 (interpretation)—

(a)

in the definition of “care home” for “section 2(3) of the Regulation of Care (Scotland)Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

in the definition of “independent hospital” for “section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001” substitute “section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978”.

15I1

In regulation 1A of the Social Fund Cold Weather Payments (General) Regulations 1988f1 (prescribed description of persons)—

(a)

in paragraph (5)(a) in the definition of “care home” for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

in paragraph (5)(b) in the definition of “independent hospital” for “section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001” substitute “section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978”.

16I1

In regulation 1(2) of the National Health Service Trusts (Membership and Procedure) Regulations 1990f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

for “section 2, 10” substitute “sections 2, 10, 10A”.

17I1

In the Council Tax (Exempt Dwellings) Order 1992f1—

(a)

in article 3 (classes of exempt dwellings) in paragraph (a) of Class E insofar as that paragraph applies to England, for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

in article 3 in Class I for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.

18I1

In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992f1 (interpretation) —

(a)

for the definition of “care home service” substitute ““care home service” has the meaning assigned to it by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;”;

(b)

for the definition of “independent health care service” substitute ““independent health care service” has the meaning assigned to it by section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;”;

19I1

In regulation 7A of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992f1 (prescription for the purposes of jurisdiction) after paragraph (2)(k) insert—

“(l)

Healthcare Improvement Scotland constituted under section 10A of the 1978 Act.”.

20I1

In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996f1 (interpretation) —

(a)

in the definition of “care home” for “section 2(3) of the Regulation of Care (Scotland) Act 2001f2” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

in the definition of “independent hospital” for paragraph (c) substitute—

“(c)

in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;”.

21I1

In regulation 1(2) of the Health Authorities (Membership and Procedure) Regulations 1996f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

22I1

In article 1(2)(b) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996f1 (definition of health service employers) after paragraph (ii) insert—

“(iia)

Healthcare Improvement Scotland established under section 10A of the National Health Service (Scotland) Act 1978;”.

23I1

In Schedule 2 to the Social Security Benefit (Computation of Earnings) Regulations 1996f1 (child care charges to be deducted in the calculation of earnings) in paragraph 2 in the definition of “relevant child care charges” for paragraph (g) substitute—

“(g)

by—

(i)

persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010f2; or

(ii)

local authorities registered under section 83(1) of that Act,

where the care provided is child minding or day care of children within the meaning of that Act,”.

24I1

In article 1(2) of the Prescription Only Medicines (Human Use) Order 1997f1 (interpretation) —

(a)

in the definitions of “independent clinic”, “independent hospital” and “independent medical agency” for “section 77(1)” to “2001” substitute “section 10F(2) of the National Health Service (Scotland) Act 1978”;

(b)

in the definitions of “registered provider” and “relevant manager” for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “section 10P of the National Health Service (Scotland) Act 1978”.

25I1

In regulation 1(2) of the National Institute for Clinical Excellence Regulations 1999f1 (interpretation) insofar as those Regulations apply in England, in paragraph (b) of the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

26I1

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1 (prescribed persons) for the entry relating to the Scottish Commission for the Regulation of Care substitute—

“

Social Care and Social Work Improvement ScotlandMatters relating to the provision of care services, as defined in the Public Services Reform (Scotland) Act 2010.
Healthcare Improvement ScotlandMatters relating to the provision of independent health care services, as defined in the National Health Service (Scotland) Act 1978.f2

”

27I1

In section 8 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999f1 (social services) for paragraph 4ZA substitute—

“4ZA.

Social Care and Social Work Improvement Scotland.”.

28I1

In regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

29F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30I1

In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000f1 (interpretation)—

(a)

in the definition of “care home service” for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

for the definition of “independent health care service” substitute—

  • “”independent health care service” has the meaning assigned to it by section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;”.

31I1

In regulation 53(2)(k) of the Representation of the People (Scotland) Regulations 2001f1 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or any other disability) for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”.

32I1

In article 63B(6)(b) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001f1 (home reversion plans: definition of “care home” for purposes of definition of “qualifying termination event”) for ““care home” within the meaning of section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute ““care home service” within the meaning of paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”.

33I1

In regulation 2(1) of the Misuse of Drugs Regulations 2001f1 (interpretation) for the definition of “care home service” substitute ““care home service” has the same meaning as in the Public Services Reform (Scotland) Act 2010;”.

34I1

In the Disqualification from Caring for Children (England) Regulations 2002f1—

(a)

in regulation 2(11) (grounds for disqualification) at the end of sub-paragraph (b) insert—

“or Part 5 of the Public Services Reform (Scotland) Act 2010.”;

(b)

in the Schedule in paragraph 2 (offences in Scotland) after sub-paragraph (8) insert—

“(9)

An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following provisions of the Public Services Reform (Scotland) Act 2010—

(a)

section 78 (offences under regulations);

(b)

section 80 (offences in relation to registration); or

(c)

section 81 (false statements in applications).”.

35I1

In regulation 1(2) of the State Pension Credit Regulations 2002f1 (interpretation)—

(a)

for the definition of “care home service” substitute—

  • ““care home service” has the meaning assigned to it by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;”;

(b)

in the definition of “independent hospital” for paragraph (c) substitute—

“(c)

in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;”.

36I1

In regulation 14(2)(b) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002f1 (definition of child care)—

(a)

in paragraph (i) for “section 2” to “that Act;” substitute “schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act;”

(b)

in paragraph (ia) for “sections 2(7)” to “2001; or” substitute “paragraph 5 of schedule 12 to the Public Services Reform (Scotland) Act 2010; or”,

(c)

in paragraph (ii) for “section 2” to “Act; or” substitute “schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act; or”.

37I1

In regulation 1(3) of the Patients’ Forums (Membership and Procedure) Regulations 2003f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

38I1

In paragraph 23 of Schedule 2 to the European Parliamentary Elections Regulations 2004f1 (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or other disability) in sub-paragraph (2)(k)(ii), for “Part 1 of the Regulation of Care (Scotland) Act 2001” substitute “Part 5 of the Public Services Reform (Scotland) Act 2010”.

39I1

In paragraph 7(1) of Schedule 4 to the Communications (Television Licensing) Regulations 2004f1 (interpretation: Scotland) in the definition of “accommodation for residential care” for paragraph (a)(ii) substitute—

“(ii)

at which a care service is provided (within the meaning of section 47 of the Public Services Reform (Scotland) Act 2010) and that service is registered under Part 5 of that Act; or”.

40I1

In regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004f1 (interpretation) in the definition of “health service body” after paragraph (c) insert—

“(ca)

Healthcare Improvement Scotland established under the National Health Service (Scotland) Act 1978,”.

41I1

In the Annex to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004f1 (list of regulators) for “Scottish Commission for the Regulation of Care.” substitute—

“Healthcare Improvement Scotland.

Social Care and Social Work Improvement Scotland.”.

42I1

In the Schedule to the Disqualification from Caring for Children (Wales) Regulations 2004f1 (specified offences, relevant persons and relevant lists)—

(a)

after paragraph 12 insert—

“12A.

An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following provisions of the Public Services Reform (Scotland) Act 2010f2—

(a)

section 78 (offences under regulations);

(b)

section 80 (offences in relation to registration); or

(c)

section 81 (false statements in applications).”;

(b)

after paragraph 28(f)—

(i)

omit “or”, and

(ii)

insert—

“(fa)

the Public Services Reform (Scotland) Act 2010; or”;

(c)

after paragraph 30 insert—

“30A.

The person has at any time been refused registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or has had any such registration cancelled under section 64 or 65 of that Act.”.

43I1

Yn Atodlen 1 i Reoliadau Datgymhwyso rhag Gofalu am Blant (Cymru) 2004f1(tramgwyddau penodedig, personau perthnasol a restri perthnasol)—

(a)

ar ôl paragraff 12 mewnosoder—

“12A.

Tramgwydd mewn perthynas â gwasanaeth cartref gofal, gofal plant neu ofal dydd i blant, o dan neu yn rhinwedd unrhyw un neu ragor o ddarpariaethau canlynol Deddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010f2—

(a)

adran 78 (tramgwyddau o dan reoliadau);

(b)

adran 80 (tramgwyddau ynglŷn â chofrestru); neu

(c)

adran 81 (datganiadau ffug mewn ceisiadau).”;

(b)

ar ôl paragraff 28(dd)—

(i)

hepgorer “neu” a

(ii)

mewnosoder—

“(dda)

Deddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010; neu”;

(c)

ar ôl paragraff 30 mewnosoder—

“30A.

Gwrthodwyd i’r person, ar unrhyw adeg gofrestru, fel darparydd asiantaeth gofal plant o dan adran 59 o Ddeddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010 neu ddiddymwyd ei gofrestriad o dan adran 64 neu 65 o’r Ddeddf honno.”.

44I1

In regulation 1(3) of the Blood Safety and Quality Regulations 2005f1 (interpretation)—

(a)

in the definition of “care home” for “has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001” substitute “means a care home service within the meaning of paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

in the definitions of “independent clinic” and “independent hospital” for “section 2 of the Regulation of Care (Scotland) Act 2001” substitute “section 10F(2) of the National Health Service (Scotland) Act 1978”;

(c)

in the definition of “registered person” for paragraph (b) (ii) substitute—

“(ii)

section 10P of the National Health Service (Scotland) Act 1978f2, or section 59 of the Public Services Reform (Scotland) Act 2010 as appropriate;”.

45I1

In regulation 1(3) of the Health and Social Care Information Centre Regulations 2005f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

46I1

In article 2(3) of the Medicines for Human Use (Prescribing) Order 2005f1 (exemption to the restrictions imposed by sections 7 and 8 of the Medicines Act 1968) for “section 2(3) of the Regulation of Care (Scotland) Act 2001.f2” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010.”.

47I1

In regulation 1(3) of the NHS Institute for Innovation and Improvement Regulations 2005f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

48I1

In regulation 1(2) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

49I1

In regulation 1(2) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

50I1

In regulation 2(2)(d)(vi) of the Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005f1 (interpretation: responsible authorities in relation to Scotland), for “the Scottish Commission for the Regulation of Care” substitute “Social Care and Social Work Improvement Scotland”.

51I1

In the Housing Benefit Regulations 2006f1—

(a)

in regulation 2(1) (interpretation) in the definition of—

(i)

“care home” for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(ii)

“independent hospital” for paragraph (c) substitute—

“(c)

in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;”;

(b)

for regulation 28(8)(e) (treatment of child care charges) substitute—

“(e)

by—

(i)

persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010; or

(ii)

local authorities registered under section 83(1),

where the care provided is child minding or day care of children within the meaning of that Act; or”.

52I1

In the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1—

(a)

in regulation 2(1) (interpretation) in the definition of—

(i)

“care home” for “section 2(3) of the Regulation of Care (Scotland) Act 2001” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(ii)

“independent hospital” for paragraph (c) substitute—

“(c)

in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;”;

(b)

for regulation 31(8)(e) (treatment of child care charges) of that Act, substitute—

“(e)

by—

(i)

persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010; or

(ii)

local authorities registered under section 83(1),

where the care provided is child minding or day care of children within the meaning of that Act; or”.

53F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55I1

In regulation 1(2) of the Appointments Commission Regulations 2006f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

56I1

In the Controlled Drugs (Supervision of Management and Use) Regulations 2006f1—

(a)

in regulation 2(1) (interpretation)—

(i)

after the definition of “the health service” insert—

  • ““Healthcare Improvement Scotland” means Healthcare Improvement Scotland, as established under section 10A of the National Health Service (Scotland) Act 1978;”;

(ii)

omit the definition of “NHS Quality Improvement Scotland”;

(iii)

omit the definition of “Scottish Commission for the Regulation of Care”;

(iv)

in the definition of “Scottish independent hospital” for “77(1)” to “(interpretation)” substitute “10F(2) (meaning of “independent health care services”) of the National Health Service (Scotland) Act 1978”;

(v)

after the definition of “Scottish independent hospital” insert—

  • ““Social Care and Social Work Improvement Scotland” means Social Care and Social Work Improvement Scotland, as established under section 44 of the Public Services Reform (Scotland) Act 2010;f2”;

(b)

in regulation 5(7) (definitions: persons who may be appointed as accountable officers) for “regulation 17(1)” to “Regulations 2002” substitute—

“regulation 14 of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011f3”;

(c)

in regulation 18(3)(b) (bodies in Scotland in a local intelligence network) for paragraphs (ii) and (iii), substitute—

“(ii)

Social Care and Social Work Improvement Scotland,

(iii)

Healthcare Improvement Scotland, and”.

57I1

For regulation 9(2)(d) of the Childcare (Supply and Disclosure of Information) (England) Regulations 2007f1 (prescribed persons for the purpose of the provision of information) substitute—

“(d)

Social Care and Social Work Improvement Scotland;”.

58I1

In regulation 2(1) of the Employment and Support Allowance Regulations 2008f1 (interpretation)—

(a)

in the definition of “care home” for “section 2(3) of the Regulation of Care (Scotland) Act 2001f2” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010”;

(b)

in the definition of “independent hospital” for paragraph (c) substitute—

“(c)

in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;f3”.

59I1

For regulation 5(2)(h)(ii) of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008f1 (prescribed descriptions of information) substitute—

“(ii)

Social Care and Social Work Improvement Scotland, pursuant to Part 5 of the Public Services Reform (Scotland) Act 2010;”.

60I1

In regulation 1(2) of the Care Quality Commission (Membership) Regulations 2008f1 (interpretation) in the definition of “NHS Body” after paragraph (h) insert—

“(ha)

Healthcare Improvement Scotland constituted under section 10A of the National Health Service (Scotland) Act 1978;”.

61I1

In regulation 1(3) of the National Information Governance Board Regulations 2008f1 (interpretation) in the definition of “health service body”—

(a)

after “Scottish Health Service” insert “, Healthcare Improvement Scotland”;

(b)

after “sections 4, 10” insert “, 10A”.

62I1

In regulation 1(2) of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009f1 (interpretation) in the definition of “health service body”—

(a)

after “Special Health Board” insert “, Healthcare Improvement Scotland”;

(b)

after “constituted under section 2,” insert “ 10A,”.

63I1

Yn rheoliad 1(2) o Reoliadau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru (Aelodaeth a Gweithdrefn) 2009f1 (dehongli) yn y diffiniad o “corff gwasanaeth iechyd” —

(a)

ar ôl “Bwrdd Iechyd Arbennig” rhodder “, Gwella Gofal Iechyd yr Alban”;

(b)

ar ôl “a gyfansoddwyd yn y drefn hon o dan adrannau 2,” rhodder “10A,”.

64I1

In the Childcare (Disqualification) Regulations 2009f1—

(a)

in Schedule 1 (orders etc. relating to the care of children)—

(i)

in paragraph 16 (refusal or cancellation of registration)—

(aa)

omit “or” where it occurs after sub-paragraph (e);

(bb)

after sub-paragraph (f) insert—

“; or

(g)

Part 5 of the Public Services Reform (Scotland) Act 2010.”;

(ii)

in paragraph 19 (refusal of or disqualification from registration)—

(aa)

omit “or” where it occurs after sub-paragraph (h);

(bb)

after sub-paragraph (i) insert—

“; or

(j)

Part 5 of the Public Services Reform (Scotland) Act 2010.”;

(iii)

after paragraph 22 (refusal or cancellation of registration), insert—

“22A.

Refusal at any time of P’s application for registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or cancellation of any such registration under section 64 or 65 of that Act.”;

(b)

in Schedule 2, after paragraph 1(6) insert—

“(7)

An offence under any of the following sections of the Regulation of Care (Scotland) Act 2001—

(a)

section 21 (offences in relation to registration);

(b)

section 22 (false statements in applications); or

(c)

section 29(10) (offences under regulations).”;

(c)

in Schedule 3 (specified offences), for paragraph 2(8) (offences relating to a care home service, child minding or day care of children) substitute—

“(8)

An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following sections of the Public Services Reform (Scotland) Act 2010—

(a)

section 78 (offences under regulations);

(b)

section 80 (offences relating to registration); or

(c)

section 81 (false statements in applications).”.

65I1

In the Child Minding and Day Care (Disqualification) (Wales) Regulations 2010f1—

(a)

in Schedule 1 (orders etc. relating to the care of children)—

(i)

in paragraph 17 (refusal or cancellation of registration)—

(aa)

omit “or” where it occurs after sub-paragraph (e);

(bb)

after sub-paragraph (f) insert—

“;or

(g)

Part 5 of the Public Services Reform (Scotland) Act 2010.”;

(ii)

in paragraph 20 (refusal of or disqualification from registration)—

(aa)

omit “or” where it occurs after sub-paragraph (h);

(bb)

after sub-paragraph (i) insert—

“;or

(j)

Part 5 of the Public Services Reform (Scotland) Act 2010.”;

(iii)

after paragraph 23 (refusal or cancellation of registration) insert—

“23A.

Refusal at any time of P’s application for registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or cancellation of any such registration under section 64 or 65 of that Act.”;

(b)

in Schedule 2 (repealed statutory offences) after paragraph 1(6) insert—

“(7)

An offence under or by virtue of any of the following sections of the Regulation of Care (Scotland) Act 2001—

(a)

section 21 (offences in relation to registration);

(b)

section 22 (false statements in applications); or

(c)

section 29(10) (offences under regulations).”;

(c)

in Schedule 3 (specified offences) for paragraph 2(8) (offences relating to a care home service, child minding or day care of children) substitute—

“(8)

An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following sections of the Public Services Reform (Scotland) Act 2010—

(a)

section 78 (offences under regulations);

(b)

section 80 (offences relating to registration); or

(c)

section 81 (false statements in applications).”.

66I1

Yn Rheoliadau Gwarchod Plant a Gofal Dydd (Anghymhwyso) (Cymru) 2010f1—

(a)

yn Atodlen 1 (gorchmynion etc mewn perthynas â gofal plant).

(i)

ym mharagraff 17 (gwrthod neu ddiddymu cofrestriad)—

(aa)

hepgorer “neu” pan fo’n digwydd ar ôl is-baragraff (d);

(bb)

ar ôl is-baragraff (dd) mewnosoder—

“;neu

(e)

Rhan 5 o Ddeddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010.”;

(ii)

ym mharagraff 20 (gwrthod neu anghymhwyso rhag cofrestriad)—

(aa)

hepgorer “neu” pan fo’n digwydd ar ôl is-baragraff (f);

(bb)

ar ôl is-baragraff (ff) mewnosoder—

“;neu

(g)

Rhan 5 o Ddeddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010.”;

(iii)

ar ôl paragraff 23 (gwrthod neu ddiddymu cofrestriad) mewnosoder—

“23A.

Gwrthod, ar unrhyw adeg, cais gan P i gofrestru fel darparwr asiantaeth gofal plant o dan adran 59 o Ddeddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010 neu ddiddymu unrhyw gofrestriad o’r fath o dan adran 64 neu 65 o’r Ddeddf honno.”;

(b)

yn Atodlen 2 (tramgwyddau statudol a ddiddymwyd) ar ôl paragraff 1(6) mewnosoder—

“(7)

Tramgwydd o dan neu yn rhinwedd unrhyw un neu ragor o adrannau canlynol Deddf Rheoleiddio Gofal (Yr Alban) 2001—

(a)

adran 21 (tramgwyddau ynglŷn â chofrestru);

(b)

adran 22 (datganiadau ffug mewn ceisiadau); neu

(c)

adran 29(10) (tramgwyddau o dan reoliadau).”;

(c)

yn Atodlen 3 (tramgwyddau penodedig) rhodder y canlynol yn lle paragraff 2(8) (tramgwyddau mewn perthynas â gwasanaeth cartref gofal, gwarchod plant neu ofal dydd i blant)—

“(8)

Tramgwydd mewn perthynas â gwasanaeth cartref gofal, gofal plant neu ofal dydd i blant, o dan neu yn rhinwedd unrhyw un neu ragor o adrannau canlynol Deddf Diwygio’r Gwasanaethau Cyhoeddus (Yr Alban) 2010—

(a)

adran 78 (tramgwyddau o dan reoliadau);

(b)

adran 80 (tramgwyddau ynglŷn â chofrestru); neu

(c)

adran 81 (datganiadau ffug mewn ceisiadau).”.

67I1

In paragraph 18 of the Schedule to the Medical Profession (Responsible Officers) Regulations 2010f1 (designated bodies) for “section 2(5) of the Regulation of Care (Scotland) Act 2001” substitute “section 10F(1)(a) to (d) of the National Health Service (Scotland) Act 1978”.

1I1

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975f1 (bodies of which all members are disqualified) omit “A Water Customer Consultation Panel.”.

2I1

In section 50(2)(h) of the Employment Rights Act 1996f1 (right to time off for public duties) omit “or a Water Customer Consultation Panel”.

3I1

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1 (prescribed persons) omit the entry in the first column for “The Convener of the Water Customer Consultation Panels and any member of those Panels” and the corresponding description in the second column.

4I1

In the Annex to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004f1 (list of regulators) omit “Convener of the Water Customer Consultation Panels and any member of those Panels.”.

5I1

The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005f1 is amended as follows—

(a)

in article 2(1) (interpretation) omit the entry for “the Convener of the Water Customer Consultation Panels”;

(b)

in article 3(10)(a) (references to the Commission)—

(i)

after paragraph (ii) insert “and”;

(ii)

omit “and” where it occurs after paragraph (iii); and

(iii)

omit paragraph (iv);

(c)

in article 4(4)(a) (references: time limits)—

(i)

after paragraph (ii) insert “and”;

(ii)

omit “and” where it occurs after paragraph (iii); and

(iii)

omit paragraph (iv);

(d)

in article 7(9)(a) (reports on references)—

(i)

after paragraph (ii) insert “and”;

(ii)

omit “and” where it occurs after paragraph (iii); and

(iii)

omit paragraph (iv);

(e)

in article 8(5)(a) (modifications following report)—

(i)

after paragraph (ii) insert “and”;

(ii)

omit “and” where it occurs after paragraph (iii); and

(iii)

omit paragraph (iv);

(f)

in article 9(7)(a) (Commission’s power of veto following report)—

(i)

after paragraph (iii) insert “and”;

(ii)

omit “and” where it occurs after paragraph (iv); and

(iii)

omit paragraph (v).

Explanatory note

(This note is not part of the Order)

This Order makes modifications to primary and secondary legislation in consequence of the Public Services Reform (Scotland) Act 2010 (asp 8) (“the Act”) and secondary legislation made under the Act.

Schedule 1 makes modifications to primary legislation consequential on the establishment of Creative Scotland by section 36 of the Act and the dissolution of the Scottish Arts Council by section 41 of the Act and makes modification to primary and secondary legislation consequential on the dissolution of the Deer Commission for Scotland by section 1 of the Act.

Schedule 2 makes modifications to primary and secondary legislation consequential on: the establishment of Social Care and Social Work Improvement Scotland by section 44 of the Act, the establishment of Healthcare Improvement Scotland by section 108 of the Act and the dissolution of the Scottish Commission for the Regulation of Care by section 52 of the Act.

Schedule 3 makes modifications to primary and secondary legislation consequential on the abolition of the position of the Convenor of the Water Customer Consultation Panels and the dissolution of the Water Customer Consultation Panels by section 3 of the Act.