Public Services Reform (Scotland) Act 2010

[^key-bfa7ff663646c65d987aab890e0b2cbd]: Words in sch. 8 inserted (1.10.2021) by UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4), s. 51(2), sch. 1 para. 15(4) (with s. 48(2)); S.S.I. 2021/304, reg. 2(b)

[^key-39cd2720179c03fbdf36aeaf29e7ee86]: Sch. 5 entry inserted (1.4.2022) by Consumer Scotland Act 2020 (asp 11), s. 29(2), sch. 2 para. 5(a); S.S.I. 2021/464, reg. 2

[^key-e85ccf98aef7b4b6dddcd9005015f386]: Sch. 8 entry inserted (1.4.2022) by Consumer Scotland Act 2020 (asp 11), s. 29(2), sch. 2 para. 5(b); S.S.I. 2021/464, reg. 2

[^key-2a211a7b1e55f5176907088d1438c6d2]: S. 101 substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 38(2), 59(1)

[^M_F_d008f57f-fe40-4601-e4f1-a296d82254e0]: S. 53A inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 22(2) (with s. 9) (which affecting provision is suspended (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 3(1), 11(2); and which affecting provision expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1))

[^M_F_79b66d52-f2bf-4832-eb2f-5f5c7f1bb275]: Ss. 63A, 63B and cross-heading inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 16(2) (with s. 9) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1))

[^M_F_8608c8a9-7a7d-48d1-e6a2-9a48cf5347d5]: Ss. 65A, 65B inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 17(2) (with s. 9) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1))

[^M_F_8503aba7-3b0a-4bd0-a79d-069d53034899]: Ss. 65A, 65B inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 17(2) (with s. 9); but then repealed (1.10.2022) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1)

[^M_F_55464e2e-b7fd-4f50-b7b3-ba40fcab6dd7]: S. 79A inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 23(2) (with s. 9) (which affecting provision is suspended (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 3(1), 11(2)); and which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1))

[^key-0a3e0ddf9bdbb64baeb73ff8d8440afb]: Words in s. 3(4) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 3(2)(a) (with reg. 3)

[^key-b7e72f1e48eca4697da29380e652c44a]: Words in s. 3(5) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 3(2)(b) (with reg. 3)

[^key-414ac3e410dcea512d5ae8ef821d4e59]: S. 3(8) omitted (10.11.2022) by virtue of The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 3(2)(c) (with reg. 3)

[^key-27d32f77657110e0aaec11f97a8a7a53]: Sch. 8 entry inserted (15.2.2024) by Good Food Nation (Scotland) Act 2022 (asp 5), s. 28(2), sch. para. 21(4); S.S.I. 2024/29, reg. 2(1)(2), sch. 1

[^key-440884fe6be680c50f1f7f641b74c8f9]: Pt. 5 Ch. 3A inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 12(2), 15(2); S.S.I. 2024/20, reg. 2(2) (as amended by The Health and Care (Staffing) (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/127), regs. 1, 3(4))

[^key-bd83bbf9c7af7e4df604b91da0242577]: Words in s. 60(3)(a) inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 13(1)(a), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-a7dba4c0161c7033596a3b75a0c103eb]: Words in s. 104(2) substituted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 13(1)(b), 15(2); S.S.I. 2024/20, reg. 2(2)

[^key-7fc64d15aa7b81d753fd8a71bfa7bb13]: Words in sch. 5 inserted (27.4.2024) by The National Smart Ticketing Advisory Board (Public Services Reform) (Scotland) Order 2024 (S.S.I. 2024/129), arts. 1, 2

[^key-ce90d704612e0fd11365653a3849ded5]: Words in sch. 5 inserted (1.5.2024) by Patient Safety Commissioner for Scotland Act 2023 (asp 6), s. 24(2), sch. 2 para. 3(2); S.S.I. 2024/110, reg. 2(1)

[^key-679c1f1734cb655de304a33a98631625]: Words in sch. 6 inserted (1.5.2024) by Patient Safety Commissioner for Scotland Act 2023 (asp 6), s. 24(2), sch. 2 para. 3(3); S.S.I. 2024/110, reg. 2(1)

[^key-d9f6a9b4f8fb5fef6682c1820d1afa31]: Words in sch. 8 inserted (1.5.2024) by Patient Safety Commissioner for Scotland Act 2023 (asp 6), s. 24(2), sch. 2 para. 3(4); S.S.I. 2024/110, reg. 2(1)

[^key-a56719fe024369f5618c04fc1dc87a6a]: S. 108 in force at 19.6.2024 for specified purposes by S.S.I. 2024/131, art. 2, sch. 1

[^key-f8199926f9ec608c91a3be098332ceae]: S. 110 in force at 19.6.2024 for specified purposes by S.S.I. 2024/131, art. 2, sch. 1

[^key-f5035a0a300ea3a835cd334fc898d3fb]: S. 109 in force at 19.6.2024 for specified purposes by S.S.I. 2024/131, art. 2, sch. 1

[^key-9cd80d2fb59784066aeac02be0e8bfea]: Words in sch. 13 repealed (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 23(2); S.S.I. 2024/211, reg. 2(j)(iii) (with reg. 3)

[^key-25bc7846472f78061514e34d2b2ef1ee]: Words in sch. 5 inserted (7.10.2024) by The Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024 (S.S.I. 2024/190), arts. 1, 3

[^key-cba7479837633e9dceea8e9df2646ccb]: Words in sch. 8 inserted (7.10.2024) by The Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024 (S.S.I. 2024/188), regs. 1, 2

[^key-39877472a93bee41f3d9a499522963e2]: Words in sch. 5 inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), s. 27(2), sch. para. 4(2); S.S.I. 2025/10, reg. 3(g)

[^key-2e3a8564e0fa6f8d2cda5597ef9970b3]: Words in sch. 8 inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), s. 27(2), sch. para. 4(3); S.S.I. 2025/10, reg. 3(g)

[^key-eb666b8a0c2de4e208de11f5c1b1fa88]: S. 108 in force at 19.6.2025 for specified purposes by S.S.I. 2024/131, art. 2, sch. 2

[^key-6fdfaf83dc5734640e5d227e25b4f6a4]: S. 110 in force at 19.6.2025 for specified purposes by S.S.I. 2024/131, art. 2, sch. 2

[^key-9e94c51564b93bed78ea1d6ef6906d03]: S. 109 in force at 19.6.2025 for specified purposes by S.S.I. 2024/131, art. 2, sch. 2

[^key-3661c062d28124df8c5602d5f4b209d2]: S. 59A inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 28(3), 38(3); S.S.I. 2025/115, reg. 2(2)(b)

[^key-2d951bee1933a974aeeb1fc35c4a511a]: Words in s. 105(1) inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 28(5)(a), 38(3); S.S.I. 2025/115, reg. 2(2)(b)

[^key-6a8c1e05dcd8a397ce4449b2a072e7fe]: Words in s. 105(1) inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 28(5)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(b)

[^key-f17644d8d6f1883efdba404bbd78361d]: Words in s. 105(1) inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 28(5)(c), 38(3); S.S.I. 2025/115, reg. 2(2)(b)

[^key-dc29a23a69614535e47bd1f7644c758d]: S. 60(4)(5) excluded (temp.) (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 3(5)

[^key-c576830c723706a78802c1508a470c45]: S. 70(4) excluded in part (temp.) (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 3(5)

[^key-4fef1dbcd0ca7db6e6c0a0005fa76893]: S. 73(1)(2) excluded (temp.) (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 3(5)

[^key-c0c6e4924f4b1a152ab1c2f179262791]: S. 76(2)(b) excluded (temp.) (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 3(5)

[^key-5e3ee0564e96d4e4a22838f3cbc4c134]: S. 101(2) excluded (temp.) (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 3(5)

[^key-94e184cc512880d760ed1b3a635ec825]: Sch. 12 para. 19A inserted (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 2(5) (with art. 3)

[^key-daeef4fd90a419d7e1d6523d1a0d6413]: S. 47(1)(n) inserted (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 2(2) (with art. 3)

[^key-861b5977e149c5c926a7fee40e7c9347]: S. 74(f) and word inserted (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 2(3)(b) (with art. 3)

[^key-505acb6ffb941756549792c559640b15]: Word in s. 74(d) omitted (19.11.2025 and 20.11.2025 for specified purposes) by virtue of The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 2(3)(a) (with art. 3)

[^key-911b43f269bf72735200b8ec61636fa8]: Words in s. 105(1) inserted (19.11.2025 and 20.11.2025 for specified purposes) by The Regulation of Care (Child Contact Services) (Scotland) Order 2025 (S.S.I. 2025/356), arts. 1(2)(3), 2(4) (with art. 3)

[^key-cd4a5b1ee21b9e7b6fa2cbd40d362e39]: S. 64(1A) inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 22(2)(b), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

[^key-2d06fe51d8c00f0a374d253df561a818]: Words in s. 64(1) repealed (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 22(2)(a), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

[^key-b05975ca60b8cd7b687a77c444a716fa]: S. 57A inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 23(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

[^key-06b35f04ff6a3ea7988b3ac2a75806af]: Words in sch. 5 inserted (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 5(2)(a); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

[^key-cb01e584b54d740a53e733893a7892b0]: Words in sch. 5 repealed (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 5(2)(b); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

[^key-30352cab8815cff672880ea3d4b30dee]: Words in sch. 8 inserted (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 5(3)(a); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

[^key-3fe30e4b76563c0cda18b12b9b76f952]: Words in sch. 8 repealed (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 5(3)(b); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

[^key-c472be03972932012a89404eab53ff96]: Words in sch. 8 inserted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 18(2); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-8a5690299d95933ad2d35d210fe59055]: Words in sch. 19 substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 18(3); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-659e13ed3be1a85c23d7fe8b806bcbdc]: Words in sch. 20 substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 18(4); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-8d6c8d6226d5849668a6d4440b44b640]: Words in s. 115(6) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 25(2); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-ce9d14d652081f913c20eb5547dd753f]: 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

[^key-4e4c98540a63dc02a2f630244376c640]: Words in sch. 5 inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 70(2)(a), 73(2); S.S.I. 2025/260, reg. 3, sch. Pt. 2

[^key-33b32906865f6d5a260b00c704d7fb70]: Words in sch. 8 inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 70(2)(b), 73(2); S.S.I. 2025/260, reg. 3, sch. Pt. 2

After Schedule 5 to the National Health Service (Scotland) Act 1978 (c. 29) there is inserted—

Participation in joint inspections

Variation, revocation and review of directions

Delegation of functions

Reorganisation of charities

Interpretation of Part 9

Local Government (Scotland) Act 1973: minor amendment

Consultation by water and sewerage services providers

Ancillary provision

Dissolution of Scottish Records Advisory Council

Delegation of certain functions of Forestry Commissioners under Forestry Act 1967

Regulation of officers of court

Public functions: efficiency, effectiveness and economy

Preconditions

Public functions: duty to provide information on exercise of functions

General functions of Creative Scotland

Transfer of staff etc. to Healthcare Improvement Scotland

Healthcare Improvement Scotland: constitution, etc.

Scrutiny: user focus

Joint inspections

Reorganisation of restricted funds

Appointment of charity trustees

Interpretation of Part 9

Local Government (Scotland) Act 1973: minor amendment

Complaints about water services and sewerage services providers

116A

• (1) Social Care and Social Work Improvement Scotland (“SCSWIS”) and Healthcare Improvement Scotland (“HIS”) may jointly conduct an inspection in relation to—

• (a) any social services, services provided under the health service or services provided by an independent health care service which are provided in pursuance of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), or

• (b) a local authority, Health Board or integration joint board (as defined in section 1(4)(a) of the 2014 Act) which is required by section 29 of the 2014 Act to prepare a strategic plan.

• (2) The purposes of an inspection under this section may be any of those mentioned in section 10I(1) or (1B) or 10J(2) of the National Health Service (Scotland) Act 1978 or section 53(2) of this Act.

• (3) On the request of SCSWIS and HIS, any other person or body mentioned in section 115(6) may conduct an inspection under subsection (1) jointly with SCSWIS and HIS.

• (4) In conducting an inspection under this section, SCSWIS and HIS must have regard to any code of practice or practice note issued by the Scottish Ministers for the purpose of—

• (a) giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality, such matters as access to confidential information and the holding, sharing and destruction of such information),

• (b) promoting what appear to them to be desirable practices with regard to such matters.

• (5) After conducting an inspection under this section, SCSWIS and HIS must—

• (a) prepare a report, and

• (b) give any person to whom the report relates an opportunity to comment on the report.

• (6) SCSWIS and HIS must—

• (a) give the report to the Scottish Ministers,

• (b) give copies of the report to any person to whom the report relates, and

• (c) make copies of the report available at their offices for inspection by any person at any reasonable time.

• (7) In this section—

• “independent health care service” has the meaning given by section 10F of the National Health Service (Scotland) Act 1978;

• “social services” has the meaning given by section 46.

The Mental Welfare Commission for Scotland

User focus: guidance etc.

Participation in joint inspections

Consultation by water and sewerage services providers

Ancillary provision

53A

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

...

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

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

65A

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

65B

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

79A

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

Healthcare Improvement Scotland

The Mental Welfare Commission for Scotland

Scrutiny: user focus

Joint inspections

Reorganisation of charities

Consultation by water and sewerage services providers

Complaints about water services and sewerage services providers

CHAPTER 3A — Care services: staffing

82A

• (1) SCSWIS may develop and recommend to the Scottish Ministers staffing methods for use by persons who provide—

• (a) care home services for adults, and

• (b) such other care services as the Scottish Ministers may by regulations specify.

• (2) In developing such methods, SCSWIS must collaborate with—

• (a) the Scottish Ministers,

• (b) Healthcare Improvement Scotland,

• (c) the Scottish Social Services Council,

• (d) every Health Board,

• (e) every local authority,

• (f) every integration authority,

• (g) such persons as SCSWIS considers to be representative of the providers and users of the care services to whom the staffing methods are to apply,

• (h) such trade unions and professional bodies as SCSWIS considers to be representative of individuals working in those care services, and

• (i) such other persons as SCSWIS considers appropriate.

• (3) In undertaking such collaboration, SCSWIS and those other persons must have regard to—

• (a) any guidance issued by the Scottish Ministers about the operation of this section, and

• (b) the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019.

• (4) The Scottish Ministers must publish any guidance issued under subsection (3)(a).

• (5) A staffing method developed and recommended under subsection (1) must include the use of staffing level tools designed to provide—

• (a) quantitative information relating to workload, based on the needs of service users, and

• (b) quantitative or qualitative information relating to professional judgement,

in order to assist in determining the appropriate staffing levels for a care service.

• (6) A staffing method developed and recommended under subsection (1) may require persons who provide care services to put and keep in place risk management procedures that are appropriate to the care services provided.

• (7) A staffing method developed and recommended under subsection (1) may include, in particular, the taking into account of—

• (a) the current staffing levels of a care service and any vacancies,

• (b) the local context in which a care service is provided,

• (c) the physical environment in which a care service is provided,

• (d) any assessment of the quality of a care service,

• (e) the needs of the users of a care service,

• (f) comments by the users of a care service, and by individuals who have a personal interest in their care (for example family members and carers within the meaning of section 1 of the Carers (Scotland) Act 2016), which relate to the duty imposed by section 7 of the Health and Care (Staffing) (Scotland) Act 2019,

• (g) comments by the individuals working in a care service which relate to the duty imposed by section 7 of the Health and Care (Staffing) (Scotland) Act 2019,

• (h) recommendations of senior care sector or health care professionals with qualifications and experience that are appropriate to the care services in question,

• (i) the standards and outcomes applicable to care services published by the Scottish Ministers under section 50,

• (j) such indicators or measures relating to the quality of care as SCSWIS considers appropriate,

• (k) such guidance, published by professional bodies of the kind described in subsection (2)(h) or by other bodies with experience in relevant fields, as SCSWIS considers appropriate, and

• (l) such clinical evidence and research as SCSWIS considers appropriate.

82B

• (1) Following the development and recommendation by SCSWIS under section 82A or 82C of a staffing method for use by persons who provide care services, the Scottish Ministers may by regulations require the use of that method (with or without modifications) by persons who provide those care services.

• (2) Regulations under subsection (1) may prescribe—

• (a) the types of care settings and individuals working in a care service in relation to which, and whom, a staffing method is to be used,

• (b) the minimum frequency at which a staffing method is to be used, and

• (c) the staffing level tools for the purpose of section 82A(5).

82C

• (1) SCSWIS may—

• (a) carry out reviews, from time to time as it considers appropriate, of the effectiveness of any staffing method which has been prescribed by the Scottish Ministers under section 82B (including any revised methods which have been developed under this section), and

• (b) where it considers that any such method is no longer effective, recommend the revocation or replacement of the method to the Scottish Ministers.

• (2) SCSWIS may develop and recommend to the Scottish Ministers revised staffing methods for use by persons who provide care services.

• (3) Subsections (2), (3), (5) , (6) and (7) of section 82A apply to the redevelopment of staffing methods under this section as they apply to their development under that section.

• (4) The Scottish Ministers may direct SCSWIS to develop a revised staffing method for use in relation to a particular kind of care service specified in the direction.

82D

• (1) SCSWIS may carry out reviews, from time to time as it considers appropriate, of the effectiveness of the operation of the duty under section 7 of the Health and Care (Staffing) (Scotland) Act 2019.

• (2) Having carried out a review under subsection (1), SCSWIS may publish a report to the Scottish Ministers on the operation of that duty.

• (3) A report under subsection (2) may be published in such manner as SCSWIS considers appropriate.

82E

• (1) When SCSWIS is developing a staffing level tool as part of a staffing method under section 82A or a revised staffing method under section 82C, it must consider whether the tool should apply to more than one professional discipline.

• (2) SCSWIS may at any time recommend to the Scottish Ministers that a staffing level tool which has been prescribed as part of a staffing method by the Scottish Ministers under section 82B should apply to more than one professional discipline.

82F

In this Chapter—

• “care home services for adults” means care home services provided for individuals who have reached the age of 18 years,

• “care services” excludes care services provided by individuals who do not employ, or have not otherwise made arrangements with, other persons to assist with the provision of that service,

• “integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014,

• “working in a care service”, in relation to an individual, includes—working for payment or as a volunteer, andworking under a contract of service or apprenticeship, a contract for services or otherwise than under a contract.

59A

• (1) This section applies to an application made under section 59(1) for registration of any of the following care services—

• (a) a care home service which is to be provided wholly or mainly to children,

• (b) a school care accommodation service,

• (c) a secure accommodation service.

• (2) In addition to giving the information mentioned in section 59(2), the application must—

• (a) give such information as may be prescribed about matters relating to cross-border placements,

• (b) confirm that notice of the application has been given in the prescribed form to the persons mentioned in subsection (3), who are responsible for preparing a children’s services plan in accordance with Part 3 of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).

• (3) Those persons are—

• (a) the local authority for each area in which the service is to be provided, and

• (b) the relevant health board (as defined by section 7(1) of the 2014 Act) for each such area.

• (4) If an application does not include the confirmation required by subsection (2)(b), SCSWIS may not consider the application until such confirmation is given.

19A

A “child contact service” is a service which has as its sole or main purpose the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person); but the expression does not include a social work service.

57A

• (1) Healthcare Improvement Scotland may assist SCSWIS in carrying out an inspection under this Part.

• (2) Healthcare Improvement Scotland may charge a reasonable fee determined by it for any assistance provided by virtue of subsection (1).

Regulations under section 78: visits to and by adult care home residents

78B

• (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—

• (a) identify for every resident of accommodation provided by the care home service at least one individual as an Essential Care Supporter, unless—

• (i) doing so would be contrary to the resident’s wishes, or

• (ii) nobody can be identified who is able and willing to be the resident’s Essential Care Supporter, and

• (b) maintain a record of the Essential Care Supporters identified.

• (2) The Scottish Ministers must set out in regulations under section 78(2)—

• (a) the criteria to be applied in determining who a resident’s Essential Care Supporter is, and

• (b) the consultative process with the resident and others by which that determination is to be made.

• (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.

78C

• (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 facilitate visits—

• (a) to residents of accommodation provided by the care home service (“internal visits”),

• (b) by residents of accommodation provided by the care home service (“external visits”).

• (2) The duty must be framed so that a provider of a care home service may only suspend visits (specifically or generally) if the provider has reasonable cause to believe that it is essential to do so to prevent a serious risk to the life, health or wellbeing of—

• (a) in the case of internal visits, persons at the accommodation,

• (b) in the case of external visits (either or both)—

• (i) persons at the accommodation, or

• (ii) persons at the place where the visit would take place, but for the suspension.

• (3) The duty must also be framed so that, where a provider of a care home service has suspended visits due to a serious risk of a kind described in subsection (2), the provider must take all reasonable steps to eliminate or substantially mitigate the risk so that the suspension of visits can be lifted as soon as practicable.

• (4) The duty must also be framed so that, even in cases where a provider of a care home service has reasonable cause to believe that suspending visits is essential to prevent a serious risk, the provider must continue to facilitate visits to or by a resident if—

• (a) either—

• (i) the provider has reasonable cause to believe that, before the suspension of visits is lifted, the resident will have—

• (A) died, or

• (B) undergone, or begun to undergo, a significant deterioration in physical or mental condition, or

• (ii) the provider has reasonable cause to believe that—

• (A) the suspension of visits is causing, or is likely to cause, serious harm to the resident’s health or wellbeing, and

• (B) that harm outweighs the serious risk, and

• (b) the resident and the person visiting, or being visited by, the resident agree to take any action or precaution that the provider reasonably considers would mitigate the serious risk to any extent (other than a negligible one).

• (5) The duty must also be framed so as to create a presumption that the suspension of visits to a resident by the resident’s Essential Care Supporter is likely to cause serious harm to the resident’s health or wellbeing.

• (6) Subsection (4) does not preclude the duty from being framed so as to include other circumstances in which visits to or by a resident must continue to be facilitated.

• (7) The duty must also 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.

• (8) Facilitating external visits, as mentioned in subsection (1), does not entail a provider of a care home service—

• (a) taking, or accompanying, a resident somewhere outwith accommodation provided by the care home service, or

• (b) arranging or paying for someone else to do so.

78D

• (1) The Scottish Ministers must exercise the power under section 78(2) to impose a duty on the providers of care home services for adults to—

• (a) review, following a valid request, its decision about the suspension of internal or external visits,

• (b) notify SCSWIS when the provider suspends internal or external visits.

• (2) The duties described by subsection (1) must be framed—

• (a) to define what constitutes a valid request to a provider for the purposes of the duty,

• (b) so that a provider of a care home service must have regard to the code published under section 78E in carrying out the duties.

• (3) Subsection (1)(b) does not preclude the duty from being framed so as to create exceptions to the requirement to notify SCSWIS in relation to the suspension of internal or external visits.

• (4) In this section—

• (a) references to internal and external visits are to be construed in accordance with section 78C(1),

• (b) references to suspending them cover doing so specifically or generally.

78E

• (1) The Scottish Ministers must prepare a code of practice providing guidance on fulfilling the duties imposed in accordance with sections 78B(1), 78C(1) and 78D(1).

• (2) The code must provide that in fulfilling those duties the following are to be treated as paramount considerations—

• (a) the importance to residents of visits in—

• (i) promoting their dignity,

• (ii) promoting their physical and mental health and emotional wellbeing, and

• (iii) realising their human rights,

• (b) the importance of recognising and supporting the vital role that people who are not care home staff (for example close relatives and friends) play, alongside staff, in providing their loved ones with regular care (including companionship, personal support and advocacy).

• (3) The code may—

• (a) provide guidance on how to—

• (i) implement an effective visiting policy,

• (ii) adapt personal care plans to include residents’ visiting preferences or requirements,

• (iii) communicate timeously in writing with those affected about any change to visiting arrangements including the reasons for the change,

• (b) set out what the Scottish Ministers consider constitutes best practice in—

• (i) facilitating visits,

• (ii) care home staff working collaboratively with residents and their friends and families to facilitate visits in the way that best supports residents’ needs,

• (c) give examples of—

• (i) the means which providers could use to eliminate or mitigate a serious risk of a kind described in section 78C(2),

• (ii) factors which may be taken into account in making an assessment about whether the harm caused to a resident in suspending visits outweighs the risk,

• (d) any other guidance relating to fulfilling the duties mentioned in subsection (1) that the Scottish Ministers consider appropriate.

• (4) The Scottish Ministers must—

• (a) publish the code in a manner that is accessible to the public within the period of one year beginning with the day on which this section comes into force,

• (b) review and, if they consider it appropriate, prepare and publish a new version of the code in such manner as they consider appropriate by the end of each review period, and

• (c) take such steps as they consider appropriate to promote awareness of the code to providers of care home services for adults.

• (5) In carrying out a review of the code, the Scottish Ministers must—

• (a) have particular regard to any representations that have been made to them about the most recent version of the code by—

• (i) providers of care home services for adults and their staff,

• (ii) the residents of accommodation provided by those services,

• (iii) those residents’ family, friends and other visitors, and

• (b) invite, and take into account, views from SCSWIS on—

• (i) whether, since the most recent version of the code was published—

• (A) any trends have emerged in the suspension of internal or external visits (see section 78C(1)),

• (B) it has identified any areas of concern, or examples of good practice, in relation to the discharge of the duties imposed in accordance with sections 78B(1), 78C(1) and 78D(1),

• (C) meaningful regard is being had to the code by the providers of adult care home services,

• (ii) what changes to the code would be appropriate.

• (6) Before publishing any version of the code, the Scottish Ministers must consult—

• (a) SCSWIS,

• (b) Public Health Scotland,

• (c) such persons, or groups of persons, who they consider represent the interests of—

• (i) providers of care home services for adults,

• (ii) the residents of accommodation provided by such care home services, and

• (iii) the families of such residents.

• (7) When the Scottish Ministers publish a version of the code, they must also publish an adaptation of that version of the code designed to be understood by people with learning difficulties or other conditions affecting how they process information.

• (8) In this section, “review period” means the period of 5 years beginning with the day on which the latest version of the code was published.

78F

In sections 78B to 78E—

• “care home service for adults” has the meaning given in section 82F,

• “Essential Care Supporter”, in relation to a resident of accommodation provided by a care home service, means the individual recorded as the resident’s Essential Care Supporter in fulfilment of the duty imposed in accordance with section 78B(1),

• “provider”, in relation to a care home service, is to be construed in accordance with the definition of “provide” in section 105.

78G

• (1) The Scottish Ministers must prepare, and make publicly available, a report on the operation of the duties imposed on providers of care home services for adults in accordance with sections 78B(1), 78C(1) and 78D(1).

• (2) The duty under subsection (1) must be fulfilled within 2 years of this section coming into force.