LegalizeReform history
Care Reform (Scotland) Act 2025
5 versions
· 2025-07-22
2026-04-01
Care Reform (Scotland) Act 2025
2026-03-31
Care Reform (Scotland) Act 2025
Changes on 2026-03-31
@@ -18,7 +18,7 @@
- (3) For the avoidance of doubt—
- (a) fulfilling the duty imposed by [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/1/1/2026-01-07) is not the only purpose for which the Scottish Ministers may exercise their powers under this Part,
- (a) fulfilling the duty imposed by [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/1/1/2026-03-31) is not the only purpose for which the Scottish Ministers may exercise their powers under this Part,
- (b) in order to fulfil that duty, the Scottish Ministers may also exercise other functions.
@@ -40,7 +40,7 @@
- (1) The Scottish Ministers may by regulations provide for a scheme that allows information to be shared in order that public health and social care services can be provided efficiently and effectively.
- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/2/1/2026-01-07) may in particular—
- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/2/1/2026-03-31) may in particular—
- (a) require one person to supply information to another person,
@@ -72,7 +72,7 @@
- (3) For any requirement it sets out, an information standard must specify—
- (a) to whom the requirement applies (see [section 4](https://www.legislation.gov.uk/asp/2025/9/section/4/2026-01-07)), and
- (a) to whom the requirement applies (see [section 4](https://www.legislation.gov.uk/asp/2025/9/section/4/2026-03-31)), and
- (b) the information in relation to the processing of which the requirement applies.
@@ -120,11 +120,11 @@
- (l) a person who—
- (i) provides a product or service to a person mentioned in any of [paragraphs (a)](https://www.legislation.gov.uk/asp/2025/9/section/4/1/a/2026-01-07) to [(k)](https://www.legislation.gov.uk/asp/2025/9/section/4/1/k/2026-01-07), and
- (i) provides a product or service to a person mentioned in any of [paragraphs (a)](https://www.legislation.gov.uk/asp/2025/9/section/4/1/a/2026-03-31) to [(k)](https://www.legislation.gov.uk/asp/2025/9/section/4/1/k/2026-03-31), and
- (ii) knows, or ought to know, that the product or service is (or is to be) used for, or in connection with, electronically processing Scottish health or social care information.
- (2) The Scottish Ministers may by regulations modify [this section](https://www.legislation.gov.uk/asp/2025/9/section/4/2026-01-07) so as to change, or clarify, the list of persons to whom an information standard may be made to apply.
- (2) The Scottish Ministers may by regulations modify [this section](https://www.legislation.gov.uk/asp/2025/9/section/4/2026-03-31) so as to change, or clarify, the list of persons to whom an information standard may be made to apply.
#### Duty to comply with standards
@@ -132,7 +132,7 @@
- (1) A person to whom a requirement set out in an information standard applies must comply with it.
- (2) The Scottish Ministers may by regulations provide for a civil sanction to be imposed on a person who breaches the duty under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/5/1/2026-01-07).
- (2) The Scottish Ministers may by regulations provide for a civil sanction to be imposed on a person who breaches the duty under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/5/1/2026-03-31).
#### Withdrawal of standards
@@ -142,9 +142,9 @@
- (2) When an information standard is withdrawn—
- (a) the duty under [section 3](https://www.legislation.gov.uk/asp/2025/9/section/3/2026-01-07)[(4)](https://www.legislation.gov.uk/asp/2025/9/section/3/4/2026-01-07) to make it publicly available ceases to apply, and
- (b) the duty under [section 5](https://www.legislation.gov.uk/asp/2025/9/section/5/2026-01-07)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/5/1/2026-01-07) to comply with it ceases to apply.
- (a) the duty under [section 3](https://www.legislation.gov.uk/asp/2025/9/section/3/2026-03-31)[(4)](https://www.legislation.gov.uk/asp/2025/9/section/3/4/2026-03-31) to make it publicly available ceases to apply, and
- (b) the duty under [section 5](https://www.legislation.gov.uk/asp/2025/9/section/5/2026-03-31)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/5/1/2026-03-31) to comply with it ceases to apply.
#### Interpretation of Chapter 3
@@ -156,7 +156,7 @@
- “*processing*” includes doing any of the things referred to in paragraphs (a) to (f) of section 3(4) of the [Data Protection Act 2018](https://www.legislation.gov.uk/ukpga/2018/12),
- “*Scottish health and social care information*” has the meaning given in [section 1](https://www.legislation.gov.uk/asp/2025/9/section/1/2026-01-07)[(4)](https://www.legislation.gov.uk/asp/2025/9/section/1/4/2026-01-07).
- “*Scottish health and social care information*” has the meaning given in [section 1](https://www.legislation.gov.uk/asp/2025/9/section/1/2026-03-31)[(4)](https://www.legislation.gov.uk/asp/2025/9/section/1/4/2026-03-31).
- (2) By regulations, the Scottish Ministers—
@@ -174,7 +174,7 @@
##### 8
- (1) The Carers (Scotland) Act 2016 is modified by [subsections (2)](https://www.legislation.gov.uk/asp/2025/9/section/8/2/2026-01-07) to [(11)](https://www.legislation.gov.uk/asp/2025/9/section/8/11/2026-01-07).
- (1) The Carers (Scotland) Act 2016 is modified by [subsections (2)](https://www.legislation.gov.uk/asp/2025/9/section/8/2/2026-03-31) to [(11)](https://www.legislation.gov.uk/asp/2025/9/section/8/11/2026-03-31).
- (2) After section 8(2) (adult carers: identification of outcomes and needs for support) insert—
@@ -315,11 +315,11 @@
.
- (12) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by [subsection (13)](https://www.legislation.gov.uk/asp/2025/9/section/8/13/2026-01-07).
- (12) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by [subsection (13)](https://www.legislation.gov.uk/asp/2025/9/section/8/13/2026-03-31).
- (13) In section 7(1) (choice of options: adult carers and young carers), after “24(4)” insert “or (4A)”.
- (14) The Social Work (Scotland) Act 1968 is modified by [subsection (15)](https://www.legislation.gov.uk/asp/2025/9/section/8/15/2026-01-07).
- (14) The Social Work (Scotland) Act 1968 is modified by [subsection (15)](https://www.legislation.gov.uk/asp/2025/9/section/8/15/2026-03-31).
- (15) In section 87 (charges that may be made for services and accommodation)—
@@ -365,13 +365,13 @@
##### 11
- (1) The Carers (Scotland) Act 2016 is modified by [subsections (2)](https://www.legislation.gov.uk/asp/2025/9/section/11/2/2026-01-07) and [(3)](https://www.legislation.gov.uk/asp/2025/9/section/11/3/2026-01-07).
- (1) The Carers (Scotland) Act 2016 is modified by [subsections (2)](https://www.legislation.gov.uk/asp/2025/9/section/11/2/2026-03-31) and [(3)](https://www.legislation.gov.uk/asp/2025/9/section/11/3/2026-03-31).
- (2) Sections 6(6) and 12(8) are repealed.
- (3) In section 41(1), the definition of “named person” is repealed.
- (4) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by [subsection (5)](https://www.legislation.gov.uk/asp/2025/9/section/11/5/2026-01-07).
- (4) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by [subsection (5)](https://www.legislation.gov.uk/asp/2025/9/section/11/5/2026-03-31).
- (5) In section 7(1), the words “an adult” in the first place where they occur are repealed.
@@ -435,7 +435,7 @@
> (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)](#p01204) 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.
> (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”),
@@ -445,7 +445,7 @@
> (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)](#p01256), 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.
> (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—
@@ -456,19 +456,19 @@
> (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)](#p01281) 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.
> (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)](#p01244), does not entail a provider of a care home service—
> (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)](#p01346) must be framed—
> (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)](#p01346)[(b)](#p01353) 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.
> (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.
@@ -491,7 +491,7 @@
> (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)](#p01393) that the Scottish Ministers consider appropriate.
> (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
@@ -522,7 +522,7 @@
> - “*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)](#p01586) must be fulfilled within 2 years of this section coming into force.
> (2) The duty under subsection (1) must be fulfilled within 2 years of this section coming into force.
.
@@ -802,7 +802,7 @@
authority B is under a duty to provide the person with a service that is at least equivalent to that which was being provided to the person by authority A immediately prior to the person’s moving home.
- (2) Under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/26/1/2026-01-07) provision may be made—
- (2) Under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/26/1/2026-03-31) provision may be made—
- (a) making the imposition of the duty described by that subsection depend on certain conditions being met (including, for example, conditions concerning notice being given to the local authorities concerned prior to a person moving home),
@@ -816,7 +816,7 @@
- (ii) what constitutes equivalence in relation to social care services,
- (e) disapplying or modifying any enactment so far as the Scottish Ministers consider that appropriate for the purpose of fulfilling their duty under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/26/1/2026-01-07).
- (e) disapplying or modifying any enactment so far as the Scottish Ministers consider that appropriate for the purpose of fulfilling their duty under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/26/1/2026-03-31).
- (3) In this section—
@@ -836,7 +836,7 @@
- (b) subsequent assessments of need under that section, recognising the importance of support being increased expeditiously as a terminal illness progresses.
- (2) For the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/27/1/2026-01-07), a person has a terminal illness if, having had regard to the relevant guidance, it is the clinical judgement of an appropriate healthcare professional that the person has a progressive disease that can reasonably be expected to cause the individual’s death.
- (2) For the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/27/1/2026-03-31), a person has a terminal illness if, having had regard to the relevant guidance, it is the clinical judgement of an appropriate healthcare professional that the person has a progressive disease that can reasonably be expected to cause the individual’s death.
- (3) In this section—
@@ -920,7 +920,7 @@
- (b) advice.
- (2) In this section, “*public social care services*” is to be construed in accordance with [section 28](https://www.legislation.gov.uk/asp/2025/9/section/28/2026-01-07)[(5)](https://www.legislation.gov.uk/asp/2025/9/section/28/5/2026-01-07).
- (2) In this section, “*public social care services*” is to be construed in accordance with [section 28](https://www.legislation.gov.uk/asp/2025/9/section/28/2026-03-31)[(5)](https://www.legislation.gov.uk/asp/2025/9/section/28/5/2026-03-31).
### Chapter 3 — Further Ministerial functions
@@ -936,7 +936,7 @@
- (b) the year falling 5 years after the previous year in which this duty had to be fulfilled (the first of which is 2031).
- (2) The “*applicable period*”, in relation to a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/30/1/2026-01-07), is the period of 10 years beginning with the year after that in which the report is first due to be made publicly available in accordance with that subsection.
- (2) The “*applicable period*”, in relation to a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/30/1/2026-03-31), is the period of 10 years beginning with the year after that in which the report is first due to be made publicly available in accordance with that subsection.
### Market monitoring
@@ -946,7 +946,7 @@
- (1) The Scottish Ministers must, by the end of each reporting period make publicly available a report on the state of the social care market in Scotland.
- (2) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/31/1/2026-01-07) may, in particular, include information about—
- (2) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/31/1/2026-03-31) may, in particular, include information about—
- (a) the composition of the market by reference to such factors such as the scale of the economic operators in the market and their status as for-profit bodies, public bodies or third sector bodies (as defined in section 37(1) of the Community Justice (Scotland) Act 2016),
@@ -962,7 +962,7 @@
- “*social care services*” are the following— support services, care home services, adult placement services, housing support services.
- (4) The services listed in the definition of “social care services” in [subsection (3)](https://www.legislation.gov.uk/asp/2025/9/section/31/3/2026-01-07) are to be construed in accordance with schedule 12 of the Public Services Reform (Scotland) Act 2010.
- (4) The services listed in the definition of “social care services” in [subsection (3)](https://www.legislation.gov.uk/asp/2025/9/section/31/3/2026-03-31) are to be construed in accordance with schedule 12 of the Public Services Reform (Scotland) Act 2010.
- (5) The Scottish Ministers may, by regulations, modify this section so as to change the definition of “social care services”.
@@ -974,7 +974,7 @@
- (a) is in the person’s control, and
- (b) may be relevant to the Scottish Ministers’ function of reporting under [section 31](https://www.legislation.gov.uk/asp/2025/9/section/31/2026-01-07).
- (b) may be relevant to the Scottish Ministers’ function of reporting under [section 31](https://www.legislation.gov.uk/asp/2025/9/section/31/2026-03-31).
- (2) A requirement under this section is imposed on a person when the Scottish Ministers give the person written notice specifying—
@@ -986,11 +986,11 @@
- (3) The Scottish Ministers may report the following matters to the Court of Session—
- (a) a person has refused, or failed without reasonable excuse, to comply with a requirement imposed under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/32/1/2026-01-07),
- (b) the Scottish Ministers suspect a person has deliberately destroyed or altered information following the imposition of a requirement to supply it under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/32/1/2026-01-07).
- (4) After receiving a report under [subsection (3)](https://www.legislation.gov.uk/asp/2025/9/section/32/3/2026-01-07), and hearing any evidence or representations on the matter, the Court may (either or both)—
- (a) a person has refused, or failed without reasonable excuse, to comply with a requirement imposed under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/32/1/2026-03-31),
- (b) the Scottish Ministers suspect a person has deliberately destroyed or altered information following the imposition of a requirement to supply it under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/32/1/2026-03-31).
- (4) After receiving a report under [subsection (3)](https://www.legislation.gov.uk/asp/2025/9/section/32/3/2026-03-31), and hearing any evidence or representations on the matter, the Court may (either or both)—
- (a) make any order for enforcement that it considers appropriate,
@@ -1004,7 +1004,7 @@
- (1) The Scottish Ministers must prepare and publish a strategy for monitoring and promoting fair work in the care sector.
- (2) A strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-01-07) must set out—
- (2) A strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-03-31) must set out—
- (a) what constitutes fair work in the care sector,
@@ -1016,7 +1016,7 @@
- (iii) reviewing that data to assess whether there is any improvement in the extent to which the practices and arrangements achieve, or contribute to achieving, fair work in the care sector, and
- (iv) using that data in preparing and publishing a report under [section 34](https://www.legislation.gov.uk/asp/2025/9/section/34/2026-01-07)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/34/1/2026-01-07),
- (iv) using that data in preparing and publishing a report under [section 34](https://www.legislation.gov.uk/asp/2025/9/section/34/2026-03-31)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/34/1/2026-03-31),
- (c) what action (if any) the Scottish Ministers intend to take to—
@@ -1024,7 +1024,7 @@
- (ii) review the effect of any such action taken to promote fair work in the care sector.
- (3) A strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-01-07) may—
- (3) A strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-03-31) may—
- (a) include any other information the Scottish Ministers consider appropriate, and
@@ -1032,17 +1032,17 @@
- (4) The Scottish Ministers must—
- (a) prepare and publish the first version of the strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-01-07) before the end of the period of 18 months beginning with the day on which this section comes into force, and
- (a) prepare and publish the first version of the strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-03-31) before the end of the period of 18 months beginning with the day on which this section comes into force, and
- (b) before the end of each review period—
- (i) review the strategy, and
- (ii) if they consider it appropriate, prepare and publish a new version of the strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-01-07).
- (ii) if they consider it appropriate, prepare and publish a new version of the strategy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-03-31).
- (5) In preparing and reviewing the strategy, the Scottish Ministers must consult the persons mentioned in section 5(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.
- (6) For the purposes of [subsection (5)](https://www.legislation.gov.uk/asp/2025/9/section/33/5/2026-01-07), it is immaterial that anything done by way of consultation was done before this section comes into force.
- (6) For the purposes of [subsection (5)](https://www.legislation.gov.uk/asp/2025/9/section/33/5/2026-03-31), it is immaterial that anything done by way of consultation was done before this section comes into force.
- (7) In this section—
@@ -1058,7 +1058,7 @@
- (2) The report must include—
- (a) an assessment of the extent to which fair work in the care sector, as set out in the strategy published under [section 33](https://www.legislation.gov.uk/asp/2025/9/section/33/2026-01-07)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-01-07), has been achieved during the reporting period,
- (a) an assessment of the extent to which fair work in the care sector, as set out in the strategy published under [section 33](https://www.legislation.gov.uk/asp/2025/9/section/33/2026-03-31)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-03-31), has been achieved during the reporting period,
- (b) an assessment of whether there has been any improvement in the extent to which fair work in the care sector has been achieved during the reporting period, and
@@ -1072,9 +1072,9 @@
- (4) In this section—
- “*fair work in the care sector*” has the meaning given in [section 33](https://www.legislation.gov.uk/asp/2025/9/section/33/2026-01-07)[(7)](https://www.legislation.gov.uk/asp/2025/9/section/33/7/2026-01-07),
- “*reporting period*” means— the period of one year beginning with the day on which the first version of the strategy under [section 33](https://www.legislation.gov.uk/asp/2025/9/section/33/2026-01-07)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-01-07) was published, and each subsequent period of one year.
- “*fair work in the care sector*” has the meaning given in [section 33](https://www.legislation.gov.uk/asp/2025/9/section/33/2026-03-31)[(7)](https://www.legislation.gov.uk/asp/2025/9/section/33/7/2026-03-31),
- “*reporting period*” means— the period of one year beginning with the day on which the first version of the strategy under [section 33](https://www.legislation.gov.uk/asp/2025/9/section/33/2026-03-31)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/33/1/2026-03-31) was published, and each subsequent period of one year.
### Monitoring advocacy provision
@@ -1088,7 +1088,7 @@
- (b) prepare a report on that review.
- (2) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/35/1/2026-01-07)[(b)](https://www.legislation.gov.uk/asp/2025/9/section/35/1/b/2026-01-07) must include—
- (2) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/9/section/35/1/2026-03-31)[(b)](https://www.legislation.gov.uk/asp/2025/9/section/35/1/b/2026-03-31) must include—
- (a) an assessment of the extent of provision of independent advocacy services made available—
@@ -1168,15 +1168,15 @@
- (2) Regulations under—
- (a) any of the following provisions may modify any enactment other than this Act: sections [26](https://www.legislation.gov.uk/asp/2025/9/section/26/2026-01-07), [27](https://www.legislation.gov.uk/asp/2025/9/section/27/2026-01-07), [28](https://www.legislation.gov.uk/asp/2025/9/section/28/2026-01-07)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/28/1/2026-01-07) and [29](https://www.legislation.gov.uk/asp/2025/9/section/29/2026-01-07),
- (b) [section 37](https://www.legislation.gov.uk/asp/2025/9/section/37/2026-01-07) may modify any enactment including this Act.
- (a) any of the following provisions may modify any enactment other than this Act: sections [26](https://www.legislation.gov.uk/asp/2025/9/section/26/2026-03-31), [27](https://www.legislation.gov.uk/asp/2025/9/section/27/2026-03-31), [28](https://www.legislation.gov.uk/asp/2025/9/section/28/2026-03-31)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/28/1/2026-03-31) and [29](https://www.legislation.gov.uk/asp/2025/9/section/29/2026-03-31),
- (b) [section 37](https://www.legislation.gov.uk/asp/2025/9/section/37/2026-03-31) may modify any enactment including this Act.
- (3) Regulations under any of the following provisions are subject to the negative procedure: sections 28(6)(d) and 35(4)(a)(ii).
- (4) Regulations under any of the following provisions are subject to the affirmative procedure: sections [2](https://www.legislation.gov.uk/asp/2025/9/section/2/2026-01-07), [4](https://www.legislation.gov.uk/asp/2025/9/section/4/2026-01-07), [5](https://www.legislation.gov.uk/asp/2025/9/section/5/2026-01-07), [26](https://www.legislation.gov.uk/asp/2025/9/section/26/2026-01-07), [27](https://www.legislation.gov.uk/asp/2025/9/section/27/2026-01-07), [28](https://www.legislation.gov.uk/asp/2025/9/section/28/2026-01-07)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/28/1/2026-01-07), [29](https://www.legislation.gov.uk/asp/2025/9/section/29/2026-01-07) and [31](https://www.legislation.gov.uk/asp/2025/9/section/31/2026-01-07).
- (5) Regulations under [section 37](https://www.legislation.gov.uk/asp/2025/9/section/37/2026-01-07)—
- (4) Regulations under any of the following provisions are subject to the affirmative procedure: sections [2](https://www.legislation.gov.uk/asp/2025/9/section/2/2026-03-31), [4](https://www.legislation.gov.uk/asp/2025/9/section/4/2026-03-31), [5](https://www.legislation.gov.uk/asp/2025/9/section/5/2026-03-31), [26](https://www.legislation.gov.uk/asp/2025/9/section/26/2026-03-31), [27](https://www.legislation.gov.uk/asp/2025/9/section/27/2026-03-31), [28](https://www.legislation.gov.uk/asp/2025/9/section/28/2026-03-31)[(1)](https://www.legislation.gov.uk/asp/2025/9/section/28/1/2026-03-31), [29](https://www.legislation.gov.uk/asp/2025/9/section/29/2026-03-31) and [31](https://www.legislation.gov.uk/asp/2025/9/section/31/2026-03-31).
- (5) Regulations under [section 37](https://www.legislation.gov.uk/asp/2025/9/section/37/2026-03-31)—
- (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
@@ -1186,7 +1186,7 @@
##### 39
- (1) The following come into force on the day after Royal Assent: [section 30](https://www.legislation.gov.uk/asp/2025/9/section/30/2026-01-07) and [this Part](https://www.legislation.gov.uk/asp/2025/9/part/3/2026-01-07).
- (1) The following come into force on the day after Royal Assent: [section 30](https://www.legislation.gov.uk/asp/2025/9/section/30/2026-03-31) and [this Part](https://www.legislation.gov.uk/asp/2025/9/part/3/2026-03-31).
- (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
@@ -1309,3 +1309,57 @@
[^key-879cbef511553fbc2b4cd3fc25983cd2]: [S. 33](https://www.legislation.gov.uk/asp/2025/9/section/33) in force at 7.1.2026 by [S.S.I. 2025/388](https://www.legislation.gov.uk/ssi/2025/388), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2025/388/regulation/2/1)[(2)](https://www.legislation.gov.uk/ssi/2025/388/regulation/2/2), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/388/schedule/part/1)
[^key-407ed129d2ec5f86f6a1a60102d114c1]: [S. 34](https://www.legislation.gov.uk/asp/2025/9/section/34) in force at 7.1.2026 by [S.S.I. 2025/388](https://www.legislation.gov.uk/ssi/2025/388), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2025/388/regulation/2/1)[(2)](https://www.legislation.gov.uk/ssi/2025/388/regulation/2/2), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/388/schedule/part/1)
[^key-561a9704c5b05b0ae8091bda3de87ca7]: S. 14 in force at 31.3.2026 in so far as not already in force by [S.S.I. 2025/388](https://www.legislation.gov.uk/ssi/2025/388), [reg. 2(3)](https://www.legislation.gov.uk/ssi/2025/388/regulation/2/3)
#### Integration principles
#### Reserving right to participate in procurement by type of organisation
#### Threshold for Public Contracts (Scotland) Regulations 2015 to apply
#### Ethical commissioning guidance
#### Procurement strategies
#### Scottish Social Services Council’s power to require information
#### Delegation of functions under Part 1 of the Regulation of Care (Scotland) Act 2001
#### Cancellation of care service registration
#### Assistance in inspections from Healthcare Improvement Scotland
#### Provision of information by and to health care services
#### National Chief Social Work Adviser and National Social Work Agency
#### Continuity of services for persons who have a disability
#### Timescales for assessment of persons who have a terminal illness
#### Independent advocacy
#### Independent information and advice
#### Report on projected care needs
#### Report on social care market
#### Power to obtain information for the purposes of section 31
#### Fair work strategy
#### Report on fair work
#### Report on independent advocacy services
#### Sectoral bargaining: guidance etc.
#### Ancillary provision
#### Regulation-making powers
#### Commencement
#### Short title
2026-01-07
Care Reform (Scotland) Act 2025
2025-07-23
Care Reform (Scotland) Act 2025
2025-07-22
Care Reform (Scotland) Act 2025
original version
Text at this date