Public Services Reform (Scotland) Act 2010
Public Services Reform (Scotland) Act 2010 (2010 asp 8)
- Public Services Reform (Scotland) Act 2010 (2010 asp 8)
- Part 1 Simplification of public bodies
- Transfer of functions
- 1 Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland
- 2 Transfer to Scottish Natural Heritage of functions of Advisory Committee on sites of special scientific interest
- 3 Transfer to certain bodies of functions of Waterwatch Scotland
- Dissolution of bodies etc.
- 4 Dissolution of Scottish Records Advisory Council
- 5 Dissolution of Scottish Industrial Development Advisory Board
- 6 Dissolution of Building Standards Advisory Committee
- 7 Dissolution of Historic Environment Advisory Council for Scotland
- 8 Dissolution of Regional Boards of Scottish Environment Protection Agency
- Delegation of functions etc.
- 9 Delegation of Ministerial functions under section 7 of Industrial Development Act 1982
- 10 Delegation of Ministerial functions under section 5 of Science and Technology Act 1965
- 11 Delegation of certain functions of Forestry Commissioners under Forestry Act 1967
- 12 Forestry Commissioners: joint ventures etc.
- Regulation of officers of court
- 13 Regulation of officers of court
- Part 2 Order-making powers
- Improving the exercise of public functions
- 14 Public functions: efficiency, effectiveness and economy
- 15 Public functions: further provision
- 16 Preconditions
- Removing and reducing burdens
- 17 Power to remove or reduce burdens
- 18 Preconditions
- Specific restrictions
- 19 Order in relation to certain bodies: requirement for request and consent
- General restrictions
- 20 Subordinate legislation and powers of direction, appointment and consent
- 21 Local taxation
- 22 Criminal penalties
- 23 Forcible entry etc.
- 24 Prohibition on modification of this Part
- Procedure
- 25 Procedure
- 26 Consultation
- 27 Explanatory document laid before the Scottish Parliament
- 28 Combination with powers under European Communities Act 1972
- General
- 29 Order-making powers: modifications of enactments
- 30 Interpretation of Part 2
- Part 3 Information on exercise of public functions
- 31 Public functions: duties to provide information on certain expenditure etc.
- 32 Public functions: duty to provide information on exercise of functions
- 33 Public functions: duty to provide information on special advisers
- 34 Public functions: duties to provide information: further provision
- 35 Interpretation of Part 3
- Part 4 Creative Scotland
- Creative Scotland
- 36 Establishment of Creative Scotland
- 37 General functions of Creative Scotland
- 38 Advisory and other functions
- 39 Grants and loans
- 40 Directions and guidance
- Miscellaneous and general
- 41 Dissolution of Scottish Arts Council
- 42 Transfer of staff etc.
- 43 Creative Scotland: modifications of enactments
- Part 5 Social care and social work: scrutiny and improvement
- Chapter 1 Social Care and Social Work Improvement Scotland
- Social Care and Social Work Improvement Scotland
- 44 Social Care and Social Work Improvement Scotland
- 45 General principles
- Key definitions
- 46 Social services
- 47 Care services
- 48 Social work services
- 49 Power to modify key definitions
- Miscellaneous
- 50 Standards and outcomes
- 51 Information and advice
- 52 Dissolution of Scottish Commission for the Regulation of Care
- Chapter 2 Social services: inspections
- Inspections
- 53 Inspections
- 53A Inspections of care homes
- 54 Inspections under section 53: best regulatory practice
- 55 Inspections at request of Scottish Ministers
- 56 Inspections: authorised persons
- 57 Inspections: reports
- 57A Assistance in inspections from Healthcare Improvement Scotland
- Regulations
- 58 Regulations: inspections
- Chapter 3 Care services
- Registration of care services
- 59 Registration of care services
- 59A Further provision in relation to registration of certain care services
- 60 Grant or refusal of registration
- 61 Limited registration
- Improvement notices
- 62 Improvement notices: care services
- 63 Special provision for certain care services provided by local authorities
- ...
- Proposals and applications in relation to registered care services
- 64 Cancellation of registration
- 65 Emergency cancellation of registration
- 65A Care homes: emergency intervention orders
- 65B Further provision in relation to emergency intervention orders
- 66 Condition notices
- 67 Emergency condition notices
- 68 Application of Part to condition notices following emergency condition notices
- 69 Emergency condition notices: appeals
- 70 Applications under Chapter 3 in respect of conditions
- 71 Further provision as respects notice of proposals
- 72 Right to make representations to SCSWIS as respects proposals under Chapter 3
- 73 Notice of SCSWIS's decision under Chapter 3
- 74 Conditions as to numbers
- 75 Appeal against decision to implement proposal
- Fees
- 76 Registration fees
- Regulations
- 77 Regulations: registers and registration
- 78 Regulations: care services
- Regulations under section 78: visits to and by adult care home residents
- 78B Identification of Essential Care Supporter
- 78C Right to visits: care home residents
- 78D Further provision to be made in connection with section 78C
- 78E Code of practice on care home residents’ right to visits
- 78F Interpretation of sections 78B to 78E
- 78G Review of operation of duties imposed in accordance with sections 78B to 78D
- Complaints
- 79 Complaints about care services
- 79A Reporting on coronavirus deaths in care homes
- Offences
- 80 Offences in relation to registration under Chapter 3
- 81 False statements in application under Chapter 3
- 82 Offences by bodies corporate etc.
- CHAPTER 3A Care services: staffing
- 82A Development of staffing methods
- 82B Regulations: requirement to use staffing methods
- 82C Review and redevelopment of staffing methods
- 82D Review of duty on care service providers to ensure appropriate staffing
- 82E Duty to consider multi-disciplinary staffing tools
- 82F Interpretation of Chapter
- Chapter 4 Local authority adoption and fostering services etc.
- 83 Local authority applications for registration under Chapter 4
- 84 Grant of local authority application under Chapter 4
- 85 Condition notices: services registered under Chapter 4
- 86 Applications under Chapter 4 in respect of conditions
- 87 Right to make representations to SCSWIS under Chapter 4 as respects conditions
- 88 Notice of SCSWIS's decision under Chapter 4
- 89 Appeal against decision under Chapter 4
- 90 Offences under Chapter 4
- 91 Report to Scottish Ministers
- 92 Default powers of Scottish Ministers
- Chapter 5 Miscellaneous
- 93 Grants to SCSWIS
- 94 Guarantees
- 95 Duty of SCSWIS to consult Scottish Social Services Council
- 96 Duty of SCSWIS to consult the Mental Welfare Commission for Scotland
- 97 Complaints procedure
- 98 Inquiries
- 99 Arrangements entered into by local authority or health body: services to be registered
- 100 Local authorities and health bodies: awareness of SCSWIS reports etc.
- 101 Giving of notice
- 102 Transfer of staff etc.
- 103 Transfer of staff: further provision
- 104 Orders and regulations: procedure
- 105 Interpretation of Part 5
- 106 Minor and consequential amendments and repeals: SCSWIS
- 107 Minor modifications: Scottish Social Services Council
- Part 6 Health care: scrutiny and improvement
- 108 Healthcare Improvement Scotland
- 109 Transfer of staff etc. to Healthcare Improvement Scotland
- 110 Healthcare Improvement Scotland: constitution, etc.
- Part 7 The Mental Welfare Commission for Scotland
- 111 The Mental Welfare Commission for Scotland
- Part 8 Scrutiny and complaints
- User focus
- 112 Scrutiny: user focus
- 113 User focus: guidance etc.
- Duty of co-operation
- 114 Scrutiny: duty of co-operation
- Joint inspections
- 115 Joint inspections
- 116 Participation in joint inspections
- 116A Joint inspections of social services and health services
- 117 Regulations relating to joint inspections
- Public finance and accountability
- 118 Amendment of Public Finance and Accountability (Scotland) Act 2000
- Complaints handling procedures
- 119 Complaints handling procedures
- Part 9 Charities
- 120 Information to appear on charity websites
- 121 Variation, revocation and review of directions
- 122 Powers of Court of Session: deemed removal of persons
- 123 Delegation of functions
- 124 Reorganisation of charities
- 125 Reorganisation of restricted funds
- 126 Appointment of charity trustees
- 127 Charity trustees' indemnity insurance
- 128 Interpretation of Part 9
- Part 10 Miscellaneous and general
- Miscellaneous
- 129 Local Government (Scotland) Act 1973: minor amendment
- 130 Consultation by water and sewerage services providers
- 131 Complaints about water services and sewerage services providers
- General
- 132 Ancillary provision
- 133 Orders and regulations: Parts 8 and 10
- 134 Short title and commencement
- SCHEDULE 1 Deer Commission for Scotland: modifications of enactments
- Natural Heritage (Scotland) Act 1991 (c. 28)
- Deer (Scotland) Act 1996 (c. 58)
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- Freedom of Information (Scotland) Act 2002 (asp 13)
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- SCHEDULE 2 Transfer of Waterwatch Scotland functions: modifications of enactments
- Part 1 Amendments
- Water Industry (Scotland) Act 2002 (asp 3)
- Water Services etc. (Scotland) Act 2005 (asp 3)
- Consumers, Estate Agents and Redress Act 2007 (c. 17)
- Part 2 Repeals
- SCHEDULE 3 Dissolution of Waterwatch Scotland: arrangements for staff, property etc.
- Transfer of staff
- Transfer of property etc.
- Transfer of undetermined complaints
- SCHEDULE 4 Regulation of officers of court: modifications of enactments
- Part 1 Amendments
- Debtors (Scotland) Act 1987 (c. 18)
- Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
- Part 2 Repeals
- SCHEDULE 5 Improvement of public functions: listed bodies
- Scottish Administration
- Scottish public authorities with mixed functions or no reserved functions
- Cross-border public authorities
- SCHEDULE 6 Part 2 order-making powers (request and consent): listed bodies
- SCHEDULE 7 Order-making powers: modifications of enactments
- Deregulation and Contracting Out Act 1994 (c. 40)
- Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
- SCHEDULE 8 Information on exercise of public functions: listed public bodies
- SCHEDULE 9 Creative Scotland: establishment etc.
- Status
- Membership of Creative Scotland
- Terms of appointment etc.
- Removal of members
- Disqualification from membership
- Remuneration and allowances for members
- Chief executive and other employees
- Committees
- Procedure and meetings
- General powers
- Delegation of functions
- Location of office
- Accounts
- Reports
- SCHEDULE 10 Creative Scotland: modifications of enactments
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- Freedom of Information (Scotland) Act 2002 (asp 13)
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- SCHEDULE 11 Social Care and Social Work Improvement Scotland: establishment etc.
- Status
- Membership of SCSWIS
- Terms of appointment etc.
- Removal of members
- Disqualification from membership
- Remuneration and allowances for members
- Chief executive and other employees
- Committees
- Procedure and meetings
- General powers
- Delegation of functions
- Location of office
- Accounts
- Reports
- SCHEDULE 12 Care services: definitions
- SCHEDULE 13 Social work services functions: specified enactments
- SCHEDULE 14 Social Care and Social Work Improvement Scotland: modifications of enactments
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- Regulation of Care (Scotland) Act 2001 (asp 8)
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- Adult Support and Protection (Scotland) Act 2007 (asp 10)
- Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
- Repeals
- SCHEDULE 15 Scottish Social Services Council: modifications of Regulation of Care (Scotland) Act 2001
- SCHEDULE 16 Healthcare Improvement Scotland: establishment etc.
- SCHEDULE 17 Healthcare Improvement Scotland: modifications of enactments
- National Health Service (Scotland) Act 1978 (c. 29)
- National Health Service and Community Care Act 1990 (c. 19)
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)
- Human Tissue (Scotland) Act 2006 (asp 4)
- Adult Support and Protection (Scotland) Act 2007 (asp 10)
- Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
- Public Health etc. (Scotland) Act 2008 (asp 5)
- SCHEDULE 18 The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003
- SCHEDULE 19 Scrutiny functions: persons etc. subject to user focus duty
- SCHEDULE 20 Scrutiny functions: persons etc. subject to duty of co-operation
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