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

• Citation: S.I. 2011/2581
• Sections: 76

Section 1 Citation, commencement and extent

(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 2010 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.

Section 2 Consequential modifications of enactments

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

Section 1

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (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.

Section 2

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

Section 1

In section 10(9) of the Medicines Act 1968 (exemptions for pharmacists: definition of care home services) 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) ”.

Section 2

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

(a) in Part 2 (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 3 omit “Convenor or member of the Scottish Commission for the Regulation of Care.”.

Section 3

In section 4(9)(b) of the Anatomy Act 1984 (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) ”.

Section 4

In the Adoption and Children Act 2002 —

(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”.

Section 5

In section 133(4)(c) of the Nationality, Immigration and Asylum Act 2002 (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,

Section 6

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

(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”.

Section 7

In section 61 of the Finance Act 2003 (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 Act ” insert “Healthcare Improvement Scotland established under section 10A of that Act”.

Section 8

In section 8(1) of the Age-Related Payments Act 2004 (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) ”.

Section 9

In section 726 of the Income Tax (Trading and Other Income) Act 2005 (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) .

Section 10

In section 145(4) of the Health and Social Care Act 2008 (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) ”.

Section 11

In regulation 2(1) of the Misuse of Drugs (Safe Custody) Regulations 1973 (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;”.

Section 12

In regulation 1(2) of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (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”.

Section 13

In article 1(2) of the Medicines (Pharmacy and General Sale- Exemption) Order 1980 (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”.

Section 14

In regulation 2(1) of the Income Support (General) Regulations 1987 (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”.

Section 15

In regulation 1A of the Social Fund Cold Weather Payments (General) Regulations 1988 (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”.

Section 16

In regulation 1(2) of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (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”.

Section 17

In the Council Tax (Exempt Dwellings) Order 1992 —

(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”.

Section 18

In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (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;”;

Section 19

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

(l) Healthcare Improvement Scotland constituted under section 10A of the 1978 Act.

Section 20

In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 (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 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;

Section 21

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

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

(b) after “sections 4, 10” insert “, 10A”.

Section 22

In article 1(2)(b) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996 (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;

Section 23

In Schedule 2 to the Social Security Benefit (Computation of Earnings) Regulations 1996 (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 2010 ; 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,

Section 24

In article 1(2) of the Prescription Only Medicines (Human Use) Order 1997 (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”.

Section 25

In regulation 1(2) of the National Institute for Clinical Excellence Regulations 1999 (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”.

Section 26

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

Section 27

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

(4ZA) Social Care and Social Work Improvement Scotland.

Section 28

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

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

(b) after “sections 4, 10” insert “, 10A”.

Section 29

In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations 2000 (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”.

Section 30

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

Section 31

In regulation 53(2)(k) of the Representation of the People (Scotland) Regulations 2001 (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”.

Section 32

In article 63B(6)(b) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (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”.

Section 33

In regulation 2(1) of the Misuse of Drugs Regulations 2001 (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;”.

Section 34

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

(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).

Section 35

In regulation 1(2) of the State Pension Credit Regulations 2002 (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;

Section 36

In regulation 14(2)(b) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (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”.

Section 37

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

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

(b) after “sections 4, 10” insert “, 10A”.

Section 38

In paragraph 23 of Schedule 2 to the European Parliamentary Elections Regulations 2004 (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”.

Section 39

In paragraph 7(1) of Schedule 4 to the Communications (Television Licensing) Regulations 2004 (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

Section 40

In regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 (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,

Section 41

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

Healthcare Improvement Scotland.

Social Care and Social Work Improvement Scotland.

Section 42

In the Schedule to the Disqualification from Caring for Children (Wales) Regulations 2004 (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 2010 —

(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.

Section 43

Yn Atodlen 1 i Reoliadau Datgymhwyso rhag Gofalu am Blant (Cymru) 2004 (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) 2010 —

(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.

Section 44

In regulation 1(3) of the Blood Safety and Quality Regulations 2005 (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 1978 , or section 59 of the Public Services Reform (Scotland) Act 2010 as appropriate;

Section 45

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

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

(b) after “sections 4, 10” insert “, 10A”.

Section 46

In article 2(3) of the Medicines for Human Use (Prescribing) Order 2005 (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. ” substitute “paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010.”.