- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 No. 210
2.—(1) In these Regulations—
“the Act” means the Public Services Reform (Scotland) Act 2010;
“SCSWIS” means Social Care and Social Work Improvement Scotland;
“provider” in relation to a care service(1) means the person registered to provide that service;
“representative” means any person having legal authority, or the consent of the service user, to act on the service user’s behalf;
“service user” in relation to a care service means any person to whom that service is provided.
(2) In these Regulations, references to employing a person include employing a person whether or not for payment and whether under a contract of service, a contract for services or otherwise than under a contract and allowing a person to work as a volunteer, and references to an employee or to a person being employed are to be construed accordingly.
(3) In the case of a care service which is a child care agency, nurse agency or adult placement service(2), any reference to a person employed includes reference to a person who is introduced to the service user by the provider and associated expressions referring to employment are to be construed accordingly.
Section 47 of the Act defines a care service.
“Child care agency”, “nurse agency” and “adult placement service” are defined in paragraphs 5, 4 and 11 respectively of schedule 12 to the Act.
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