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Public Services Reform (Scotland) Act 2010

Type Act of the Scottish Parliament

Publication 2010-04-28

Last updated 2027-04-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

by reason of the person's vulnerability or need, by placing the person with a family or individual; but a service may be excepted from this definition by regulations.

12

(1) “Child minding” means, subject to sub-paragraphs (2) and (3) and paragraph 14(a), looking after one or more children on domestic premises for reward and “act as a child minder” is to be construed accordingly; but a service may be excepted from those definitions by regulations.

(2) For the purposes of sub-paragraph (1), a person who—

(a) is the parent, or a relative, of a child;

(b) has parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36)) relating to the child;

(d) maintains a foster child (within the meaning of the Foster Children (Scotland) Act 1984 (c. 56));

(e) is a person with whom a child is required to reside by virtue of a compulsory supervision order or an interim compulsory supervision order (as defined in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)),

(f) is a kinship carer (within the meaning of the Looked After Children (Scotland) Regulations 2009 (S.S.I. 2009/210)), of a child,

does not act as a child minder when looking after that child.

(3) For the purposes of sub-paragraph (1), where a person—

(a) looks after a child for the parents of the child and the work consists of looking after the child wholly or mainly in the parents' home; or

(b) looks after a child for the parents of the child (the “first parents”) and another child for the different parents of that other child (the “second parents”) and the work consists of looking after the children wholly or mainly in the first parents' home or in the second parents' home, or in both those homes,

that work is not child minding.

13

“Day care of children” means, subject to paragraphs 14(b) to 17, a service which consists of any form of care (whether or not provided to any extent in the form of an educational activity), supervised by a responsible person and not excepted from this definition by regulations, provided for children, on premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight).

14

For the purposes of—

(a) paragraph 12(1), a person does not act as a child minder;

(b) paragraph 13, a person does not provide day care of children,

unless the period, or the total of periods, during which the service is provided exceeds two hours in any day.

15

(1) Where a person provides a service for children in particular premises on less than six days in any year, that provision is not day care of children for the purposes of paragraph 13 if the person has notified SCSWIS in writing, before the first occasion on which the service is so provided in that year, of the intention so to provide it.

(2) In sub-paragraph (1), “year” means the year beginning with the day on which the service is (after the commencement of this section) first provided in the premises concerned; and thereafter any year beginning with the anniversary of that day.

16

For the purposes of paragraph 13, a service which consists of looking after children who are patients in a hospital and is provided as part of the medical treatment which they are receiving there is not day care of children.

17

For the purposes of paragraph 13, a person does not provide day care of children where—

(a) the children are of school age;

(b) the service is provided—

(i) wholly or mainly in a public, independent or grant-aided school; and

(ii) as part of the school's activities; and

(i) the education authority managing the school;

(ii) the person carrying on the school; or

(iii) a person employed to work at the school and authorised to provide the service as part of the school's activities.

18

Expressions used in paragraph 2(b), 3 or 17 have the meanings given by section 135(1) of the Education (Scotland) Act 1980 (c. 44).

19

A “housing support service” is a service which provides support, assistance, advice or counselling to a person who has particular needs, with a view to enabling that person to occupy residential accommodation as a sole or main residence; but a service may be excepted from this definition by regulations and such residential accommodation does not include accommodation specified as excepted accommodation in regulations under section 91(9) of the Housing (Scotland) Act 2001 (asp 10).

20

In this schedule, unless the context otherwise requires—

“someone who cares for” (or “a person who cares for”) a person, means someone who, being an individual, provides on a regular basis a substantial amount of care for that person, not having contracted to do so and not doing so for payment or in the course of providing a care service;

“vulnerability or need”, in relation to a person, means vulnerability or need arising by reason of that person—being affected by infirmity or ageing;being, or having been, affected by disability, illness or mental disorder;being, or having been, dependent on alcohol or drugs; orbeing of a young age;

“personal care” means care which relates to the day to day physical tasks and needs of the person cared for (as for example, but without prejudice to that generality, to eating and washing) and to mental processes related to those tasks and needs (as for example, but without prejudice to that generality, to remembering to eat and wash); and

“personal support” means counselling, or other help, provided as part of a planned programme of care.

SCHEDULE 13

SCHEDULE 14

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

1

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved bodies)—

(a) the entry relating to the Scottish Commission for the Regulation of Care is repealed,

(b) at the appropriate place, in alphabetical order, insert— “ Social Care and Social Work Improvement Scotland ”.

Regulation of Care (Scotland) Act 2001 (asp 8)

2

The Regulation of Care (Scotland) Act 2001 is amended as follows.

3

In section 53(2)(b) (codes of practice), for “the Commission” substitute “ Social Care and Social Work Improvement Scotland ”.

4

In section 59 (general principles)—

(a) in subsection (1) the words “, the Commission” are repealed,

(b) after subsection (4), insert—

(5) In subsection (2), “care service” means a care service as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8).

5

In section 60 (grants)—

(a) in subsection (1), the words “the Commission or to” are repealed,

(b) in paragraph (a) of that subsection, for “body in question” substitute “ Council ”,

6

In section 61 (guarantees)—

(a) in subsection (1), the words “the Commission or” are repealed,

(b) in subsection (4), the words “the Commission, or as the case may be” are repealed.

7

In section 62 (duty of consultation)—

(a) the words “Commission and the” are repealed,

(b) the word “each” is repealed,

(d) for the words “body exercising the function” substitute “ Council ”.

8

In section 63 (guidance as to consultation)—

(a) the words “the Commission and to” are repealed,

(b) for the words “body in question” substitute “ Council ”.

9

In section 64 (complaints procedure)—

(a) in subsection (1)—

(i) for the words “The Commission and the Council shall each” substitute “ The Council shall ”,

(ii) for the words “body in question” substitute “ Council ”,

(b) in subsection (2), for the words “body in question” substitute “ Council ”,

(d) in subsection (4), for the words “body in question” substitute “ Council ”.

10

In section 65 (inquiries)—

(a) in subsection (1)—

(i) in paragraph (a), the words “by the Commission or” are repealed,

(ii) paragraph (b) and the word “or” immediately preceding it are repealed,

(b) subsection (2) is repealed,

(d) in subsection (6)—

(i) the words “(2) or” are repealed,

(ii) paragraph (a) and the word “or” immediately following it are repealed,

(e) in subsection (7)—

(i) the words “by the Commission or” are repealed,

(ii) for the words “(2), or as the case may be (3),” substitute “ (3) ”,

(iii) for the words “body in question” substitute “ Council ”,

(iv) for the words “that body” substitute “ the Council ”,

(v) for the word “body”, in the third place it occurs, substitute “ Council ”,

(f) in subsection (9), paragraph (a) and the word “or” immediately following it are repealed.

Scottish Public Services Ombudsman Act 2002 (asp 11)

11

In Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities)—

(a) paragraph 38 is repealed,

(b) after paragraph 52 insert—

(52A) Social Care and Social Work Improvement Scotland.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

12

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—

(a) the entry relating to the Scottish Commission for the Regulation of Care is repealed,

(b) under the heading “Executive bodies” insert, at the appropriate place in alphabetical order— “ Social Care and Social Work Improvement Scotland ”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

13

The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

14

In section 7 (duty to bring matters generally to the attention of Scottish Ministers and others), for paragraph (f) substitute—

(f) Social Care and Social Work Improvement Scotland;

15

In section 8(3) (duty to bring specific matters to the attention of Scottish Ministers and others etc), for paragraph (k) substitute—

(k) Social Care and Social Work Improvement Scotland;

16

In section 9(2) (duty to give advice), for paragraph (e) substitute—

(e) Social Care and Social Work Improvement Scotland;

17

In section 17(2) (duties of Scottish Ministers, local authorities and others as respects Commission), for paragraph (i) substitute—

(i) Social Care and Social Work Improvement Scotland;

18

In section 34(3) (inquiries under section 33: co-operation), for paragraph (c) substitute—

(c) Social Care and Social Work Improvement Scotland;

Adult Support and Protection (Scotland) Act 2007 (asp 10)

19

The Adult Support and Protection (Scotland) Act 2007 is amended as follows.

20

In section 5(1) (co-operation), for paragraph (b) substitute—

(b) SCSWIS,

21

In section 42(3) (Adult Protection Committees), for paragraph (b) substitute—

(b) SCSWIS,

22

In section 43 (membership)—

(a) in subsection (2), for “the Care Commission” substitute “ SCSWIS ”,

(b) in subsection (3), for “The Care Commission” substitute “ SCSWIS ”.

23

In section 44(2)(c) (Adult Protection Committee procedure), for “the Care Commission” substitute “ SCSWIS ”.

24

In section 45(2)(d) (duty to provide information to Adult Protection Committee), for “the Care Commission” substitute “ SCSWIS ”.

25

In section 46(b)(v) (biennial report), for “the Care Commission” substitute “ SCSWIS ”.

26

In section 53(1) (interpretation of Part 1)—

(a) the definition of the Care Commission is repealed,

(b) after the definition of “removal order” insert—

“SCSWIS” means Social Care and Social Work Improvement Scotland,

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

27

The Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

28

In section 8 (provision of prescribed information to the Scottish Ministers by certain persons)—

(a) in subsection (2)—

(i) the entry relating to the Scottish Commission for the Regulation of Care in the list of persons to whom the section applies is repealed,

(ii) after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”,

(b) in subsection (3)—

(i) in paragraph (c), the words “the Scottish Commission for the Regulation of Care and” are repealed,

(ii) in that paragraph, for “the Commission or, as the case may be, the Council” substitute “ it ”,

(iii) the word “and” immediately following that paragraph is repealed,

(iv) after that paragraph insert—

(ca) in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and

29

In section 17(5)(c) (information relevant to listing decisions)—

(a) sub-paragraph (x) is repealed,

(b) the word “or” immediately following sub-paragraph (xi) is repealed,

(xii) Social Care and Social Work Improvement Scotland, or

30

In section 19 (information held by public bodies etc.), in subsection (3)—

(a) the entry relating to the Scottish Commission for the Regulation of Care in the list of persons who may be required to provide information under subsection (1)(b) of that section is repealed,

(b) after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”.

31

In section 30(7) (notice of listing, etc)—

(a) the entry relating to the Scottish Commission for the Regulation of Care in the list of persons who are “relevant regulatory bodies” is repealed,

(b) after the entry in that list relating to the Scottish Social Services Council insert— “ Social Care and Social Work Improvement Scotland ”.

32

In section 73(d) (consideration of suitability), for the words “the 2001 Act” substitute “ Part 5 of the 2010 Act ”.

33

In section 94 (meaning of “protected child”)—

(a) in subsection (1)(a), for the words “Part 1 of the 2001 Act” substitute “ Part 5 of the 2010 Act ”,

(b) in subsection (3), for the words from “paragraphs” to the end of the subsection substitute

— (a) paragraph (a) of subsection (1) have the same meaning as in schedule 12 to the 2010 Act, (b) paragraph (b)(i) and (ii) of that subsection have the same meaning as in section 105 of that Act,

34

In section 97(1) (general interpretation)—

(a) after the definition of “the 2001 Act” insert—

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010 (asp 8),

(b) in the definition of “care service”, for “the 2001 Act” substitute “ Part 5 of the 2010 Act ”.

35

In schedule 2 (regulated work with children)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 9, for “the 2001 Act” substitute “ schedule 12 to the 2010 Act ”,

36

In schedule 3 (regulated work with adults)—

(a) in paragraph 6, for “the 2001 Act” substitute “ schedule 12 to the 2010 Act ”,

(b) in paragraph 7—

(i) for “section 25 of the 2001 Act” substitute “ Part 5 of the 2010 Act ”,

(ii) after “service”, where it ninth occurs, insert “ and ”,

(iii) for the words “the 2001 Act”, where they second occur, substitute “ schedule 12 to the 2010 Act ”,

(c) in the heading to that paragraph, for “the Scottish Commission for the Regulation of Care” substitute “ Social Care and Social Work Improvement Scotland ”.

Repeals

37

The enactments mentioned in the first column of the following table are repealed to the extent specified in the second column.

SCHEDULE 15

1

Part 3 of the Regulation of Care (Scotland) Act 2001 (asp 8) (the Scottish Social Services Council) is amended as follows.

2

In section 46 (grant or refusal of registration under Part 3)—

(a) in subsection (2), the words from “or”, where it fourth occurs, to the end of the subsection are repealed,

(b) after that subsection insert—

(2A) Where an application is granted unconditionally— (a) the Council shall give the applicant notice of its so granting the application; and (b) registration shall take effect immediately on such notice being given. (2B) If the Council is not satisfied as mentioned in subsection (2), it shall— (a) grant the application subject to such conditions as it thinks fit; or (b) refuse the application. (2C) The Council shall give the applicant notice of its decision under subsection (2B), which shall— (a) give the Council's reasons for the decision; and (b) explain the right of appeal conferred by section 51 of this Act. (2D) A decision to refuse the application takes effect immediately on notice to that effect being given. (2E) Notice of a decision to grant the application subject to conditions shall state— (a) the conditions; and (b) that, within fourteen days after service of the notice, the applicant may make written representations to the Council concerning any matter which the applicant wishes to dispute. (2F) Subject to subsections (2G) and (2H), a decision to grant the application subject to conditions takes effect at the end of the fourteen day period mentioned in subsection (2E). (2G) Where— (a) the applicant makes such representations as are mentioned in subsection (2E); (b) the Council, having considered the representations, confirms the decision mentioned in subsection (2F); and (c) no appeal is brought under section 51 of this Act, the decision takes effect on the expiry of the fourteen day period mentioned in subsection (A1) of that section for bringing such an appeal. (2H) Where an appeal against a decision mentioned in subsection (2F) is brought under section 51 of this Act (whether or not such representations as are mentioned in subsection (2E) are also made), the decision takes effect only when the appeal is finally determined or abandoned.

3

In section 47 (variation etc. of conditions in relation to registration under Part 3)—

(a) in subsection (1), for “that it proposes” substitute “ of its decision ”,

(b) in subsection (2)—

(i) the words from “give” to the end of the subsection become paragraph (a) of the subsection,

(ii) for “proposal” substitute “ decision ”,

(iii) after paragraph (a) (inserted by paragraph (i) above) add—

(b) explain the right of appeal conferred by section 51 of this Act; and (c) state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

4

In section 48 (right to make representations to Council as respects proposal)—

(a) in subsection (1), the words “46(2) or” are repealed,

(b) for subsection (2) substitute—

(2) Subject to subsections (3) and (4), a decision under section 47 of this Act takes effect at the end of the fourteen day period mentioned in subsection (1). (3) Where— (a) the person to whom notice under section 47 was given makes such representations as are mentioned in subsection (1); (b) the Council, having considered the representations, confirms the decision mentioned in that section; and (c) no appeal is brought under section 51 of this Act, the decision takes effect on the expiry of the fourteen day period mentioned in subsection (A4) of that section for bringing such an appeal. (4) Where an appeal against a decision under section 47 is brought under section 51 (whether or not such representations as are mentioned in subsection (1) are also made), the decision takes effect only when the appeal is finally determined or abandoned.

5

In the heading to section 48, for “proposal” substitute “ decision under section 47 ”.

6

In section 49 (removal etc. from the Council's register), in subsection (1)(e), for “proposal” substitute “ decision ”.

7

In section 50 (notice of Council's decision)—

(a) subsection (1) is repealed,

(b) in subsection (2), paragraph (a) and the “or” immediately following it are repealed,

(d) in subsection (4)—

(i) at the beginning insert “ Subject to subsection (5), ”,

(ii) the words from “other” to “application” are repealed,

(iii) in paragraph (a), for the words “referred to in section 51(1) of this Act” substitute “ after the giving of a notice under subsection (2) ”,

(e) after subsection (4) add—

(5) A decision in accordance with rules under section 49(1) of this Act to suspend a person's registration in a part of the register maintained under section 44(1) of this Act takes effect immediately on notice of that decision being given.

8

In the heading to section 50, at the end, add “ under rules under section 49 ”.

9

In section 51 (appeal against decision of Council)—

(a) before subsection (1) insert—

(A1) Where— (a) a person is given notice under subsection (2C) of section 46 of this Act of a decision to grant an application for registration under this Part subject to conditions; (b) the person makes such representations as are mentioned in subsection (2E) of that section; and (c) the Council confirms the decision, the person may, within fourteen days after such confirmation is given, appeal to the sheriff against the decision. (A2) Where— (a) a person is given notice under subsection (2C) of section 46 of this Act of a decision to grant an application for registration under this Part subject to conditions; and (b) no representations such as are mentioned in subsection (2E) of that section are made, the person may, within fourteen days after service of the notice, appeal to the sheriff against the decision. (A3) Where a person is given notice under subsection (2C) of section 46 of this Act of a decision to refuse an application for registration under this Part, the person may, within fourteen days after service of the notice, appeal to the sheriff against the decision. (A4) Where— (a) a person is given notice under section 47(1) of this Act of a decision mentioned in that section; (b) the person makes such representations as are mentioned in section 48(1) of this Act; and (c) the Council confirms the decision, the person may, within fourteen days after such confirmation is given, appeal to the sheriff against the decision. (A5) Where— (a) a person is given notice under section 47(1) of this Act of a decision mentioned in that section; and (b) no representations such as are mentioned in section 48(1) of this Act are made, the person may, within fourteen days after service of the notice, appeal to the sheriff against the decision.

(b) in subsection (1), for “that notice is given” substitute “ service of the notice ”,

(i) for “such an appeal” substitute “ an appeal under this section ”,

(ii) the “or” immediately following paragraph (a) is repealed,

(iii) after paragraph (b) insert

, or (c) direct that it shall not have effect and make such other order as the sheriff thinks fit

10

In section 53 (codes of practice)—

(a) after subsection (3) insert—

(3A) A social service worker shall, so far as relevant, have regard to any code published under subsection (1) by the Council. (3B) An employer of a social service worker, or a person seeking to employ such workers, shall, so far as relevant, have regard to any code published under subsection (1) by the Council.

(b) after subsection (5) insert—

(6) The Scottish Ministers may give directions (of a general or specific nature) to— (a) the persons mentioned in paragraph (a) or (b) of subsection (1); (b) the Council, in relation to any code so published; and such directions must be complied with. (7) The Scottish Ministers may vary or revoke any direction given under subsection (6).

11

In section 64 (complaints procedures)—

(a) in subsection (2)—

(i) for “Ministers” substitute “ Public Services Ombudsman ”,

(ii) the words from “and” to the end of the subsection are repealed,

(b) in subsection (3), for “with such consent” substitute “ after such consultation ”.

SCHEDULE 16

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

SCHEDULE 17

National Health Service (Scotland) Act 1978 (c. 29)

1

The National Health Service (Scotland) Act 1978 is amended as follows.

2

In section 2A (duty of Health Boards and others to promote health improvement)—

(a) in subsection (1) after “of”, where it second occurs, insert “ HIS and ”,

(b) in subsection (2) for “or the Agency” substitute “ the Agency or HIS ”,

3

In the title to that section, for “and the Agency” substitute “ , the Agency and HIS ”.

4

In section 2D (equal opportunities), in subsection (1), for “and the Agency” substitute “ , the Agency and (as respects its health service functions only) HIS ”.

5

In section 13 (co-operation between Health Boards and other authorities), after “Boards,” insert “ HIS (as respects its health service functions only), ”.

6

In section 13A (co-operation in planning of services for disabled persons, the elderly and others), in subsection (1), after “section” where it third occurs insert “ (including HIS) ”.

7

In section 15 (supply of goods and services to local authorities, etc.)—

(a) after subsection (1), insert—

(1A) Paragraphs (b) to (e) of subsection (1) apply to HIS (in respect of the exercise of its health service functions only) as they apply to a Health Board.

(b) in subsection (2), after “subsection (1)”, insert “ (including paragraph (b) as applied by subsection (1A)) ”.

8

In section 17A (NHS contracts), after subsection (2)(b) insert—

(ba) HIS;

9

In section 77 (default powers), in subsection (1)—

(a) the word “or” immediately following paragraph (a) is repealed,

(b) after paragraph (c) insert

; or (d) HIS,

10

In section 78A (powers in case of service failure)—

(a) in subsection (4)—

(i) the word “or” immediately following paragraph (b) is repealed,

(ii) after paragraph (c) insert

, or (d) HIS.

(b) in subsection (5)(a), for “or the Agency” substitute “ , the Agency or HIS. ”.

11

In section 79 (purchase of land and moveable property), in subsection (3), for “or the Agency” substitute “ , the Agency or (in connection with the exercise of its health service functions only) HIS ”.

12

In section 83 (power of Health Boards and local health councils to hold property on trust)—

(a) in subsection (1), after “Board” insert “ , and HIS, ”,

(b) after that subsection insert—

(1ZA) Any reference in subsection (1) to a function of HIS is to be construed as a reference to that body's health service functions only.

13

In section 84 (power of trustees to make payments to Health Boards)—

(a) in subsection (1)—

(i) after “Board”, where it second occurs, insert “ or (in connection with the exercise of its health service functions only) by HIS ”,

(ii) after “concerned” insert “ or, as the case may be, to HIS ”,

(b) in subsection (3), after “Board” insert “ or to HIS ”.

14

In section 84A (power to raise money, etc. by appeals, collections, etc.)—

(a) in subsection (1), after “Board” insert “ or (in connection with the exercise of its health service functions only) HIS ”,

(b) in subsection (3), after “power” insert “ or, as the case may be, by or for the benefit of HIS, ”,

(4A) Subsection (4) applies (subject to the subsections mentioned there) to HIS in respect of property given in pursuance of this section as it applies to a Health Board in respect of such property given at the instance of the Health Board.

(d) in subsection (5)—

(i) after “Board”, where it first occurs, insert “ or by HIS ”,

(ii) at the end insert “ or, as the case may be, of HIS as HIS thinks fit. ”,

(e) in subsection (6)—

(i) after “Board”, where it first occurs, insert “ or by HIS ”,

(ii) in paragraph (a) after “Board” insert “ or, as the case may be, HIS ”,

(iii) in paragraph (b) after “Board”, where it first occurs, insert “ or by HIS ”,

(iv) at the end insert “ or, as the case may be, any of the health service functions of HIS as HIS thinks fit. ”,

(f) in subsection (7), after “Board” insert “ or, as the case may be, HIS ”.

15

In section 85AA (means of meeting expenditure of Health Boards out of public funds)—

(a) in subsection (3)—

(i) after “Board”, where it first occurs, insert “ and to HIS ”,

(ii) after “Board”, where it second occurs, insert “ or, as the case may be, HIS ”,

(b) in subsection (4)(a) after “functions” insert “ or, as the case may be, by HIS of its health service functions, ”,

(d) in subsection (8)—

(i) after “Board”, where it first occurs, insert “ or to HIS ”,

(ii) after “subsection” insert “ and HIS, when directions are so given to it, ”.

16

In section 85 (expenses of certain bodies)—

(a) in subsection (1), after paragraph (e) insert—

(ea) HIS;

(b) after that subsection insert—

(1A) The reference in subsection (1) to the functions of HIS is to be construed as a reference to that body's health service functions only.

17

In section 85A (financial duties of bodies referred to in section 85)—

(a) after subsection (1) insert—

(1A) References to “functions” in subsection (1) are, in the application of that subsection to HIS, to be construed as references to HIS's health service functions only.

(b) in subsection (4)(a), after “Board” insert “ , HIS ”.

18

In section 85B (schemes for meeting losses and liabilities etc. of certain health service bodies)—

(a) in subsection (2), after paragraph (e) insert—

(ea) HIS;

(b) after that subsection insert—

(2A) The reference— (a) in paragraph (a) of subsection (1) to property of HIS is to be construed as a reference to property held by HIS in connection with the exercise of its health service functions; (b) in paragraph (b) of that subsection to the functions of HIS is to be construed as a reference to the health service functions of that body.

(d) in subsection (4)(b), after “Agency” insert “ , HIS ”.

19

In section 86 (accounts of Health Boards and the Agency)—

(a) in subsection (1)—

(i) after paragraph (b) insert—

(ba) HIS;

(ii) after “them” insert “ (in the case of HIS, in connection with the exercise of that body's health service functions only) ”,

(b) in each of subsections (3) and (4), for “and (b)” substitute “ , (b) and (ba) ”.

20

In section 87 (regulation of financial arrangements of Health Boards)—

(a) in subsection (1), after “Agency” insert “ HIS ”,

(b) after subsection (3) add—

(4) In relation to HIS, the references— (a) in subsection (1) to payments; (b) in subsection (2) to arrangements and affairs; and (c) in subsection (3) to affairs, are to be construed as references to payments, arrangements and affairs for or in connection with the exercise by HIS of its health service functions only.

21

In section 105 (orders, regulations and directions), in subsection (3)—

(a) after “under”, where it first occurs, insert “ section 10O, section 10Z7 or ”,

(b) after “under”, where it second occurs, insert “ section 10G, 10Z16(3) or ”.

22

In section 108 (interpretation and construction), after the definition of “health service hospital” insert—

“HIS” has the meaning indicated in section 10A;

National Health Service and Community Care Act 1990 (c. 19)

23

In the National Health Service and Community Care Act 1990, in subsection (7) of section 60 (removal of Crown immunity), after paragraph (b) insert—

(ba) Healthcare Improvement Scotland established under section 10A of that Act;

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

24

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies)—

(a) the entry relating to NHS Quality Improvement Scotland is repealed,

(b) at an appropriate place, in alphabetical order, insert— “ Healthcare Improvement Scotland ”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

25

In Part 1 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities), after paragraph 4(f) add—

(g) Healthcare Improvement Scotland

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

26

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities), under the heading “National Health Service bodies”, at the appropriate place in alphabetical order, insert— “ Healthcare Improvement Scotland ”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

27

The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

28

In section 7 (duty to bring matters generally to the attention of Scottish Ministers and others), after paragraph (e) insert—

(ea) Healthcare Improvement Scotland;

29

In section 8(3) (duty to bring specific matters to the attention of Scottish Ministers and others etc), after paragraph (j) insert—

(ja) Healthcare Improvement Scotland;

30

In section 9(2) (duty to give advice), after paragraph (d) insert—

(da) Healthcare Improvement Scotland;

31

In section 17(2) (duties of Scottish Ministers, local authorities and others as respects Commission), after paragraph (h) insert—

(ha) Healthcare Improvement Scotland;

32

In section 34(3) (inquiries under section 33: co-operation), after paragraph (b) insert—

(ba) Healthcare Improvement Scotland;

33

In section 30 of the Smoking, Health and Social Care (Scotland) Act 2005 (implementation of certain decisions under the Regulation of Care (Scotland) Act 2001), subsection (2) is repealed.

Human Tissue (Scotland) Act 2006 (asp 4)

34

In section 13 of the Human Tissue (Scotland) Act 2006 (preservation for transplantation), in subsection (5), in the definition of registered independent health care services, for the words from “section 2(5)” to the end of the definition substitute “ section 10E of the National Health Service (Scotland) Act 1978 (c. 29)) registered under section 10P of that Act; ”.

Adult Support and Protection (Scotland) Act 2007 (asp 10)

35

In the Adult Support and Protection (Scotland) Act 2007—

(a) in section 5 (co-operation), in subsection (1), after paragraph (b) insert—

(ba) Healthcare Improvement Scotland,

(b) in section 42 (Adult Protection Committees), in subsection (3), after paragraph (b) insert—

(ba) Healthcare Improvement Scotland,

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

36

In the Protection of Vulnerable Groups (Scotland) Act 2007—

(a) in section 8 (provision of prescribed information to the Scottish Ministers by certain persons)—

(i) in subsection (2), after the entry relating to the General Teaching Council for Scotland in the list of persons to whom the section applies insert— “ Healthcare Improvement Scotland ”,

(ii) in subsection (3), after paragraph (a) insert—

(aa) in relation to Healthcare Improvement Scotland, such functions as are conferred on it by virtue of the National Health Service (Scotland) Act 1978 (c. 29) and any other enactment,

(b) in section 19 (information held by public bodies etc.), in subsection (3), after the entry relating to Health Boards and Special Health Boards in the list of persons who may be required to provide information under subsection (1)(b) of that section insert— “ Healthcare Improvement Scotland ”,

(c) in section 30 (notice of listing), in subsection (7), after the entry relating to the General Teaching Council for Scotland in the list of persons who are “relevant regulatory bodies” insert— “ Healthcare Improvement Scotland ”,

(d) in section 94 (meaning of “protected adult”), in subsection (3), after paragraph (b) add—

(c) paragraph (b)(iii) to (vi) of that subsection have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c. 29).

(e) in schedule 2 (regulated work with children), in paragraph 10, for “the 2001 Act” substitute “ section 10F of the National Health Service (Scotland) Act 1978 (c. 29) ”,

(f) in schedule 3 (regulated work with adults), in paragraph 7—

(i) after “of”, where it second occurs, insert “ section 10J or 10M of the National Health Service (Scotland) Act 1978 (c. 29) or ”,

(ii) the words “, and “independent health care service”” are repealed,

(iii) at the end add “ ; and “independent health care service” has the same meaning as in section 10F of the National Health Service (Scotland) Act 1978. ”,

(g) in the heading to that paragraph of schedule 3, after the word “Scotland” (inserted by schedule 14), add “ and Healthcare Improvement Scotland ”.

Public Health etc. (Scotland) Act 2008 (asp 5)

37

In the Public Health etc. (Scotland) Act 2008—

(a) in section 6 (duty of health boards and local authorities to co-operate with certain persons), in subsection (2), after paragraph (d) insert—

(da) Healthcare Improvement Scotland;

(b) in section 117 (disclosure of information), in subsection (8), after paragraph (d) insert—

(da) Healthcare Improvement Scotland;

SCHEDULE 18

1

In section 326(4)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), for “3(3)” substitute “ 2A(2) or 7A(4) ”.

2

Schedule 1 to that Act is amended as follows.

3

Paragraphs 3, 4 and 5 are repealed.

4

After paragraph 2 insert—

(2A) (1) The Commission is to consist of the following members— (a) a person appointed by the Scottish Ministers to chair the Commission; and (b) no fewer than 6 nor more than 8 other members appointed by the Scottish Ministers. (2) The Scottish Ministers may by order amend sub-paragraph (1)(b) by substituting for the minimum or maximum number of members for the time being specified there such other number as they think fit. (2B) (1) In appointing members, the Scottish Ministers are to have regard to the desirability of including— (a) persons who have experience of, and have shown capacity and capability in, the provision of services to those who have a mental disorder; (b) persons who use, or have used, such services; (c) persons who are, or have been, carers of those who have a mental disorder; (d) persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of the Commission's functions. (2) In appointing members under paragraph 2A(1)(b), the Scottish Ministers must appoint at least— (a) one person who falls within paragraph (b) of sub-paragraph (1) of this paragraph; and (b) one person who falls within paragraph (c) of sub-paragraph (1) of this paragraph. (2C) (1) Each member of the Commission is to be appointed for such period as the Scottish Ministers think fit. (2) A member— (a) holds and vacates office in accordance with the terms and conditions of appointment; but (b) may, by written notice to the Scottish Ministers, resign office as a member. (3) A person is, on ceasing to be a member, eligible for reappointment. (2D) The Scottish Ministers may, by written notice, remove a member from office if they are satisfied that— (a) the member— (i) has been adjudged bankrupt; (ii) has granted a trust deed for creditors or a composition contract; (iii) has proposed a voluntary arrangement which has been approved; (b) the member's estate has been sequestrated; (c) the member has been absent from 3 consecutive meetings of the Commission without the permission of the Commission; (d) the member is otherwise unfit or unable to discharge the functions of a member. (2E) A person is disqualified from appointment, and from holding office, as a member of the Commission if that person is— (a) a member of the Scottish Parliament; (b) a member of the House of Commons; (c) a member of the European Parliament.

5

In paragraph 7—

(a) in sub-paragraph (1), after “below” insert “ and paragraph 10A ”,

(b) in sub-paragraph (1)(a), for “officer” substitute “ executive ”,

(d) in sub-paragraph (4), for “officer” substitute “ executive ”.

6

In the title to paragraph 7, for “officer” substitute “ executive ”.

7

After paragraph 7 insert—

(7A) (1) The Commission must appoint such staff, employed under paragraph 7(1)(a) or (b), to exercise the functions of Commission Visitors; and when doing so those staff are to be known as Commission Visitors. (2) The Commission may arrange for such other persons as it thinks fit to be appointed as and exercise the functions of Commission Visitors; and when doing so those persons are to be known as Commission Visitors. (3) There may be no more than 10 Commission Visitors appointed by the Commission under sub-paragraph (2). (4) The Scottish Ministers may by order amend sub-paragraph (3) by substituting for the maximum number of Commission Visitors for the time being specified there such other number as they think fit. (5) In appointing Commission Visitors, the Commission is to have regard to the desirability of appointing— (a) persons who have experience of, and have shown capacity and capability in, the provision of services to those who have a mental disorder; (b) persons who use, or have used, such services; (c) persons who are, or have been, carers of those who have a mental disorder; (d) persons who have such other skills, knowledge or experience as the Commission considers to be relevant in relation to the exercise of the functions of Commission Visitors. (6) In appointing Commission Visitors, the Commission must appoint at least— (a) one person who falls within paragraph (b) of sub-paragraph (5); and (b) one person who falls within paragraph (c) of sub-paragraph (5). (7) In this Act (unless the context otherwise requires), any reference to a function of a Commission Visitor (or the functions of Commission Visitors) is a reference to a function conferred by this Act or any other enactment. (7B) (1) The arrangements entered into by virtue of paragraph 7A(2) may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons. (2) Persons appointed as Commission Visitors by virtue of paragraph 7A(2) are not members of staff of the Commission. (7C) (1) In appointing Commission Visitors, the Commission must appoint one or more persons who have such qualifications, training and experience as may be prescribed by regulations for the purposes of carrying out the functions of Commission Visitors under section 15 of this Act. (2) Persons so appointed may also be known as Medical Visitors. (7D) (1) The Commission may establish committees for any purpose relating to its functions. (2) Subject to sub-paragraph (7), the Commission is to determine the composition of its committees. (3) The Commission may appoint persons who are not members of the Commission to be members of a committee. (4) A committee of the Commission is to comply with any directions given to it by the Commission. (5) The Commission must establish at least one committee (an “advisory committee”) for the purpose of giving advice to it about matters connected to its functions. (6) In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by any advisory committee (whether or not given at its request). (7) An advisory committee must include persons of a description as may be prescribed by regulations. (7E) (1) The Commission may determine its own procedure and that of its committees, including a quorum for meetings. (2) The validity of any proceedings of the Commission, or any of its committees, is not affected by a vacancy in membership nor by any defect in the appointment of a member. (3) Members of the Scottish Executive and persons authorised by the Scottish Ministers may attend and take part in meetings of the Commission or any of its committees, but are not entitled to vote at such meetings. (7F) (1) A member of the Commission may not— (a) exercise the functions of a Commission Visitor; (b) be appointed as a Commission Visitor. (2) The chief executive may not be a member of the Commission. (3) A member of staff of the Commission (other than a Commission Visitor) may not exercise the functions of a Commission Visitor. (4) An appointment as a Commission Visitor under paragraph 7A(1) does not affect the appointed person's— (a) status as employed under paragraph 7(1)(a) or (b); or (b) ability to perform the duties of the person as so employed. (7G) (1) The Commission may, subject to sub-paragraphs (2), (3) and (4), authorise— (a) the chief executive; (b) any other employee; (c) any of its committees, to exercise such of its functions, and to such extent, as it may determine. (2) The Commission may not authorise any of the following functions to be exercised by any other person— (a) the functions of the Commission under section 12 (investigations: further provision); (b) the approval of any acquisition or disposal of land or other property with a value greater than £50,000 or such other amount as the Commission may, with the consent of the Scottish Ministers, determine; (c) the approval of annual reports and accounts; (d) the approval of any budget or other financial plan. (3) Any function conferred on a Commission Visitor may not be delegated by the Commission. (4) Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions. (5) The chief executive may, with the consent of the Commission, authorise— (a) any other employee; (b) any of the Commission's committees, to exercise such of the chief executive's functions, and to such extent, as the chief executive, with such consent, may determine. (6) Sub-paragraph (5) does not affect the responsibility of the chief executive for the exercise of the chief executive's functions. (7H) (1) The Commission must delegate to the chief executive the functions mentioned in sub-paragraph (2). (2) The functions are— (a) the Commission's functions relating to the discharge of patients under this Act; (b) the Commission's functions under section 73 of the Adults with Incapacity (Scotland) Act 2000 (asp 4). (3) When exercising those functions so delegated, the chief executive must— (a) consult the Commission; (b) consult a Commission Visitor in every case in which it appears to the chief executive appropriate to do so; (c) have regard to any relevant guidance issued by the Commission. (4) Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions. (7I) The Commission's determination of the location of its office premises is subject to the approval of the Scottish Ministers.

8

Paragraph 8 is repealed.

9

After paragraph 10 insert—

(10A) (1) The person who, immediately before the coming into force of this paragraph, holds (by virtue of paragraph 7) the post of chief officer of the Commission becomes the first chief executive of the Commission. (2) But if— (a) there is no person holding that post immediately before the coming into force of this paragraph; or (b) the person holding the post immediately before the coming into force of this paragraph is unwilling or unable to be the chief executive, the Scottish Ministers are to make the first appointment of the chief executive of the Commission on such terms and conditions as the Scottish Ministers may determine. (3) Each subsequent chief executive is appointed in accordance with paragraph 7. (4) Where sub-paragraph (1) applies, the person becoming the first chief executive of the Commission does so on the terms and conditions which applied to the post of chief officer held by that person. (10B) Any person who, immediately before the coming into force of this paragraph, is a member of the Commission (including any ex officio members) by virtue of paragraph 3 ceases automatically to hold office as such a member.

SCHEDULE 19

SCHEDULE 20

Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland

Dissolution of Scottish Records Advisory Council

Dissolution of Building Standards Advisory Committee

Forestry Commissioners: joint ventures etc.

Regulation of officers of court

Public functions: efficiency, effectiveness and economy

Public functions: further provision

Public functions: duties to provide information on certain expenditure etc.

Establishment of Creative Scotland

Healthcare Improvement Scotland

Healthcare Improvement Scotland: constitution, etc.

The Mental Welfare Commission for Scotland

Scrutiny: user focus

Complaints handling procedures

Information to appear on charity websites

Powers of Court of Session: deemed removal of persons

Complaints handling procedures

Variation, revocation and review of directions

Appointment of charity trustees

Complaints about water services and sewerage services providers

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)

Water Industry (Scotland) Act 2002 (asp 3)

Water Services etc. (Scotland) Act 2005 (asp 3)

Consumers, Estate Agents and Redress Act 2007 (c. 17)

Transfer of staff

Transfer of property etc.

Transfer of undetermined complaints

Debtors (Scotland) Act 1987 (c. 18)

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Scottish Administration

Scottish public authorities with mixed functions or no reserved functions

Cross-border public authorities

Deregulation and Contracting Out Act 1994 (c. 40)

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

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

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)

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

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

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

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)

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)

Editorial notes

[^key-152c24782ff18fbb4d4137e5acddeb90]: S. 36 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-5968961fd51035e416ef5ff7fbf79b2e]: S. 37 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-42af19548366fc0ea56d574745b14717]: S. 38 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-06b1f4dc525faa9ab8284eacd78c741b]: S. 39 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-072caad097309c53804f72ec03012c25]: S. 40 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-6ab1baafab714dc832397efc5852c7c4]: S. 41 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-9ae2e8a98ddc7113cbd2854f57e40817]: S. 42 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-5a8d2b12b0338d1a53394979d687c388]: S. 43 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-a562d712f9fd86af26783eb6d6ede4b4]: Sch. 9 para. 1 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-629597b573da8de1f004f2414455c9a3]: Sch. 9 para. 2 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-0cb8718e7af04fa0396339c065b2f219]: Sch. 9 para. 3 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-cbae95977aecd68ae6277e69a3bf59f7]: Sch. 9 para. 4 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-ee86b98dd967bdfedf1a53b88d10eada]: Sch. 9 para. 5 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-f921fc0c1557306879d17571002f6c74]: Sch. 9 para. 6 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-62c11f4c710573c510f776d6624f324a]: Sch. 9 para. 7 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-303a8f2a60a9e489e428fe19deedaae3]: Sch. 9 para. 8 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-6712faf96eb3dbdf326b812eda75f592]: Sch. 9 para. 9 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-a7e53874a5ecfc821f38918d63dff951]: Sch. 9 para. 10 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-13146038b6afeac6c336477284a30f7d]: Sch. 9 para. 11 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-505f9cf9f2e91fe0086350de9db807e1]: Sch. 9 para. 12 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-52a4f094a7139d026f41d77ef6603b5f]: Sch. 9 para. 13 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-d4883e669d2fd6345e32196e5c13a65e]: Sch. 9 para. 14 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-977e617610f32b48b045c155495d952e]: Sch. 10 para. 1 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-3746f62128b23c0ab1333470e0e31303]: Sch. 10 para. 2 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-5bf1245feb8158274cb5f3c8ed8835b2]: Sch. 10 para. 3 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-957da3a433955e88793cf7ed428f341e]: Sch. 10 para. 4 in force at 1.7.2010 by S.S.I. 2010/221, art. 3(1)

[^key-e7b09c091cea07713a1142b142e22b9a]: S. 1 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-32640f771d888fafc5f3c8a9dc88503c]: S. 2 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-b57f680dec347ac739c651dd29687eef]: S. 4 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-7edb59ce6f9b6a6716b30c524c638fc9]: S. 5 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-bfdff8be9edfe3f89e3d1bd59569d529]: S. 6 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-ac1d091a571cba209ff0b27adf8b323f]: S. 7 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-cd1dc14217b6dda02e5ecaefcf3c5d05]: S. 8 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-487a959b3d8eea23279fff9b1f33767d]: S. 9 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-9052cf0f336d3ed875d9a7a2c109f005]: S. 10 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-8b453778c4efa2667631db4e0cfc7b16]: S. 11 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-d3beccd98009220fd6dbfab74dc0948f]: S. 12 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-69f9400efbf0d80bbc4ddaecaebbc12a]: S. 14 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-53c207ea2420d225a3d37a48531e2f5c]: S. 15 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-9f4dea24b7baa12f33f3174d1877ab22]: S. 16 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-c14babaf7387e0fe0f1fe23994d64827]: S. 17 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-7fa50b52290d13165c3407fa9bbe1563]: S. 18 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-4880e1bb4249c67bfa52c1016077372b]: S. 19 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-3c7dcfe53d8e9830e81eab86cd02dfad]: S. 20 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-409dd5480e46f7eccfc82dda380aee44]: S. 21 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-93f62bf4b562c190c2d1a07a2b1997af]: S. 22 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-147b18d1e5c9fa726a83a5125d151e1f]: S. 23 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-2c45ea842f423cb3c8cae1a605bf8af7]: S. 24 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-d041eaabda9b86ddbb60c3b6b152af99]: S. 25 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-1426853df53844bc3a034f8de707cbe6]: S. 26 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-50b99ed5f4700fd210fe9c9fe3d738f9]: S. 27 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-18390d1d092d965650bea48fd534766c]: S. 28 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-d9b7be302e8753797c79f276bd147d76]: S. 29 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-a3fd6581e6791f222b50c58ffd747ed6]: S. 30 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-077937b286924a3497de3224dfffa121]: S. 44 in force at 1.8.2010 for specified purposes by S.S.I. 2010/221, art. 3(2)(3), Sch.

[^key-a4bf496a241b3393153319bd0b86e58f]: S. 107 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-f39987777ab3f9f1232fb79a75d955da]: S. 108 in force at 1.8.2010 for specified purposes by S.S.I. 2010/221, art. 3(2)(3), sch.

[^key-0a435a0a52f310ea63a184fcfe4846f4]: S. 110(1) in force at 1.8.2010 for specified purposes by S.S.I. 2010/221, art. 3(2)(3), Sch.

[^key-bdf5774a95b7702a72d7906f614e460f]: S. 111 in force at 1.8.2010 for specified purposes by S.S.I. 2010/221, art. 3(2)(3), Sch.

[^key-c91a0d1ed021986d8491ee227f67ea96]: S. 119 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-cb98d488937888b00c56445d10faca11]: S. 120 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-296c0f9eab17c9d75eb9675072a163c0]: S. 121 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-3eca68986fe46ad6b53f80eee82a9063]: S. 122 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-f23bbdf949d1912bbacc28b4b583a0d5]: S. 123 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-3f7e4e919c58dae4ffa8514573862f98]: S. 124 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-902e2b2d539c93753090be618fdf1c99]: S. 126 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-135ed623924b9a1e6988ca5593c4147e]: S. 127 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-71a56442be4aad25f24ffc26f68a7cc9]: S. 128 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-1388350fd484f7d8286c3849f5e10d1e]: S. 129 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-46f25d058bad244d5afc78c38f5a9890]: Sch. 1 para. 1 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-b9587501486624ebeb1c3c66cf616954]: Sch. 1 para. 2 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-7fa6992348091ba6296f76802ba12589]: Sch. 1 para. 3 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-08a0baf66af72b1cd18ce92db716ff5b]: Sch. 1 para. 4 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-3893a3757a00e6d7fd526d49548d696d]: Sch. 1 para. 5 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-9e5caace8fd0228ec6518f7203b27df1]: Sch. 1 para. 6 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-ea9f1dd2280cefbf0f0da7890fe3f9c9]: Sch. 1 para. 7 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-c2456823454dfe8c5ce07cfade4da18e]: Sch. 1 para. 8 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-182212e86575fe56e5b2637658097fcf]: Sch. 1 para. 9 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-f0864d5a2c7043774178ac337e5caab8]: Sch. 1 para. 10 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-82c64655cdaf0171852d96d39e08cf35]: Sch. 1 para. 11 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-0314a2239dca30e3b303b4ea6de9316e]: Sch. 1 para. 12 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-0c13efa7f4925db37b58e1427a63c227]: Sch. 1 para. 13 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

[^key-48e24cf2577d1e610fe6ab8cfda77ca9]: Sch. 1 para. 14 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

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