Public Bodies (Joint Working) (Scotland) Act 2014

(7) In this section— - “independent health care service” has the meaning given by section 10F(1) of the National Health Service (Scotland) Act 1978; - “integration delivery principles” has the meaning given by section 31 of the 2014 Act; - “national health and wellbeing outcomes” has the same meaning as in section 5(1) of the 2014 Act.

.

Healthcare Improvement Scotland

55

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

• (2) In section 10I (Healthcare Improvement Scotland: inspection of services provided under the health service)—

• (a) for subsection (1), substitute—

(1) HIS may inspect any service provided under the health service— (a) in pursuance of its general duty of furthering improvement in the quality of health care in Scotland, or (b) for any of the purposes mentioned in subsection (1B).

,

• (b) after subsection (1), insert—

(1A) Where a service provided under the health service and social services are provided by virtue of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), HIS may inspect the planning, organisation or co-ordination of those services for any of the purposes mentioned in subsection (1B). (1B) The purposes are— (a) reviewing and evaluating the extent to which the service is complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes, (b) reviewing and evaluating the extent to which the planning, organisation or co-ordination of services provided under the health service and social services is complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes, (c) reviewing and evaluating the effectiveness of a strategic plan prepared under section 29 of the 2014 Act in complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes, (d) encouraging improvement in the extent to which implementation of a strategic plan prepared under section 29 of the 2014 Act complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes, and (e) enabling consideration as to the need for any recommendations to be prepared as to any such improvement to be included in the report prepared under section 10N.

, and

• (c) after subsection (2), insert—

(3) In this section— - “integration delivery principles” has the meaning given by section 31 of the 2014 Act; - “national health and wellbeing outcomes” has the same meaning as in section 5(1) of the 2014 Act; - “social services” has the meaning given by section 46 of the Public Services Reform (Scotland) Act 2010.

.

• (3) In section 10J (inspections of independent health care services)—

• (a) in subsection (1), after paragraph (b), add—

(c) where services provided by an independent health care service and social services are provided in pursuance of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), the planning, organisation or co-ordination of those services.

,

• (b) in subsection (2)—

• (i) for “this section” substitute “ subsection (1)(a) or (b) ”,

• (ii) after paragraph (e), add—

(f) reviewing and evaluating the extent to which the independent health care service is complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes, (g) reviewing and evaluating the extent to which the planning, organisation or co-ordination of services provided by an independent health care service and social services is complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes, (h) reviewing and evaluating the effectiveness of a strategic plan prepared under section 29 of the 2014 Act in complying with the integration delivery principles and contributing to achieving the national health and wellbeing outcomes, (i) encouraging improvement in the extent to which implementation of a strategic plan prepared under section 29 of the 2014 Act complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes, and (j) enabling consideration as to the need for any recommendations to be prepared as to any such improvement to be included in the report prepared under section 10N.

,

• (c) after subsection (2), insert—

(2A) The purposes of an inspection under subsection (1)(c) may include any of those mentioned in subsection (2)(f) to (j).

, and

• (d) after subsection (7), add—

(8) In this section— - “integration delivery principles” has the meaning given by section 31 of the 2014 Act; - “national health and wellbeing outcomes” has the same meaning as in section 5(1) of the 2014 Act; - “social services” has the meaning given by section 46 of the Public Services Reform (Scotland) Act 2010.

.

Joint inspections of health services and social services

56

• (1) The Public Services Reform (Scotland) Act 2010 is amended as follows.

• (2) In section 115(11) (meaning of “confidential information”), for “section”, where it second occurs, substitute “ sections 116A(4) and ”.

• (3) After section 116, insert—

(116A) (1) Social Care and Social Work Improvement Scotland (“SCSWIS”) and Healthcare Improvement Scotland (“HIS”) may jointly conduct an inspection in relation to— (a) any social services, services provided under the health service or services provided by an independent health care service which are provided in pursuance of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), or (b) a local authority, Health Board or integration joint board (as defined in section 1(4)(a) of the 2014 Act) which is required by section 29 of the 2014 Act to prepare a strategic plan. (2) The purposes of an inspection under this section may be any of those mentioned in section 10I(1) or (1B) or 10J(2) of the National Health Service (Scotland) Act 1978 or section 53(2) of this Act. (3) On the request of SCSWIS and HIS, any other person or body mentioned in section 115(6) may conduct an inspection under subsection (1) jointly with SCSWIS and HIS. (4) In conducting an inspection under this section, SCSWIS and HIS must have regard to any code of practice or practice note issued by the Scottish Ministers for the purpose of— (a) giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality, such matters as access to confidential information and the holding, sharing and destruction of such information), (b) promoting what appear to them to be desirable practices with regard to such matters. (5) After conducting an inspection under this section, SCSWIS and HIS must— (a) prepare a report, and (b) give any person to whom the report relates an opportunity to comment on the report. (6) SCSWIS and HIS must— (a) give the report to the Scottish Ministers, (b) give copies of the report to any person to whom the report relates, and (c) make copies of the report available at their offices for inspection by any person at any reasonable time. (7) In this section— - “independent health care service” has the meaning given by section 10F of the National Health Service (Scotland) Act 1978; - “social services” has the meaning given by section 46.

.

• (4) In section 117 (regulations relating to joint inspections), after subsection (5), add—

(6) In this section, “joint inspection” means an inspection conducted under section 115 or 116A.

.

Amendments of section 56 of Local Government (Scotland) Act 1973

57

In section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities)—

• (a) after subsection (7), insert—

(7A) A local authority is not to make arrangements under this section for the discharge of any functions conferred on it by the Public Bodies (Joint Working) (Scotland) Act 2014 by any other local authority.

, and

• (b) after subsection (15), add—

(16) In this section, “Act” includes an Act of the Scottish Parliament.

.

Children’s services planning

58

In section 7(1) of the Children and Young People (Scotland) Act 2014 (which makes provision for introductory matters relating to children's services planning), in the definition of “other service provider”, after paragraph (e), insert—

(f) an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.

.

Meaning of “integration authority”

59

For the purposes of this Part, the “integration authority” for the area of a local authority is—

• (a) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(a), the integration joint board established in pursuance of the scheme,

• (b) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(b), the Health Board to which the functions are delegated,

• (c) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(c), the local authority to which the functions are delegated,

• (d) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(d)

• (i) in sections 23 to 28, 29(4) and (6)(b) and 41(1) and so far as relating to a particular function, the local authority or Health Board to which the function is delegated,

• (ii) in any other section,

the local authority and the Health Board to which the functions are delegated, acting jointly.

Meaning of “integration functions”

60

• (1) For the purposes of this Part, the “integration functions” for the area of a local authority are—

• (a) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(a), the functions delegated to the integration joint board in pursuance of the scheme,

• (b) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(b)—

• (i) the functions delegated to the Health Board in pursuance of the scheme, and

• (ii) the functions to be carried out in conjunction with those functions,

• (c) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(c)—

• (i) the functions delegated to the local authority in pursuance of the scheme, and

• (ii) the functions to be carried out in conjunction with those functions,

• (d) where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model mentioned in section 1(4)(d)—

• (i) the functions delegated to each of the Health Board and the local authority in pursuance of the scheme, and

• (ii) the functions to be carried out in conjunction with those functions.

• (2) In subsection (1), the references to the functions which are to be carried out in conjunction with delegated functions are to the functions set out in the integration scheme in pursuance of section 1(3)(c).

Meaning of “constituent authority”

61

For the purposes of this Part, each local authority and the Health Board which prepared the integration scheme in pursuance of which an integration joint board was, or is to be, established is a “constituent authority” in relation to that board.

PART 2 — Shared services

Shared services

62

• (1) The Common Services Agency for the Scottish Health Service (the “Agency”) may, with the consent of the Scottish Ministers, enter into arrangements with a person mentioned in subsection (2) under which the Agency provides, or secures the provision of, any goods or services for the person.

• (2) The persons are—

• (a) the Scottish Ministers,

• (b) any other office-holder in the Scottish Administration,

• (c) any Scottish public authority,

• (d) any Scottish public authority with mixed functions or no reserved functions,

• (e) any government department,

• (f) any cross-border public authority,

• (g) any body corporate formed by a Health Board or by the Agency, or in the formation of which a Health Board or the Agency participated, by virtue of a delegation of the power in section 84B(1), (1A) or (2A) of the National Health Service (Scotland) Act 1978 (joint ventures).

• (3) Services which may be provided under subsection (1) include in particular—

• (a) administrative services,

• (b) technical services,

• (c) legal services,

• (d) other professional services,

• (e) accommodation services.

• (4) The power to make arrangements under subsection (1) is without prejudice to any other power of the Agency to provide goods or services to other persons.

• (5) The Scottish Ministers may by order amend subsection (2) so as to add or remove a person, or a description of a person, for the time being mentioned in or falling within that subsection.

• (6) In this section—

• “cross-border public authority” has the meaning given by section 88(5) of the Scotland Act 1998,

• “government department” has the meaning given by section 126(1) of that Act,

• “office-holder in the Scottish Administration” is to be construed in accordance with section 126(7) of that Act,

• “Scottish public authority” has the meaning given by section 126(1) of that Act except that it does not include—a Health Board,a Special Health Board (constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978), orHealthcare Improvement Scotland,

• “Scottish public authority with mixed functions or no reserved functions” means persons, bodies and office-holders (other than the Agency) listed in schedule 5 to the Public Services Reform (Scotland) Act 2010 (improvement of public functions: listed bodies) under the heading “Scottish public authorities with mixed functions or no reserved functions”.

Section 62: consequential provision

63

• (1) The National Health Service (Scotland) Act 1978 is amended in accordance with subsections (2) and (3).

• (2) In section 10 (Common Services Agency)—

• (a) in subsection (1), the words from “which” to the end are repealed, and

• (b) after that subsection, insert—

(1A) The Agency has the functions conferred on it by— (a) this Act, and (b) section 62 of the Public Bodies (Joint Working) (Scotland) Act 2014.

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

• (a) in subsection (1)—

• (i) for “, a Health Board or the Agency”, in the first two places where it occurs, substitute “ or a Health Board ”, and

• (ii) in paragraph (e), the words “or the Agency” are repealed,

• (b) after that subsection, insert—

(1ZA) Paragraph (a) of subsection (1) applies to the Agency as it applies to a Health Board.

,

• (c) in subsection (2), after “including” insert “ paragraph (a) as applied by subsection (1ZA) and ”, and

• (d) subsections (2A) to (2D) are repealed.

• (4) In section 17(2) of the Patient Rights (Scotland) Act 2011, for “that Act” substitute “ the 1978 Act ”.

Common Services Agency for the Scottish Health Service: residual liabilities

64

In section 2(1) of the National Health Service (Residual Liabilities) Act 1996 (certain Scottish health bodies: duty to transfer residual liabilities on ceasing to exist), for “or a Special Health Board” substitute “ , a Special Health Board or the Common Services Agency for the Scottish Health Service ”.

Extension of schemes for meeting losses and liabilities of health service bodies

65

• (1) Section 85B of the National Health Service (Scotland) Act 1978 (schemes for meeting losses and liabilities of health service bodies) is amended as follows.

• (2) In subsection (2)—

• (a) the word “and” immediately after paragraph (ea) is repealed,

• (b) after paragraph (f), add—

(g) local authorities; and (h) integration joint boards established by order under section 9(2) of the 2014 Act,

.

• (3) After subsection (2A), insert—

(2B) The reference— (a) in paragraph (a) of subsection (1) to property of a local authority is to be construed as a reference to property held by a local authority in connection with the exercise of its relevant functions; (b) in paragraph (b) of that subsection to the functions of a local authority is to be construed as a reference to the relevant functions of a local authority. (2C) In subsection (2B), “relevant functions” means— (a) integration functions; and (b) such other functions as the Scottish Ministers may by order specify. (2D) In subsection (2C)(a), “integration functions” means functions which in pursuance of an integration scheme under the 2014 Act are— (a) delegated to the authority; (b) to be carried out in conjunction with functions delegated to the authority (that is, functions set out in the integration scheme in pursuance of section 1(3)(c) of that Act); or (c) to be carried out by the authority by virtue of a direction under section 26 of the 2014 Act.

.

• (4) After subsection (4), insert—

(4A) Subsection (4)(a) does not apply in relation to a local authority.

.

• (5) After subsection (5), insert—

(6) In this section, “the 2014 Act” means the Public Bodies (Joint Working) (Scotland) Act 2014.

.

PART 3 — Health service: functions

Scottish Ministers: power to form companies etc.

66

In section 84B of the National Health Service (Scotland) Act 1978 (joint ventures)—

• (a) in subsection (1), for “companies”, wherever it occurs, substitute “ bodies corporate ”,

• (b) after subsection (1), insert—

(1A) The Scottish Ministers may do any (or all) of the following— (a) form or participate in forming bodies corporate for any of the purposes mentioned in subsection (1B), (b) participate in bodies corporate formed for any of those purposes, (c) with a view to securing or facilitating any of the purposes for which such a body corporate is formed— (i) transfer, or secure the transfer, to the body corporate of heritable or moveable property held by the Scottish Ministers, a Health Board, the Common Services Agency for the Scottish Health Service (“the Agency”) or Healthcare Improvement Scotland (“HIS”) under or by virtue of, or for the purposes of, this Act and any rights, liabilities or obligations relating to the property, (ii) otherwise invest in the body corporate (whether by acquiring assets, securities or rights or otherwise), (iii) provide loans and guarantees and make other kinds of financial provision to or in respect of the body corporate. (1B) The purposes are— (a) management or development of any heritable property held by the Scottish Ministers, a Health Board, the Agency or HIS under or by virtue of, or for the purposes of, this Act, (b) management of any moveable property so held, (c) disposal of any such heritable or moveable property.

,

• (c) in subsection (2), for “company” substitute “ body corporate ”,

• (d) after subsection (2), insert—

(2A) The Scottish Ministers may— (a) form or participate in forming bodies corporate for a prescribed purpose, (b) participate in bodies corporate formed for a prescribed purpose. (2B) A purpose prescribed under subsection (2A) must relate to the functions conferred on the Scottish Ministers by or under this Act.

, and

• (e) in subsection (3), the definition of “companies” is repealed.

Health Boards: carrying out of functions

67

After section 12J of the National Health Service (Scotland) Act 1978, insert—

(12K) A Health Board may, with the agreement of another Health Board and the Scottish Ministers, carry out on behalf of that other Health Board any function of that other Health Board.

.

PART 4 — General

Interpretation

68

• (1) In this Act—

• “Health Board” has the meaning given by section 1(16),

• “health care” has the same meaning as in section 10A(1)(b) of the National Health Service (Scotland) Act 1978,

• “health professionals” means persons of such description engaged in the provision of health care as may be prescribed,

• “integration delivery principles” has the meaning given by section 31,

• “integration joint board” has the meaning given by section 1(4)(a),

• “integration joint monitoring committee” has the meaning given by section 15(3),

• “integration scheme” has the meaning given by section 1(3),

• “national health and wellbeing outcomes” has the same meaning as in section 5(1),

• “prescribed” means prescribed by the Scottish Ministers by regulations,

• “social care” means—social services (having the same meaning as in Part 5 of the Public Services Reform (Scotland) Act 2010), andsuch functions of local authorities relating to the provision of accommodation for persons who are homeless as may be prescribed,

• “social care professionals” means persons of such description engaged in the provision of social care as may be prescribed,

• “strategic plan” has the meaning given by section 29(2).

• (2) For the purposes of this Act, a provider of a service is a “commercial” provider if the aim of the person in providing the service is or includes making a profit.

• (3) References in this Act (other than sections 2(3), 11(4)(a)(i), 12(3)(a)(i), 45(2) (first occurrence only), 49(1) and 61)—

• (a) to a local authority include, in the case where the integration scheme is being or has been jointly prepared under section 2(4), references to both or all the authorities which are preparing or have prepared the scheme, acting jointly,

• (b) to the area of a local authority mean, in a case where the integration scheme is being or has been jointly prepared under section 2(4), the combined area of the local authorities which are preparing or have prepared the scheme.

• (4) References in this Act to a function include references to a function so far as exercisable in relation to persons or matters of a particular class or description.

Subordinate legislation

69

• (1) Regulations and orders under this Act may—

• (a) make different provision for different purposes,

• (b) make different provision for different cases or classes of case,

• (c) include such supplementary, incidental, consequential, transitional or transitory provision, or savings, as the Scottish Ministers consider appropriate.

• (2) Regulations under sections 1(3)(f), (7), (8) and (12), 5(1) and 20 are subject to the affirmative procedure.

• (3) An order under section 62(5) is subject to the affirmative procedure.

• (4) An order under section 70 containing provision which adds to, replaces or omits any part of the text of an Act is subject to the affirmative procedure.

• (5) Otherwise, regulations and orders under this Act are subject to the negative procedure.

• (6) This section does not apply to an order under section 72(2).

Ancillary provision

70

• (1) The Scottish Ministers may by order—

• (a) make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act,

• (b) make such transitional or transitory provision or savings as they consider appropriate for the purposes of, or in connection with, the coming into force of any provision of this Act.

• (2) An order under this section may modify any enactment (including this Act).

Repeals and revocation

71

• (1) Section 5A of the Social Work (Scotland) Act 1968 (which makes provision about local authority plans for community care services) is repealed.

• (2) Sections 4A and 4B of the National Health Service (Scotland) Act 1978 (which make provision about community health partnerships) are repealed.

• (3) Sections 15 to 17 of the Community Care and Health (Scotland) Act 2002 (which make provision about joint working among local authorities and certain health bodies) are repealed.

• (4) Section 2 of the National Health Service Reform (Scotland) Act 2004 (which inserts sections 4A and 4B into the National Health Service (Scotland) Act 1978) is repealed.

• (5) Section 17(1) of the Patient Rights (Scotland) Act 2011 is repealed.

• (6) Section 20 of the Social Care (Self-directed Support) (Scotland) Act 2013 (which amends section 15(4) of the Community Care and Health (Scotland) Act 2002) is repealed.

• (7) The Public Services Reform (Functions of the Common Services Agency for the Scottish Health Service) (Scotland) Order 2013 (S.S.I. 2013/220) is revoked.

Commencement

72

• (1) Sections 1(3) to (16), 5, 49 and 53 and this Part (other than section 71) come into force on the day after Royal Assent.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

• (3) An order under subsection (2) may contain transitory or transitional provision or savings.

Short title

73

The short title of this Act is the Public Bodies (Joint Working) (Scotland) Act 2014.

SCHEDULE

PART 1 — Functions conferred by enactments

PART 2 — Functions conferred by virtue of enactments

Integration schemes: same local authority and Health Board area

Considerations in preparing integration scheme

Healthcare Improvement Scotland

Joint inspections of health services and social services

Amendments of section 56 of Local Government (Scotland) Act 1973

Shared services

Common Services Agency for the Scottish Health Service: residual liabilities

Scottish Ministers: power to form companies etc.

Health Boards: carrying out of functions

Interpretation

Editorial notes

[^c2209887]: S. 1 partly in force; s. 1(3) - (16) in force at 2.4.2014, see s.72(1)

[^key-7f5b970616151f7496b1847587a4b8f9]: S. 64 in force at 25.7.2014 by S.S.I. 2014/202, art. 2

[^key-170776eb387e522f95f7656f72be8609]: S. 1(1)(2) in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-8c1ed69017a063124df16a7251ea6d6b]: S. 2 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-c041cc78b2f4372e69a991ee481ade71]: S. 3 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-92381439c39bc87e2f308a25c3828f24]: S. 4 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-34968bf0a6bb6e10b0df46eb96bff3f6]: S. 6 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-accbe401dd5b27d226e31b19eeb658cd]: S. 7 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-b7d73f1c7d96bc2212e40371fcfd0d13]: S. 8 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-68206af1dfa280459853097c25536038]: S. 9 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-c6464354de66849b241da71b77eb18ad]: S. 10 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-2753cb501f35ef73aa872c50a972d888]: S. 11 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-73b5476ab0fd98502b674e0df70601ea]: S. 12 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-82e78de0e7725f1bd28d7d992eafb417]: S. 13 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-c3774053f0a199b630fbcd4c9f35d4c1]: S. 14 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-cff128164af1ffa349997f5920115cb6]: S. 15 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-5e3e0169c5ab52ab83a35fc7da38f7fa]: S. 16 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-f16ecf8af3e9c7df88648792d1619e2b]: S. 17 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-52375dad70c0ceda654c58209f0159d5]: S. 18 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-774c97aba7c12c8625d82534527c7ba8]: S. 19 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-154029f2a6598836667cb0026f8c5f15]: S. 20 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-73c0f46993cb960198ed258d5b412219]: S. 21 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-926da1cb9df61b6148ed723f84f74683]: S. 22 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-216fc6d967204f2b88e0b82576551226]: S. 23 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-bb1dfa81b54df17db72b31eb257b5cf5]: S. 24 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-9aebb01e00a87530846d98ee863c950d]: S. 25 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-2890b11be3986852f007186d71f4eae4]: S. 26 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-0709a3fe414a7e883bd135a23cb6375f]: S. 27 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-1ee80ff15bcec7a2503fd8421cb86c75]: S. 28 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-597112e9f65c440d67f635f02e5535e0]: S. 29 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-b3c704163594fc601cf77daa4fd8e4b6]: S. 30 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-16bdd52a4b3392e10b11c8fe09398ed0]: S. 31 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-f920be6f78d7d7db0570c76161f07e03]: S. 32 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-a832c44228b307355e39fe9a24141ee8]: S. 33 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-9d9aed3a32e9711440970b02d9b9643f]: S. 34 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-cf9946bdcb9143aeeaf08f71b1fd8884]: S. 35 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-30f35d0e11605b65516c00bc4b5aaaeb]: S. 36 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-b19a580166e73fdf65ffb0f5904b9c24]: S. 37 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-2eb4483118a2cde4195e6abaedc5eed1]: S. 38 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-61baeeaf2b6ad71cf78c9a2a9c9f7363]: S. 39 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-1eb8a6e49d05bdb92ff3e638f1f18505]: S. 40 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-e4d617d126f29086795796346c7ed911]: S. 41 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-ba77c86eca6f02587a16fa777d046d55]: S. 42 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-63a960ed7ee5cb6398477d76c0dcd1b1]: S. 43 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-92e5e82c50a629a4b3a907f666a61fb6]: S. 44 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-641aed0cff70804ef941befa45dd1d5d]: S. 45 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-adf84b4d755261cdac9592f80dabaa47]: S. 46 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-863251796ee576fa833320cd93bc8ca3]: S. 47 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-411d772dd454903a8ef6580a1e069f55]: S. 48 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-20871ea186e850be72b6c0d67370d0f9]: S. 50 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-40dee2d44389f003ea344c36ea7f88ec]: S. 51 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-1899c3b60a99f1ff42c47bfd4e33cc1d]: S. 52 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-215eba7bde857021553441d9dbc2896e]: S. 54 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-308d4e15a55698f40ce9b34c9a8ea4a2]: S. 55 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-bcb8643f056c767141c0950cadef4d89]: S. 56 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-aa53bad7d421e823102f596a1034f5eb]: S. 57 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-de5d3bbd375f8478a087b4a8993a20ea]: S. 58 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-ac5b93cec1a6de435c6fbf5679d9add8]: S. 59 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-e639f4818a137e56f540de76f2456e5b]: S. 60 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-043f619cf0f49d3db05b9a513c44a0fe]: S. 61 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-5bf41bca79847ed953f8a2c1c85883b7]: S. 62 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-ae44e1fb5d78d3313b613d0bb8097ac8]: S. 63 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-0e463641dbda109e92a897d215fc061c]: S. 66 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-7e5af395d9958b1e232299baf378b336]: S. 67 in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-2f572be5b9b464dda874c6b797cc4566]: S. 71(5)(7) in force at 22.9.2014 by S.S.I. 2014/231, art. 2

[^key-29d7aed458c7497dbe5d4ca3e2a73fdc]: Words in s. 23(3) repealed (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(2)

[^key-0485021c20b9f0c49c5ab403c7667644]: Words in s. 24(3) repealed (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(3)

[^key-d21247790f7e508c50a6cf2b1fcf1e12]: Words in s. 26(2) inserted (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(4)(a)

[^key-c6e1a4efc9286c058fd24cd990d17db3]: S. 26(2A) inserted (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(4)(b)

[^key-be82fc599c122e909187ddcf382f4e43]: S. 36(5) inserted (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(5)

[^key-c6467d85372820ab53743f48efc478f5]: Words in s. 59(d) inserted (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(6)

[^key-350efbc048d121557817bff3d6ba3910]: Words in s. 62(2)(g) inserted (28.11.2014) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Modifications) Order 2014 (S.S.I. 2014/342), arts. 1, 2(7)

[^key-5d5999e0ef543d044d1bafd4d4c57e56]: S. 65 in force at 25.2.2015 by S.S.I. 2014/231, art. 2A (as inserted by S.S.I. 2015/44, art. 2)

[^key-692e21e5cea914057509bc5cb25a0fa5]: S. 71(1)-(4) (6) in force at 1.4.2015 by S.S.I. 2014/231, art. 3

[^key-23ab1d6f415d043f1294f1ba87be7d70]: Words in sch. Pt. 1 inserted (24.4.2017) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 6(2)(c); S.S.I. 2017/94, reg. 2(b)

[^key-2b7ee6fbc2dac125e3ecf993fd13c82b]: Words in sch. Pt. 1 repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 6(2)(a); S.S.I. 2017/152, reg. 4

[^key-ecbc7f6da725104784093f0d6e8c38b7]: Words in sch. Pt. 1 inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 6(2)(b); S.S.I. 2017/152, reg. 4

[^key-8f0652cf26759ff78127f8a18fb27eef]: Word in sch. Pt. 1 omitted (1.4.2018) by virtue of The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Amendment (No. 2) Regulations 2017 (S.S.I. 2017/449), regs. 1(2), 2

[^M_F_28ee232c-681b-407a-ddaa-23a9f287f1d3]: Words in sch. Pt. 1 repealed (28.11.2014) by The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 (S.S.I. 2014/345), regs. 1(1), 3(a)

[^M_F_d97ba16d-4e89-4ab8-e541-662f605a9a4b]: Words in sch. Pt. 1 repealed (28.11.2014) by The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 (S.S.I. 2014/345), regs. 1(1), 3(b)

[^M_F_ea01ca8f-ac0f-4214-c90f-a15e339e984e]: Word in sch. Pt. 1 substituted (28.11.2014) by The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 (S.S.I. 2014/345), regs. 1(1), 3(c)

[^M_F_5c31869b-1bfe-4055-b29a-b397627f51f7]: Words in sch. Pt. 1 substituted (28.11.2014) by The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 (S.S.I. 2014/345), regs. 1(1), 3(d)

[^key-daf4f49cf70243212c24e77ff3d1893a]: S. 53A inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 18(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

53A

• (1) The Scottish Ministers must issue guidance under section 53 on ethical commissioning.

• (2) In setting out what ethical commissioning entails, the guidance must address the fair treatment of workers (including workers recruited from overseas).

• (3) Before issuing any guidance under section 53 on ethical commissioning, the Scottish Ministers must consult—

• (a) the persons mentioned in section 5(2), and

• (b) each integration joint monitoring committee.