Social Care PART I GENERAL Citation, commencement and interpretation 1 1 This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions Order 2011 and comes into force on 1st April 2011. 2 In this Order— “the appointed day” is 1st April 2011; “care service” has the meaning given by section 47(1) of the 2010 Act ; “independent health care service” has the meaning given by section 10F of the NHS Act ; “the 2001 Act ” means the Regulation of Care (Scotland) Act 2001 ; “the 2006 Act ” means the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 ; “the 2010 Act” means the Public Services Reform (Scotland) Act 2010; “the NHS Act” means the National Health Service (Scotland) Act 1978; “ the Commission ” means the Scottish Commission for the Regulation of Care ; “ HIS ” means Healthcare Improvement Scotland ; and “ SCSWIS ” means Social Care and Social Work Improvement Scotland . PART II CARE SERVICES TRANSITIONAL PROVISIONS Registration 2 1 Where on the appointed day, a person provides a care service which immediately before that day was registered under Part 1 or 2 of the 2001 Act, that care service is to be treated for all purposes as if it had been registered under Part 5 of the 2010 Act on that day and is subject to the same conditions as the registration under Part 1 or 2 of the 2001 Act was subject. 2 Paragraph 1 does not apply to a registration to which article 18(1) applies. Improvement notices 3 1 Where prior to the appointed day an improvement notice has been given under section 10 of the 2001 Act, that notice is to be treated for all purposes as if it had been given by SCSWIS under section 62 of the 2010 Act. 2 Any reference in that notice to section 2, 12, 14, 41 or Part 2 of the 2001 Act is to be treated as a reference to section 64, 70, 91, Chapter 4 or schedule 12 of the 2010 Act as appropriate. Cancellation notices 4 Where prior to the appointed day, the Commission has proposed under section 12 of the 2001 Act, to cancel the registration of a care service, that proposal is to be treated for all purposes as if it had been made by SCSWIS under section 64(1) of the 2010 Act, and as if any reference to a relevant offence or to a relevant requirement in that section were to a relevant offence or relevant requirement as defined in section 12 of the 2001 Act. Condition notices 5 Where prior to the appointed day, a person providing a care service is given a condition notice under section 13 of the 2001 Act, that notice is to be treated for all purposes as if it had been given by SCSWIS under section 66 of the 2010 Act. Applications in respect of conditions 6 Where prior to the appointed day a person providing a care service registered under Part 1 of the 2001 Act has applied to the Commission for the variation or removal of a condition in force in relation to the registration, or for cancellation of the registration, in accordance with section 14 of the 2001 Act, and that application has not been granted or refused prior to the appointed day, that application is to be treated for all purposes as if it were an application made to SCSWIS in accordance with section 70 of the 2010 Act by a person providing a care service registered under Part 5 of that Act. Registration of authorised persons 7 Where prior to the appointed day a person is registered in the register maintained by the Scottish Social Services Council under section 44(1)(b) of the 2001 Act, as an employee of the Commission who is also an authorised person within the meaning of sections 25 and 27 of the Act , that person is to be treated for all purposes as an authorised person in terms of section 56 of the 2010 Act. National Care Standards 8 From the appointed day, the national care standards published by the Scottish Ministers under section 5 of the 2001 Act are to be treated for all purposes as if they were standards applicable to care services published under section 50 of the 2010 Act or standards applicable to independent health care services under section 10H of the NHS Act. Complaints 9 Where immediately before the appointed day, the Commission has received a complaint relating to— a the Commission; b a care service; or c an independent health care service, and investigation of that complaint has not concluded, the investigation of that complaint is to be carried out by SCSWIS. PART III INDEPENDENT HEALTH CARE SERVICES TRANSITIONAL PROVISIONS Registration 10 1 Where on the appointed day, a person provides an independent health care service which immediately before the appointed day was registered under Part 1 of the 2001 Act, that independent health care service is to be treated for all purposes as if it had been registered under section 10P of the NHS Act and is subject to the same conditions as the registration under the 2001 Act was subject. 2 Paragraph (1) does not apply to a registration to which article 18(1) applies. Improvement notices 11 Where prior to the appointed day, an improvement notice has been given under section 10 of the 2001 Act to a person providing an independent health care service, that notice is to be treated for all purposes as if it had been given by HIS under section 10R of the NHS Act, and any reference to section 12 of the 2001 Act in that notice is to be treated as a reference to section 10S of the NHS Act. Cancellation notice 12 Where prior to the appointed day the Commission has proposed under section 12 of the 2001 Act to cancel the registration of an independent health care service, that proposal is to be treated for all purposes as if it had been made by HIS under section 10S of the NHS Act and as if any reference to a relevant offence or a relevant requirement in that section were to a relevant offence or relevant requirement as defined in section 12 of the 2001 Act. Condition notices 13 Where prior to the appointed day, a person providing an independent health care service is given a condition notice by the Commission under section 13 of the 2001 Act, that notice is to be treated for all purposes as if it had been given by HIS under section 10U of the NHS Act. Applications in respect of conditions 14 Where prior to the appointed day a person providing an independent healthcare service registered in accordance with Part 1 of the 2001 Act has applied to the Commission in accordance with section 14 of the 2001 Act for the variation or removal of a condition in force in relation to the registration, or for cancellation of the registration, and that application has not been granted or refused prior to the appointed day, that application is to be treated for all purposes as if it were an application made to HIS under section 10Y of the NHS Act by a person providing a independent healthcare service registered under section 10P of that Act. PART IV SAVINGS PROVISIONS Applications 15 1 Subject to paragraphs (2) and (3), where a person who seeks to provide a care service or an independent healthcare service has made an application to the Commission in accordance with section 7 or 8 of the 2001 Act in respect of that service, and that application has not been determined by the Commission before the appointed day, that application is to continue to be dealt with under those provisions, and sections 9 and 15 of the 2001 Act remain in force for that purpose. 2 Where paragraph (1) applies— a if the application relates to a care service all references to the Commission are to read as references to SCSWIS; and b if the application relates to an independent health care service all references to the Commission are to read as references to HIS. 3 Where SCSWIS or HIS determine that such an application should be granted, SCSWIS or HIS, as the case may be, must grant registration under section 60 of the 2010 Act or section 10Q of the NHS Act, as the case may be, subject to such conditions as they think fit. Care Commission inspections 16 Where prior to the appointed day the Commission has commenced an inspection of a care service or an independent health care service under section 25 of the 2001 Act, which has not concluded by the appointed day, that section and section 27 of the 2001 Act will continue in force for the purposes of that inspection. Integrated inspections 17 Where before the appointed day the Commission and Her Majesty’s inspectors have commenced an integrated inspection under section 26 of the 2001 Act, which has not concluded by the appointed day, that section will continue in force for the purposes of that inspection. Urgent cancellation proceedings 18 1 Where prior to the appointed day the Commission has made a summary application to the sheriff for an order under section 18 of the 2001 Act, Part 1 of the 2001 Act continues to apply for the purposes of the service which is the subject of that application, until the final determination of that application. 2 Where the registration of the service is not cancelled— a if the service is a care service, it is to be treated for all purposes as if it had been registered under Part 5 of the 2010 Act; b if the service is an independent health care service it is to be treated for all purposes as if it had been registered under section 10P of the NHS Act, immediately following determination of the application. Appeal proceedings 19 Where a person has been given notice within 14 days prior to the appointed day under section 17(3) of the 2001 Act, from the appointed day any right of appeal under section 20 of the 2001 Act is to be treated as arising under section 75 of the 2010 Act and any appeal taken under section 20 of the 2001 Act is to be treated as taken under section 75 of the 2010 Act. Offences 20 1 Where prior to the appointed day criminal proceedings are ongoing in respect of an offence under section 21, 22, 23 or 40 of the 2001 Act, those sections continue in force for the purposes of those proceedings. 2 Any offence committed under section 21, 22, 23 or 40 of the 2001 Act before the appointed day may be prosecuted after that day as if Part 1 of the 2001 Act had not been repealed. Regulations 21 Despite the repeal of section 29 of the 2001 Act , the following regulations continue in force— a the Regulation of Care (Fitness of Employees in relation to Care Services) (Scotland) ( No. 2) Regulations 2009 ; b regulations 19 to 24 of the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 and such other provisions of those Regulations as are necessary for the purposes of regulations 19 to 24. PART V INSPECTIONS UNDER THE 2006 ACT SAVINGS PROVISIONS Inspections 22 1 Where immediately prior to the appointed day an inspection is being carried out under Part 1 of the 2006 Act, Part 1 of that Act continues in force for the purposes of that inspection. 2 Where immediately prior to the appointed day an inspection is being carried under Part 2 of the 2006 Act, Part 2 of that Act continues in force for the purposes of that inspection. 3 Part 3 of that Act continues in force insofar as necessary for the purposes of Parts 1 and 2 and those inspections. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 18th February 2011