Regulatory Reform Citation and commencement 1 This Order may be cited as the Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 and comes into force on 1st April 2017. Amendment of the Scottish Public Services Ombudsman Act 2002 2 The Scottish Public Services Ombudsman Act 2002 is amended in accordance with articles 3 and 4. 3 In section 7 (matters which may be investigated: restrictions), before subsection (3) insert— 2C Subsection (1) does not apply to the merits of a decision taken by or on behalf of a person mentioned in subsection (2D) in pursuance of a social work function to the extent that the decision was taken in consequence of the exercise of the professional judgment of the social worker or other person discharging the function. 2D The persons are— a a local authority, or b the holder of an office established by or under any enactment to which appointments are made by a local authority. 2E In subsection (2C), “social work function” means a function conferred by or under— a the Social Work (Scotland) Act 1968 , b an enactment mentioned in section 5(1B) of that Act, or c an enactment listed in the schedule to the Public Bodies (Joint Working) (Scotland) Act 2014 . . 4 At the end of schedule 5 (disclosure of information by the Ombudsman) insert— The Scottish Social Services Council A matter in respect of which the Scottish Social Services Council could exercise any power conferred by— section 46 (grant or refusal of registration), section 47 (variation etc. of conditions in relation to registration), section 49 (removal etc. from the register), of the Regulation of Care (Scotland) Act 2001 Social Care and Social Work Improvement Scotland A matter in respect of which Social Care and Social Work Improvement Scotland could exercise any power conferred by— chapter 2 (social services: inspections), chapter 3 (care services; registration etc.), chapter 4 (local authority adoption and fostering services etc.), of Part 5 of the Public Services Reform (Scotland) Act 2010 . Amendment of the Public Services Reform (Scotland) Act 2010 5 In section 56 of the Public Services Reform (Scotland) Act 2010 (inspections: authorised persons), in subsection (4)— a at the end of paragraph (c) omit “or”; b after “offenders” in paragraph (d) insert— , or e to the extent considered necessary by the authorised person for the purpose of assisting the Scottish Public Services Ombudsman in connection with the Ombudsman’s investigatory functions under the Scottish Public Services Ombudsman Act 2002 . Repeal, revocation and saving 6 1 Section 5B of the Social Work (Scotland) Act 1968 (complaints procedure) is repealed subject to the saving in paragraph (3). 2 The Social Work (Representations Procedure) (Scotland) Order 1990 (“the 1990 Order ”) is revoked subject to the saving in paragraph (3). 3 Where paragraph (4) applies, section 5B of the Social Work (Scotland) Act 1968 and the 1990 Order continue to have effect on and after 1st April 2017 as they had effect immediately before that date. 4 This paragraph applies in the case of any representations (including complaints) made before 1st April 2017 through a procedure established in accordance with the 1990 Order. SHONA ROBISON A member of the Scottish Government St Andrew’s House, Edinburgh 16th March 2016