« Previous | Contents | Next »
Listen
REGULATION OF CARE (SCOTLAND) ACT 2001 REGULATION OF CARE AT HOME
CONSULTATION ON ASSOCIATED SUBORDINATE LEGISLATION
Dear Colleague
REGULATION OF CARE (SCOTLAND) ACT 2001
REGULATION OF CARE AT HOME - CONSULTATION ON ASSOCIATED SUBORDINATE LEGISLATION
I am writing to invite you to comment,
no later than 24 October 2003, on the enclosed consultation paper on new subordinate legislation to be made under the Regulation of Care (Scotland) Act 2001 (the Act). The Act itself can be viewed on the Parliament website at
www.scottish.parliament.uk.
Care at home falls within the definition of "support services" at section 2 (2) of the Act. Only the day care element of that definition was commenced and has been regulated since 1 April 2002. Care at home was excepted from the definition by the Regulation of Care (Excepted Services)(Scotland)Regulations 2002, which are replicated at
Appendix A. The intention now is to remove that exception via the Regulation of Care (Excepted Services)(Scotland) Amendment Regulations 2003. The paper also explains the transitional arrangements proposed for registration of care at home services when regulation starts (expected to be some time in December). They would be set in place by the Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2003, a draft of which is at
Appendix B.
The subordinate legislation replicated at
Appendices
C and
D has been in place since 1 April 2002 and applies to
all regulated care services regardless of when regulation commences. It follows that it would apply to care at home from December 2003 when regulation commences. However, it is considered that some provisions are not relevant for care at home services. The consultation paper explains the changes proposed to the original legislation in respect of care at home. We would appreciate your views on the proposed changes, on whether you consider any of the other current provisions to be inappropriate, and on whether there are any other requirements which need to be included. Drafts of the new legislation to effect the proposed changes - the Regulation of Care (Requirements as to Care Services)Amendment No.2 Regulations 2003 and the Regulation of Care (Applications and Provision of Advice)(Scotland) Amendment No.2 Order 2003 - have been prepared. If you would like copies of these, or, indeed, of the draft Excepted Services Amendment Regulations referred to earlier in this letter, you should contact Jane Martin on 0131 244 3515. Alternatively, you will be able to view them all shortly on our website at:
http://www.scotland.gov.uk/about/HD/CCD1/00017652/Carestandardshome.aspx
The registration fees currently applicable for regulated services are replicated at
Appendix E. The paper explains the stated policy on fees; proposes fee levels for care at home services; and confirms that these would be set in place in an Amendment Order. A related Regulatory Impact Assessment is attached at
Appendix F. Again, copies of the draft Order can be obtained from Jane Martin on 0131 244 3515 or you can view them shortly on our website.
We are aware that the Care Commission has already sought information from local authorities on housing support services, including details of any care at home services provided alongside them
. However, that will not provide a full picture of the number of care at home services.
It would therefore be very helpful if local authorities responding to the enclosed care at home consultation paper could also provide details of any care at home services they supply or commission which are not tied in with housing support services, and any independent services they are aware of. If you are aware of any care at home service providers please feel free to bring this paper to their attention and encourage them to respond.
Once all the responses to this consultation have been considered, the draft orders and regulations will be amended as necessary and laid before the Scottish Parliament.
Yours sincerely
Linda Gregson
MRS LINDA GREGSON
Care Standards and Sponsorship Branch
« Previous | Contents | Next »