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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020114.html |
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The Scottish Ministers, in exercise of the powers conferred by section 29 of the Regulation of Care (Scotland) Act 2001[1] and of all other powers enabling them in that behalf, and having consulted such persons and groups of persons as they consider appropriate in accordance with section 29(12) of that Act, hereby make the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 and shall come into force on 1st April 2002. (2) In these Regulations-
(b) a registered dentist; (c) a registered pharmacist, as defined in section 108(1) of the National Health Service (Scotland) Act 1978[2]; (d) an ophthalmic optician, as defined in section 108(1) of the National Heath Service (Scotland) Act 1978 but excluding a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989[3]; (e) a registered nurse, midwife or health visitor; (f) a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960[4] extends; (g) a registered osteopath as defined by section 41 of the Osteopaths Act 1993[5]; or (h) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994[6].
(3) In these Regulations, references to employing a person include employing a person whether or not for payment and whether under a contract of service, a contract for services or otherwise than under a contract, and allowing a person to work as a volunteer; and references to an employee or to a person being employed shall be construed accordingly.
(b) provide services in a manner which respects the privacy and dignity of service users; (c) ensure that no service user is subject to restraint unless it is the only practicable means of securing the welfare of that or any other service user and there are exceptional circumstances; and (d) have appropriate procedures for the control of infection and the management of clinical waste.
(2) Providers of a care home service shall make such arrangements as are necessary for the provision to service users of adequate services from any health care professional.
(b) review the personal plan-
(ii) at least once in every six month period;
(c) where appropriate, and after consultation with the service user and, where it appears to the provider to be appropriate, any representative, revise the personal plan; and
(3) In this regulation "representative" means any person appearing to the provider to act on behalf of the service user.
(b) a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for any period without the option of a fine; (c) a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland or in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of the person's creditors:
Provided that-
(bb) the sequestration is discharged;
(ii) the disqualification attaching to a person by reason of having been adjudged bankrupt shall cease if and when-
(bb) the person is discharged;
(iii) the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when-
(bb) the judicial factor is discharged; or
(iv) the disqualification attaching to a person who has granted a trust deed shall cease if and when the person pays the creditors in full or on the expiry of 5 years from the date of grant of the deed.
(3) For the purposes of paragraph (2)(b)-
(b) any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom shall be disregarded.
(4) A provider shall inform the Commission immediately in writing where the provider becomes a person who is not fit to provide a care service in terms of this regulation.
(b) any person to whom regulation 6(2)(b) applies; (c) a person who is not physically and mentally fit to manage the care service; (d) a person who does not have the skills, knowledge and experience necessary for managing the care service; (e) a person who, in order to perform the duties for which the person is employed in the care service, is required by any enactment to be registered with any person or body and is not so registered.
Notification of unfitness
(b) the offence of which the provider or manager was convicted; and (c) the penalty imposed in respect of the offence.
(2) Where a provider of a care service becomes aware that a person acting as manager in relation to that service is not fit to do so in terms of this regulation, the provider shall immediately notify the Commission in writing of that fact.
(b) a person who does not have the qualifications skills and experience necessary for the work that the person is to perform; and (c) any person to whom regulation 7(2)(e) applies.
Fitness of premises
(b) are of sound construction and kept in a good state of repair externally and internally; and (c) have adequate and suitable ventilation, heating and lighting.
(3) Accommodation shall not be provided and used for the purpose of restricting the liberty of children in any residential premises where care services are provided unless it has been approved for such provision and use by the Scottish Ministers.
(b) provide such other equipment for the general use of service users as is suitable and sufficient having regard to their health and personal care needs; (c) provide adequate facilities for service users to prepare their own food and ensure that such facilities are fit for use by service users; (d) ensure that there are provided at appropriate places in the premises from which the service is provided sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply; and (e) provide a place where the money and valuables of service users may be deposited for safe keeping, and make arrangements for service users to acknowledge in writing the return to them of any money or valuables so deposited.
Staffing
(b) where the care service is a care home which provides nursing, ensure that at all times a suitably qualified registered nurse is working at the care home or, where that is sufficient to meet the nursing requirements of service users, available on call; and (c) ensure that persons employed in the provision of the care service receive-
(ii) suitable assistance, including time off work, for the purpose of obtaining further qualifications appropriate to such work.
Medical practitioners in care homes
(b) a reference from a bank expressing an opinion as to the provider's financial standing; (c) information as to the financing and financial resources of the care service; (d) where the provider is a company, information as to any of its associated companies; and (e) a certificate of insurance for the provider in respect of liability which may be incurred by the provider in relation to the care service in respect of death, injury, public liability, damage or other loss.
(2) A provider, other than a person to whom paragraph (3) applies, shall-
(b) ensure that the accounts give details of the running costs of the care service, including any rent, payments under a mortgage and expenditure on food, heating and payments to employees; and (c) supply a copy of the accounts to the Commission at its request.
(3) This regulation shall not apply to-
(b) except for paragraph (1)(e), a provider of child minding.
(4) In this regulation a company is an associated company of another if one of them has control of the other or both are under the control of the same person.
(b) is not a fit person to manage a care service; or (c) is not, or does not intend to be, in full-time day-to-day charge of the care service;
shall appoint an individual to be the manager of the care service.
(b) the date on which the appointment is to take effect.
Appointment of liquidators etc
(b) where no person has been appointed to manage the care service, appoint such a person.
Records
(b) the name, address and telephone number of the service user's next of kin or of any person authorised to act on behalf of the service user; (c) the name, address and telephone number of the service user's general practitioner; and (d) the date on which the service was first provided to the service user.
(2) A provider shall keep a record of all persons employed in the provision of the service, specifying in each case-
(b) the date of commencement and, where applicable, the termination of the employment; (c) positions held; (d) any registration which the person is required by or under any enactment to hold in order to perform the duties for which the person is employed; and (e) any disciplinary action which the employer has taken against the person, including the outcome of any such action.
(3) A provider shall keep a record of-
(b) the procedure which is to be followed in the event of a fire or other emergency; (c) all fire drills and alarm tests which have been conducted; (d) any incident which is detrimental to the health or welfare of a service user; (e) any maintenance of equipment which is used in the provision of the service; (f) any complaint made by a service user or a representative or relative of a service user or a person employed in the care service about the operation of the care service, the outcome of such complaint and the action taken; (g) the persons who were employed in the provision of the service each day; (h) all money or other valuables deposited by a service user for safekeeping or received on the service user's behalf, which-
(ii) shall include the written acknowledgement of the return of the money or valuables;
(i) the date, time and cause of death of any service user who has died while the care service was being provided to the service user and the name of the doctor certifying death;
Returns
(b) any serious injury to a service user; (c) any theft or accident; or (d) any allegation of misconduct by the provider or any person who is employed in the care service.
Notice of absence
(b) the reason for that absence; (c) the arrangements which have been made for the running of the care service during that absence; and (d) the name, address and qualifications of the person who will manage the care service during that absence.
(3) Where the absence arises as a result of an emergency, the provider shall give notice of the absence within one week of its occurrence specifying the matters in sub-paragraphs (a) to (d) of paragraph (2).
(b) any change of manager of the care service; (c) any change of premises which are used in the provision of the care service; (d) where the provider is an individual, that person's name is changed; (e) where the provider is a body corporate, any change in the ownership of the body or of the identity of its officers; or (f) where the provider is a firm, any change in the identity of the persons who are its partners.
(2) A provider of child minding shall, in relation to persons living at the premises which are used for the provision of the service, give notice to the Commission without delay where-
(b) any such person ceases to live at the premises,
or where another person begins to live at the premises.
(b) the procedure (if any) that has been notified by the Commission to the provider for the making of complaints to the Commission relating to the care service.
(7) The provider shall supply to the Commission at its request a statement containing a summary of the complaints made during the preceding twelve months and the action that was taken.
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| © Crown copyright 2002 | Prepared 11 April 2002 |
