http://www.legislation.gov.uk/asp/2010/8/contentsPublic Services Reform (Scotland) Act 2010An Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to make provision for the publication of information on expenditure and certain other matters by certain public bodies; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision in relation to the Mental Welfare Commission for Scotland; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to amend the Scottish Public Services Ombudsman Act 2002 to make provision in relation to complaints handling procedures of listed authorities; to amend the Charities and Trustee Investment (Scotland) Act 2005 in relation to the regulation of charities and charity trustees; and for connected purposes.texttext/xmlenStatute Law Database2020-11-21Expert Participation2020-09-16 Public Services Reform (Scotland) Act 2010Blanket amendmentThe Treaty of Lisbon (Changes in Terminology) Order 2011art. 3 4art. 3(2)art. 3(3) 4(2) 6(4)(5)art. 2Public Services Reform (Scotland) Act 2010sch. 5Consumer Scotland Act 2020Sch. 2 para. 5(a)s. 29(2)Public Services Reform (Scotland) Act 2010sch. 8Consumer Scotland Act 2020Sch. 2 para. 5(b)s. 29(2)Public Services Reform (Scotland) Act 2010sch. 5Scottish Biometrics Commissioner Act 2020sch. 2 para. 3(a)s. 40(2)reg. 2Public Services Reform (Scotland) Act 2010sch. 6Scottish Biometrics Commissioner Act 2020sch. 2 para. 3(b)s. 40(2)reg. 2Public Services Reform (Scotland) Act 2010sch. 8Scottish Biometrics Commissioner Act 2020sch. 2 para. 3(c)s. 40(2)reg. 2Public Services Reform (Scotland) Act 2010sch. 5Scottish Elections (Reform) Act 2020Sch. para. 7(2)(a)s. 35reg. 2sch.Public Services Reform (Scotland) Act 2010sch. 5Scottish Elections (Reform) Act 2020Sch. para. 7(2)(b)s. 35reg. 2sch.Public Services Reform (Scotland) Act 2010sch. 8Scottish Elections (Reform) Act 2020Sch. para. 7(3)(a)s. 35reg. 2sch.Public Services Reform (Scotland) Act 2010sch. 8Scottish Elections (Reform) Act 2020Sch. para. 7(3)(b)s. 35reg. 2sch.Public Services Reform (Scotland) Act 2010Pt. 5 Ch. 3AHealth and Care (Staffing) (Scotland) Act 2019s. 12(2)s. 15(2)Public Services Reform (Scotland) Act 2010s. 60(3)(a)Health and Care (Staffing) (Scotland) Act 2019s. 13(1)(a)s. 15(2)Public Services Reform (Scotland) Act 2010s. 104(2)Health and Care (Staffing) (Scotland) Act 2019s. 13(1)(b)s. 15(2)Public Services Reform (Scotland) Act 2010sch. 8UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021sch. 1 para. 15(4)s. 48(2)s. 51(2)Public Services Reform (Scotland) Act 2010sch. 5Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021sch. 1 para. 21(a)s. 109(2)Public Services Reform (Scotland) Act 2010sch. 8Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021sch. 1 para. 21(b)s. 109(2) Public Services Reform (Scotland) Act 2010Part 1Simplification of public bodiesTransfer of functions1Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland2Transfer to Scottish Natural Heritage of functions of Advisory Committee on sites of special scientific interest3Transfer to certain bodies of functions of Waterwatch ScotlandDissolution of bodies etc.4Dissolution of Scottish Records Advisory Council5Dissolution of Scottish Industrial Development Advisory Board6Dissolution of Building Standards Advisory Committee7Dissolution of Historic Environment Advisory Council for Scotland8Dissolution of Regional Boards of Scottish Environment Protection AgencyDelegation of functions etc.9Delegation of Ministerial functions under section 7 of Industrial Development Act 198210Delegation of Ministerial functions under section 5 of Science and Technology Act 196511Delegation of certain functions of Forestry Commissioners under Forestry Act 196712Forestry Commissioners: joint ventures etc.Regulation of officers of court13Regulation of officers of courtPart 2Order-making powersImproving the exercise of public functions14Public functions: efficiency, effectiveness and economy15Public functions: further provision16PreconditionsRemoving and reducing burdens17Power to remove or reduce burdens18PreconditionsSpecific restrictions19Order in relation to certain bodies: requirement for request and consentGeneral restrictions20Subordinate legislation and powers of direction, appointment and consent21Local taxation22Criminal penalties23Forcible entry etc.24Prohibition on modification of this PartProcedure25Procedure26Consultation27Explanatory document laid before the Scottish Parliament28Combination with powers under European Communities Act 1972General29Order-making powers: modifications of enactments30Interpretation of Part 2Part 3Information on exercise of public functions31Public functions: duties to provide information on certain expenditure etc.32Public functions: duty to provide information on exercise of functions33Public functions: duty to provide information on special advisers34Public functions: duties to provide information: further provision35Interpretation of Part 3Part 4Creative ScotlandCreative Scotland36Establishment of Creative Scotland37General functions of Creative Scotland38Advisory and other functions39Grants and loans40Directions and guidanceMiscellaneous and general41Dissolution of Scottish Arts Council42Transfer of staff etc.43Creative Scotland: modifications of enactmentsPart 5Social care and social work: scrutiny and improvementChapter 1Social Care and Social Work Improvement ScotlandSocial Care and Social Work Improvement Scotland44Social Care and Social Work Improvement Scotland45General principlesKey definitions46Social services47Care services48Social work services49Power to modify key definitionsMiscellaneous50Standards and outcomes51Information and advice52Dissolution of Scottish Commission for the Regulation of CareChapter 2Social services: inspectionsInspections53Inspections53AInspections of care homes54Inspections under section 53: best regulatory practice55Inspections at request of Scottish Ministers56Inspections: authorised persons57Inspections: reportsRegulations58Regulations: inspectionsChapter 3Care servicesRegistration of care services59Registration of care services60Grant or refusal of registration61Limited registrationImprovement notices62Improvement notices: care services63Special provision for certain care services provided by local authoritiesCare homes: emergency directions63AEmergency power to direct care home service during coronavirus pandemic63BPower to act where section 63A direction not complied withProposals and applications in relation to registered care services64Cancellation of registration65Emergency cancellation of registration65ACare homes: emergency intervention orders65BFurther provision in relation to emergency intervention orders66Condition notices67Emergency condition notices68Application of Part to condition notices following emergency condition notices69Emergency condition notices: appeals70Applications under Chapter 3 in respect of conditions71Further provision as respects notice of proposals72Right to make representations to SCSWIS as respects proposals under Chapter 373Notice of SCSWIS's decision under Chapter 374Conditions as to numbers75Appeal against decision to implement proposalFees76Registration feesRegulations77Regulations: registers and registration78Regulations: care servicesComplaints79Complaints about care services79AReporting on coronavirus deaths in care homesOffences80Offences in relation to registration under Chapter 381False statements in application under Chapter 382Offences by bodies corporate etc.Chapter 4Local authority adoption and fostering services etc.83Local authority applications for registration under Chapter 484Grant of local authority application under Chapter 485Condition notices: services registered under Chapter 486Applications under Chapter 4 in respect of conditions87Right to make representations to SCSWIS under Chapter 4 as respects conditions88Notice of SCSWIS's decision under Chapter 489Appeal against decision under Chapter 490Offences under Chapter 491Report to Scottish Ministers92Default powers of Scottish MinistersChapter 5Miscellaneous93Grants to SCSWIS94Guarantees95Duty of SCSWIS to consult Scottish Social Services Council96Duty of SCSWIS to consult the Mental Welfare Commission for Scotland97Complaints procedure98Inquiries99Arrangements entered into by local authority or health body: services to be registered100Local authorities and health bodies: awareness of SCSWIS reports etc.101Giving of notice102Transfer of staff etc.103Transfer of staff: further provision104Orders and regulations: procedure105Interpretation of Part 5106Minor and consequential amendments and repeals: SCSWIS107Minor modifications: Scottish Social Services CouncilPart 6Health care: scrutiny and improvement108Healthcare Improvement Scotland109Transfer of staff etc. to Healthcare Improvement Scotland110Healthcare Improvement Scotland: constitution, etc.Part 7The Mental Welfare Commission for Scotland111The Mental Welfare Commission for ScotlandPart 8Scrutiny and complaintsUser focus112Scrutiny: user focus113User focus: guidance etc.Duty of co-operation114Scrutiny: duty of co-operationJoint inspections115Joint inspections116Participation in joint inspections116AJoint inspections of social services and health services117Regulations relating to joint inspectionsPublic finance and accountability118Amendment of Public Finance and Accountability (Scotland) Act 2000Complaints handling procedures119Complaints handling proceduresPart 9Charities120Information to appear on charity websites121Variation, revocation and review of directions122Powers of Court of Session: deemed removal of persons123Delegation of functions124Reorganisation of charities125Reorganisation of restricted funds126Appointment of charity trustees127Charity trustees' indemnity insurance128Interpretation of Part 9Part 10Miscellaneous and generalMiscellaneous129Local Government (Scotland) Act 1973: minor amendment130Consultation by water and sewerage services providers131Complaints about water services and sewerage services providersGeneral132Ancillary provision133Orders and regulations: Parts 8 and 10134Short title and commencementSCHEDULE 1Deer Commission for Scotland: modifications of enactmentsNatural Heritage (Scotland) Act 1991 (c. 28)1The Natural Heritage (Scotland) Act 1991 is amended as follows....2In section 1 (establishment of Scottish Natural Heritage)— 3In section 2 (general functions of SNH), in subsection (1)—...4In section 3 (duty to take account of certain matters),...Deer (Scotland) Act 1996 (c. 58)5The Deer (Scotland) Act 1996 is amended as follows. 6For “the Commission” and “the Commission's”, wherever those words occur...7For the title of Part 1 substitute “ Scottish Natural...8(1) Section 1 (the Deer Commission for Scotland) is amended...9In section 2 (advice and annual reports)— 10In section 3 (power to facilitate exercise of functions)— 11In section 4 (appointment of panels)— (a) in subsection (1),...12In section 5 (close seasons)— (a) in subsection (3), for...13In section 7 (control agreements)— (a) in subsection (1)— 14In section 8 (control schemes)— (a) in subsection (1)— 15In section 9 (recovery of control scheme expenses)— 16In section 10 (emergency measures)— (a) in subsection (1)— 17In section 11 (application of section 10 in relation to...18In section 12 (power to provide services and equipment etc.)—...19In section 15 (power to enter on land), in subsection...20In section 16 (service of notices), in subsection (5), for...21In section 18 (taking or killing deer at night), in...22In section 37 (restrictions on granting certain authorisations)— 23In section 39 (disposal of deer killed under authority), for...24In section 40 (returns of number of deer killed), in...25Section 46 (financial provisions) is repealed. 26(1) Schedule 1 (Deer Commission for Scotland: supplementary provisions) is...27In Schedule 2 (control schemes), in paragraph 1— Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)28In schedule 3 to the Ethical Standards in Public Life...Scottish Public Services Ombudsman Act 2002 (asp 11)29In schedule 2 to the Scottish Public Services Ombudsman Act...Freedom of Information (Scotland) Act 2002 (asp 13)30In schedule 1 to the Freedom of Information (Scotland) Act...Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)31In schedule 2 to the Public Appointments and Public Bodies...SCHEDULE 2Transfer of Waterwatch Scotland functions: modifications of enactmentsPart 1AmendmentsWater Industry (Scotland) Act 2002 (asp 3)1The Water Industry (Scotland) Act 2002 is amended as follows....2After section 2 (Water Customer Consultation Panels) insert— National Consumer...3In section 4 (power of the Commission to require information)...4In section 5 (annual reports by, and information from, the...5In section 6 (funding of the Commission), after subsection (2)...6In the title to section 6 (funding of the Commission),...7In the title to Part 1 (Water Industry Commission and...8In section 27 (approval of customer standards code)— 9In section 28 (consultation code), in subsection (3)(a)— 10In section 29B (determination of maximum charges), in subsection (4)(a),...11In section 29D(5) (statements regarding charges), for paragraph (b) substitute—...12In section 56A (directions may set objectives), in subsection (4),...13In section 57 (information and reports), in subsection (6)(a), for...Water Services etc. (Scotland) Act 2005 (asp 3)14In section 19 of the Water Services etc. (Scotland) Act...Consumers, Estate Agents and Redress Act 2007 (c. 17)15The Consumers, Estate Agents and Redress Act 2007 is amended...16In section 2 (the territorial committees), in subsection (1)(a)— 17After section 7 (annual report), insert— Annual report on Scottish...18After section 20 (duty to enter into co-operation arrangements) insert—...19In section 24(9) (provision of information to the Council), after...20In section 25 (enforcement by regulator of Council notice requiring...Part 2Repeals21The enactments referred to in the first column of the...SCHEDULE 3Dissolution of Waterwatch Scotland: arrangements for staff, property etc.Transfer of staff1With effect from the date on which section 3 comes...2(1) With effect from the date on which section 3...3(1) This paragraph applies to any person who— 4The contract of employment of a person transferred by virtue...5Without prejudice to paragraph 4, where a person is transferred—...6Paragraphs 1 to 5 do not affect any right of...Transfer of property etc.7(1) With effect from the date on which section 3(1)...Transfer of undetermined complaints8(1) This paragraph applies in relation to any complaint (“an...SCHEDULE 4Regulation of officers of court: modifications of enactmentsPart 1AmendmentsDebtors (Scotland) Act 1987 (c. 18)1Part 5 of the Debtors (Scotland) Act 1987 is amended...2In section 75 (regulation of organisation, training, conduct and procedure...3In section 76 (Advisory Council on Messengers-at Arms and Sheriff...4In section 79 (investigation of alleged misconduct)— 5In section 80 (courts' powers in relation to offences or...6In section 81 (provisions supplementary to section 80)— 7(1) In section 82 (appeals from certain decisions)— 8After section 86 insert— Electronic communications In this Part, any reference to an admission in writing...Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)9The Bankruptcy and Diligence etc. (Scotland) Act 2007 is amended...10For the title of Part 3 (“Enforcement”) substitute “ Officers...11(1) In section 51 (information and annual report)— 12In section 53 (published information not to enable identification)— 13(1) In section 61 (regulation of judicial officers)— 14(1) In section 62 (duty to notify Commission of bankruptcy...15(1) In section 63 (judicial officers' professional association)— 16After section 63 insert— Code of practice (1) The professional association— (a) must prepare and publish a...17(1) In section 64 (duty of professional association to forward...18In section 65 (information from professional association)— 19After section 65 insert— Annual fee for officers of court...20(1) In section 66 (inspection of judicial officer)— 21(1) In section 75 (judicial officer's action void where officer...22In section 77 (effect of code of practice)— 23In section 78 (electronic publications and communications) the words “admission...24(1) In the provisions listed in sub-paragraph (2) for “judicial...25In— (a) sections 117(4), 121(1), 139(1)(c), 157(1)(b) and 183(1)(a), and...26In section 128(1) (interpretation of Chapter 2 of Part 4),...27In section 145(1) (interpretation of Chapter 3 of Part 4),...28In section 178(1) (presumption of ownership), for “A judicial officer”...29In section 198(1) (interpretation of Part 8), after the definition...30In section 221 (interpretation), after the definition of “electronic communication”...31In schedule 5 (minor and consequential amendments), in sub-sub-paragraph (c)...32In Part 1 of schedule 6 (repeals and revocations), in...Part 2Repeals33The enactments mentioned in the first column of the following...SCHEDULE 5Improvement of public functions: listed bodiesScottish AdministrationThe Scottish Ministers Any other office-holder in the Scottish Administration...Scottish public authorities with mixed functions or no reserved functionsAccounts Commission for Scotland ... Architecture and Design Scotland Bòrd...Cross-border public authoritiesForestry Commissioners SCHEDULE 6Part 2 order-making powers (request and consent): listed bodiesCommissioner for Ethical Standards in Public Life in Scotland Commissioner...SCHEDULE 7Order-making powers: modifications of enactmentsDeregulation and Contracting Out Act 1994 (c. 40)1(1) The Deregulation and Contracting Out Act 1994 is amended...Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)2In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland)...SCHEDULE 8Information on exercise of public functions: listed public bodiesThe Scottish Ministers Accountant in Bankruptcy Accounts Commission for Scotland...SCHEDULE 9Creative Scotland: establishment etc.Status1(1) Creative Scotland is a body corporate. Membership of Creative Scotland2(1) Creative Scotland is to consist of the following members—...Terms of appointment etc.3(1) Each member of Creative Scotland is to be appointed...Removal of members4The Scottish Ministers may, by written notice, remove a member...Disqualification from membership5A person is disqualified from appointment, and from holding office,...Remuneration and allowances for members6Creative Scotland must pay to each of its members such—...Chief executive and other employees7(1) Creative Scotland is to employ a chief executive. Committees8(1) Creative Scotland may establish committees for any purpose relating...Procedure and meetings9(1) Creative Scotland may determine its own procedure and that...General powers10(1) Creative Scotland may do anything which appears to be...Delegation of functions11(1) Creative Scotland may, subject to sub-paragraphs (2) and (3),...Location of office12Creative Scotland's determination of the location of its office premises...Accounts13(1) Creative Scotland must— (a) keep proper accounts and accounting...Reports14(1) As soon as practicable after the end of each...SCHEDULE 10Creative Scotland: modifications of enactmentsEthical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)1In the Ethical Standards in Public Life etc. (Scotland) Act...Scottish Public Services Ombudsman Act 2002 (asp 11)2In the Scottish Public Services Ombudsman Act 2002, in schedule...Freedom of Information (Scotland) Act 2002 (asp 13)3In the Freedom of Information (Scotland) Act 2002, in schedule...Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)4In the Public Appointments and Public Bodies etc. (Scotland) Act...SCHEDULE 11Social Care and Social Work Improvement Scotland: establishment etc.Status1(1) Social Care and Social Work Improvement Scotland is a...Membership of SCSWIS2(1) SCSWIS is to consist of the following members— 3(1) In appointing members, the Scottish Ministers are to have...Terms of appointment etc.4(1) Each member of SCSWIS is to be appointed for...Removal of members5The Scottish Ministers may, by written notice, remove a member...Disqualification from membership6A person is disqualified from appointment, and from holding office,...Remuneration and allowances for members7SCSWIS must pay to each of its members such— Chief executive and other employees8(1) SCSWIS is to employ a chief executive. Committees9(1) SCSWIS may establish committees for any purpose relating to...Procedure and meetings10(1) SCSWIS may determine its own procedure and that of...General powers11(1) SCSWIS may do anything which appears to be necessary...Delegation of functions12(1) SCSWIS may, subject to sub-paragraphs (2) and (3), authorise—...Location of office13SCSWIS's determination of the location of its office premises is...Accounts14(1) SCSWIS must— (a) keep proper accounts and accounting records,...Reports15(1) As soon as practicable after the end of each...SCHEDULE 12Care services: definitions1(1) A “support service” is a service provided, by reason...2A “care home service” is a service which provides accommodation,...3(1) A “school care accommodation service” is a service which—...4A “nurse agency” is a service which consists of or...5(1) A “child care agency” is a service which consists...6A “secure accommodation service” is a service which— 7An “offender accommodation service” is a service which consists of...8(1) An “adoption service” is any service which is— 9A “fostering service” is a service which is provided by—...10The services mentioned— (a) in paragraph 9(a) and (b) and...11An “adult placement service” is a service which consists of,...12(1) “Child minding” means, subject to sub-paragraphs (2) and (3)...13“Day care of children” means, subject to paragraphs 14(b) to...14For the purposes of— (a) paragraph 12(1), a person does...15(1) Where a person provides a service for children in...16For the purposes of paragraph 13, a service which consists...17For the purposes of paragraph 13, a person does not...18Expressions used in paragraph 2(b), 3 or 17 have the...19A “housing support service” is a service which provides support,...20In this schedule, unless the context otherwise requires— “someone who...SCHEDULE 13Social work services functions: specified enactmentsPart 4 of the Children and Young Persons (Scotland) Act...SCHEDULE 14Social Care and Social Work Improvement Scotland: modifications of enactmentsEthical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)1In schedule 3 to the Ethical Standards in Public Life...Regulation of Care (Scotland) Act 2001 (asp 8)2The Regulation of Care (Scotland) Act 2001 is amended as...3In section 53(2)(b) (codes of practice), for “the Commission” substitute...4In section 59 (general principles)— (a) in subsection (1) the...5In section 60 (grants)— (a) in subsection (1), the words...6In section 61 (guarantees)— (a) in subsection (1), the words...7In section 62 (duty of consultation)— (a) the words “Commission...8In section 63 (guidance as to consultation)— 9In section 64 (complaints procedure)— (a) in subsection (1)— 10In section 65 (inquiries)— (a) in subsection (1)— Scottish Public Services Ombudsman Act 2002 (asp 11)11In Part 2 of schedule 2 to the Scottish Public...Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)12In the Public Appointments and Public Bodies etc. (Scotland) Act...Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)13The Mental Health (Care and Treatment) (Scotland) Act 2003 is...14In section 7 (duty to bring matters generally to the...15In section 8(3) (duty to bring specific matters to the...16In section 9(2) (duty to give advice), for paragraph (e)...17In section 17(2) (duties of Scottish Ministers, local authorities and...18In section 34(3) (inquiries under section 33: co-operation), for paragraph...Adult Support and Protection (Scotland) Act 2007 (asp 10)19The Adult Support and Protection (Scotland) Act 2007 is amended...20In section 5(1) (co-operation), for paragraph (b) substitute— 21In section 42(3) (Adult Protection Committees), for paragraph (b) substitute—...22In section 43 (membership)— (a) in subsection (2), for “the...23In section 44(2)(c) (Adult Protection Committee procedure), for “the Care...24In section 45(2)(d) (duty to provide information to Adult Protection...25In section 46(b)(v) (biennial report), for “the Care Commission” substitute...26In section 53(1) (interpretation of Part 1)— Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)27The Protection of Vulnerable Groups (Scotland) Act 2007 is amended...28In section 8 (provision of prescribed information to the Scottish...29In section 17(5)(c) (information relevant to listing decisions)— 30In section 19 (information held by public bodies etc.), in...31In section 30(7) (notice of listing, etc)— 32In section 73(d) (consideration of suitability), for the words “the...33In section 94 (meaning of “protected child”)— 34In section 97(1) (general interpretation)— (a) after the definition of...35In schedule 2 (regulated work with children)— 36In schedule 3 (regulated work with adults)— Repeals37The enactments mentioned in the first column of the following...SCHEDULE 15Scottish Social Services Council: modifications of Regulation of Care (Scotland) Act 20011Part 3 of the Regulation of Care (Scotland) Act 2001...2In section 46 (grant or refusal of registration under Part...3In section 47 (variation etc. of conditions in relation to...4In section 48 (right to make representations to Council as...5In the heading to section 48, for “proposal” substitute “...6In section 49 (removal etc. from the Council's register), in...7In section 50 (notice of Council's decision)— 8In the heading to section 50, at the end, add...9In section 51 (appeal against decision of Council)— 10In section 53 (codes of practice)— (a) after subsection (3)...11In section 64 (complaints procedures)— (a) in subsection (2)— SCHEDULE 16Healthcare Improvement Scotland: establishment etc.After Schedule 5 to the National Health Service (Scotland) Act...SCHEDULE 17Healthcare Improvement Scotland: modifications of enactmentsNational Health Service (Scotland) Act 1978 (c. 29)1The National Health Service (Scotland) Act 1978 is amended as...2In section 2A (duty of Health Boards and others to...3In the title to that section, for “and the Agency”...4In section 2D (equal opportunities), in subsection (1), for “and...5In section 13 (co-operation between Health Boards and other authorities),...6In section 13A (co-operation in planning of services for disabled...7In section 15 (supply of goods and services to local...8In section 17A (NHS contracts), after subsection (2)(b) insert— 9In section 77 (default powers), in subsection (1)— 10In section 78A (powers in case of service failure)— 11In section 79 (purchase of land and moveable property), in...12In section 83 (power of Health Boards and local health...13In section 84 (power of trustees to make payments to...14In section 84A (power to raise money, etc. by appeals,...15In section 85AA (means of meeting expenditure of Health Boards...16In section 85 (expenses of certain bodies)— 17In section 85A (financial duties of bodies referred to in...18In section 85B (schemes for meeting losses and liabilities etc....19In section 86 (accounts of Health Boards and the Agency)—...20In section 87 (regulation of financial arrangements of Health Boards)—...21In section 105 (orders, regulations and directions), in subsection (3)—...22In section 108 (interpretation and construction), after the definition of...National Health Service and Community Care Act 1990 (c. 19)23In the National Health Service and Community Care Act 1990,...Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)24In schedule 3 to the Ethical Standards in Public Life...Scottish Public Services Ombudsman Act 2002 (asp 11)25In Part 1 of schedule 2 to the Scottish Public...Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)26In the Public Appointments and Public Bodies etc. (Scotland) Act...Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)27The Mental Health (Care and Treatment) (Scotland) Act 2003 is...28In section 7 (duty to bring matters generally to the...29In section 8(3) (duty to bring specific matters to the...30In section 9(2) (duty to give advice), after paragraph (d)...31In section 17(2) (duties of Scottish Ministers, local authorities and...32In section 34(3) (inquiries under section 33: co-operation), after paragraph...Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)33In section 30 of the Smoking, Health and Social Care...Human Tissue (Scotland) Act 2006 (asp 4)34In section 13 of the Human Tissue (Scotland) Act 2006...Adult Support and Protection (Scotland) Act 2007 (asp 10)35In the Adult Support and Protection (Scotland) Act 2007— Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)36In the Protection of Vulnerable Groups (Scotland) Act 2007— Public Health etc. (Scotland) Act 2008 (asp 5)37In the Public Health etc. (Scotland) Act 2008— SCHEDULE 18The Mental Welfare Commission for Scotland: modifications of the Mental Health (Care and Treatment) (Scotland) Act 20031In section 326(4)(a) of the Mental Health (Care and Treatment)...2Schedule 1 to that Act is amended as follows. 3Paragraphs 3, 4 and 5 are repealed. 4After paragraph 2 insert— Membership (1) The Commission is to consist of the following members—...5In paragraph 7— (a) in sub-paragraph (1), after “below” insert...6In the title to paragraph 7, for “officer” substitute “...7After paragraph 7 insert— Commission Visitors (1) The Commission must appoint such staff, employed under paragraph...8Paragraph 8 is repealed. 9After paragraph 10 insert— Transitional provision: first chief executive (1) The person who, immediately before the coming into force...SCHEDULE 19Scrutiny functions: persons etc. subject to user focus dutyAccounts Commission for Scotland Drinking Water Quality Regulator for Scotland...SCHEDULE 20Scrutiny functions: persons etc. subject to duty of co-operationAccounts Commission for Scotland Food Standards Scotland Healthcare Improvement Scotland...2010 asp 8An Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to make provision for the publication of information on expenditure and certain other matters by certain public bodies; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision in relation to the Mental Welfare Commission for Scotland; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to amend the Scottish Public Services Ombudsman Act 2002 to make provision in relation to complaints handling procedures of listed authorities; to amend the Charities and Trustee Investment (Scotland) Act 2005 in relation to the regulation of charities and charity trustees; and for connected purposes.The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th March 2010 and received Royal Assent on 28th April 2010