- act as a child minder
has the meaning given by paragraph 12(1) of schedule 12;
- adoption service
has the meaning given by paragraph 8 of that schedule;
- adult placement service
has the meaning given by paragraph 11 of that schedule;
- best regulatory practice
means practice under which (in particular) inspections should be carried out in a way that is transparent, accountable, proportionate and consistent. 4 In preparing a plan under subsection (1), HIS must have regard to any guidance issued by the Scottish Ministers about those matters. 5 HIS— a must keep the plan under review;
- care home service
has the meaning given by paragraph 2 of that schedule;
- care home service for adults
has the meaning given in section 82F, • “Essential Care Supporter”, in relation to a resident of accommodation provided by a care home service, means the individual recorded as the resident’s Essential Care Supporter in fulfilment of the duty imposed in accordance with section 78B(1), • “provider”, in relation to a care home service, is to be construed in accordance with the definition of “provide” in section 105.
- care home services for adults
means care home services provided for individuals who have reached the age of 18 years, • “care services” excludes care services provided by individuals who do not employ, or have not otherwise made arrangements with, other persons to assist with the provision of that service, • “integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014, • “working in a care service”, in relation to an individual, includes— (a) working for payment or as a volunteer, and (b) working under a contract of service or apprenticeship, a contract for services or otherwise than under a contract.
- care service
has the meaning given by section 47(1);
- child care agency
has the meaning given by paragraph 5 of schedule 12;
- child carer
means a person who— looks after a child wholly or mainly in the home of the child's parents.
- child contact service
has the meaning given by paragraph 19A of that schedule;
- child minding
has the meaning given by paragraph 12 of that schedule;
- community body
has the meaning given in section 7C. 7C 1 A community body is, subject to subsection (3), a company limited by guarantee the articles of association of which include the following— a a definition of the community to which the company relates, b provision that the company must have not fewer than 20 members, c provision that the majority of the members of the company is to consist of members of the community, d provision by which the members of the company who consist of members of the community have control of the company, e provision ensuring proper arrangements for the financial management of the company and the auditing of its accounts. 2 The Commissioners may, if they th
- company limited by guarantee
has the meaning given by section 3(3) of the Companies Act 2006 (c. 46).”
- complaints handling procedures
means procedures of listed authorities which examine complaints or review decisions in respect of action taken by a listed authority where the matter in question is one in respect of which a complaint to the Ombudsman can be made and investigated under this Act. 16B 1 The Ombudsman may publish model complaints handling procedures for listed authorities. 2 A model complaints handling procedure (referred to in this Act as a “model CHP”) must comply with the statement of principles. 3 The Ombudsman may publish different model CHPs for different purposes. 4 Before publishing a model CHP the Ombudsman must consult such listed authorities or groups of listed authorities as the Ombudsman thinks fit. 5 The Ombudsman may from time to time revise and re-publish any model CHP;
- condition notice
has the meaning given by section 66;
- cross-border placement
means the placement of a child in residential accommodation in Scotland where— (a) the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and (b) the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of— (a) an order made by a court in England and Wales or in Northern Ireland, (b) any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made;
- day care of children
has the meaning given by paragraph 13 of schedule 12;
- domestic premises
means any premises which are wholly or mainly used as a private dwelling;
- donor
means such person or body who may vary the purpose of, or any conditions imposed in relation to, restricted funds as may be specified by regulations made by the Scottish Ministers as they think fit, • “restricted funds” means property (including money) given to a charity for a specific purpose and in respect of which conditions have been imposed as to its use, • a “restricted funds reorganisation scheme” is a scheme for— (a) the variation of the purpose for which restricted funds may be used, (b) the variation or removal of any condition imposed on the charity in relation to the use of restricted funds.”
- financial year
means a year ending with 31 March or such other date as the Scottish Ministers may by order specify;
- fostering service
has the meaning given by paragraph 9 of schedule 12;
- health body
means a Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29);
- health care
means services for or in connection with the prevention, diagnosis or treatment of illness provided— a under the health service;
- health records
means records relating to the physical or mental health of an individual (including dental records and medical records);
- health services
means— (a) the health service within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29), and (b) independent health care services within the meaning of section 10F of that Act;
- hospital
has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978;
- housing support service
has the meaning given by paragraph 19 of schedule 12;
- improvement notice
has the meaning given by section 62;
- independent ambulance service
means, subject to subsection (5), a service which consists of or includes— (a) provision (other than provision falling within paragraph (b) below) of medical treatment, medical care or other care to relevant patients while such patients are being transported to or from a place of medical treatment;
- independent clinic
means a clinic which is not comprised in a hospital and in or from which services are provided, other than in pursuance of this Act, by a medical practitioner or dental practitioner;
- independent health care service
has the meaning given by section 10F of the National Health Service (Scotland) Act 1978;
- independent hospital
means a hospital which is neither a health service hospital nor a private psychiatric hospital;
- independent medical agency
means an undertaking which is neither an independent clinic nor an undertaking comprised in a hospital and which consists of or includes the provision of services, other than in pursuance of this Act, by a medical practitioner;
- integration authority
has the meaning given by section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014, • “working in a care service”, in relation to an individual, includes— (a) working for payment or as a volunteer, and (b) working under a contract of service or apprenticeship, a contract for services or otherwise than under a contract.
- integration delivery principles
has the meaning given by section 31 of the 2014 Act;
- joint inspection
means an inspection conducted under section 115 or 116A.
- limited registration service
has the meaning given by section 61(5);
- local authorities
means councils constituted under section 2 of the Local Government etc.
- local authority
means a council constituted under section 2 of the Local Government etc.
- local authority condition notice
has the meaning given by section 85;
- medical records
means records relating to the physical or mental health of an individual which have been prepared by a registered medical practitioner who is, or has been, responsible for the clinical care of the individual;
- medical treatment
includes medical care and medical advice;
- mental disorder
has the same meaning as in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
- national health and wellbeing outcomes
has the same meaning as in section 5(1) of the 2014 Act.
- notice
means notice in writing;
- nurse agency
has the meaning given by paragraph 4 of schedule 12;
- offender accommodation service
has the meaning given by paragraph 7 of that schedule;
- personal care
has the meaning given by paragraph 20 of that schedule;
- personal support
has the meaning given by that paragraph;
- persons
includes groups of persons.
- place of medical treatment
means a hospital or other premises used or intended to be used for the provision of medical or dental treatment, and includes an independent health care service mentioned in paragraphs (a) to (d) of subsection (1). 4 In paragraph (b) of the definition of “independent ambulance service” in subsection (2)— • “public event” means an event, function or other organised activity of any kind to which members of the public have access;
- policing
has the same meaning as in Part 1 of the Police and Fire Reform (Scotland) Act 2012;
- postcode unit
means an area in relation to which a single postcode is used to facilitate the identification of postal service delivery points within the area. 6 In subsection (1), “company limited by guarantee” has the meaning given by section 3(3) of the Companies Act 2006 (c. 46).”
- premises
includes any vehicle;
- prescribed
means prescribed by order made by the Scottish Ministers;
- private psychiatric hospital
means any premises used or intended to be used for the provision of medical treatment to one or more patients subject to an order or direction under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or the Criminal Procedure (Scotland) Act 1995 (c. 46) (whether or not other persons are treated there), not being— (a) a health service hospital;
- public event
means an event, function or other organised activity of any kind to which members of the public have access;
- regulations
means regulations made by the Scottish Ministers;
- relative
has the meaning given by section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);
- relevant date
means— a where sub-paragraph (i) of subsection (1)(b) applies, the date of service of the emergency condition notice;
- relevant person
means—
- relevant premises
means premises used or intended to be used for the provision of medical treatment, medical care or medical advice, but does not include— (a) any means of transport as mentioned in that paragraph;
- residential establishment
means an establishment (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011;
- restricted funds
means property (including money) given to a charity for a specific purpose and in respect of which conditions have been imposed as to its use, • a “restricted funds reorganisation scheme” is a scheme for— (a) the variation of the purpose for which restricted funds may be used, (b) the variation or removal of any condition imposed on the charity in relation to the use of restricted funds.”
- review period
means the period of 5 years beginning with the day on which the latest version of the code was published.
- school care accommodation service
has the meaning given by paragraph 3 of schedule 12;
- SCSWIS
means Social Care and Social Work Improvement Scotland (which is constituted under section 44);
- secure accommodation service
has the meaning given by paragraph 6 of that schedule;
- social services
has the meaning given by section 46.
- social work services
has the meaning given by section 48;
- social work services functions
means functions under the enactments specified in schedule 13.
- special advisers
means a person appointed by virtue of article 3(4) of the Civil Service Order in Council 1995.
- statement
has the same meaning as in the Defamation Act 1996 (c. 31).”
- support service
(except in the expression “housing support service”) has the meaning given by paragraph 1 of schedule 12;
- voluntary organisation
means a body, other than a public or local authority, the activities of which are not carried on for profit;
- water services provider
has the meaning given in section 6(2) of the Water Services etc.
- year
means the year beginning with the day on which the service is (after the commencement of this section) first provided in the premises concerned;