Citation and commencement

1.  These Regulations may be cited as the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment Regulations 2018 and come into force on 3rd April 2018.

Amendment of the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015

2.-(1) The Community Care (Provision of Residential Accommodation Outwith Scotland (Scotland) Regulations 2015(2) are amended as follows.

(2) In regulation 2 (meaning of appropriate establishment)-

(a)in paragraph (2)-

(i)in sub-paragraph (a), omit "and Wales";

(ii)at the end of sub-paragraph (a), omit "and"; and

(iii)after sub-paragraph (a), insert-

"(aa)as respects Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(3), is provided wholly or mainly to persons aged 18 or over; and"; and

(b)in paragraph (3)-

(i)in sub-paragraph (a), omit "and Wales";

(ii)at the end of sub-paragraph (a), omit "and"; and

(iii)after sub-paragraph (a), insert-

"(aa)as respects Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over; and".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 ("the 2015 Regulations") and are made under the Community Care and Health (Scotland) Act 2002 ("the 2002 Act").

Section 5(1) of the 2002 Act enables local authorities in Scotland to make arrangements for the provision of residential accommodation in an appropriate establishment outwith Scotland in fulfilment of their duties under section 12 or 13A of the Social Work (Scotland) Act 1968 or under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003. Regulation 2 of the 2015 Regulations defines what is meant by an "appropriate establishment" for the purposes of section 5(1) and (3) of the 2002 Act in respect of England, Wales and Northern Ireland. As regards England and Wales, "appropriate establishment" is defined by reference to a care home within the meaning of section 3 of the Care Standards Act 2000 ("the 2000 Act").

The Regulation and Inspection of Social Care (Wales) Act 2016 ("the 2016 Act") establishes a new legal basis for the regulation and registration of, among other things, care home services in Wales. This replaces the existing regime applying in respect of Wales under the 2000 Act.

In light of this, regulation 2 of these Regulations amends the 2015 Regulations to reflect that, as respects Wales, an "appropriate establishment" for the purposes of section 5(1) and (3) of the 2002 Act is a place at which a care home service, within the meaning of Part 1 of the 2016 Act, is provided wholly or mainly to persons aged 18 or over.