
1 

(1) These Regulations may be cited as the Regulation of Care (Excepted Services) (Scotland) Regulations 2002 and shall come into force on 1st April 2002.
(2) In these Regulations “the Act” means the Regulation of Care (Scotland) Act 2001.
2 
There is excepted from the definition of a “support service” in section 2(2) of the Act any service which consists wholly of one or more of the following:–
(a) a service which provides personal care or personal support to a person (“the recipient”) within the recipient’s home;
(b) field social work;
(c) counselling which is not provided in residential accommodation as part of a planned programme of care; or
(d) a service which consists of the provision of assistance to a person to enable that person to prepare for, obtain or engage in any work.
3 
There is excepted from the definition of a “school care accommodation service” in section 2(4) of the Act the provision of residential accommodation where it is–
(a) provided by or under arrangements made by the managers of an independent school and does not provide personal care or support;
(b) provided by an education authority with respect to a special school within the meaning of the Education (Scotland) Act 1980; or
(c) a hostel provided by the local authority for the use of children to enable them to attend school.
4 
There is excepted from the definition of “nurse agency” in section 2(6) of the Act any service provided by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978.
5 
There is excepted from the definition of “day care of children” in section 2(20) of the Act any service unless it has as its primary purpose the provision of care to children.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
11th March 2002