
1 
These Regulations may be cited as the Regulation of Care (Requirements as to Care Services) (Scotland) Amendment (No. 2) Regulations 2003 and shall come into force on 22nd December 2003.
2 

(1) The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 shall be amended as follows.
(2) After paragraph (4) of regulation 1 (interpretation), insert–“
(5) In the case of a care service which is a nurse agency any reference in–
(a) regulation 9; and
(b) regulation 19(2) in relation to paragraphs (a), (b), (c) and (d),
to a person employed shall include a reference to a person who is introduced to a service user by the provider and associated expressions referring to employment shall be construed accordingly; and in regulation 19(2)(c) the reference to “positions held” shall include introductions effected.”.
(3) In paragraph (2) in each of regulation 6 (fitness of providers), 7 (fitness of managers), 8 (notification of unfitness), 9 (fitness of employees) and 10 (fitness of premises), delete “not fit” and insert “unfit”.
(4) In regulation 6 (fitness of providers)–
(a) delete “disqualification” and insert “unfitness” where it appears in sub paragraph (2)(c)(i), (ii), (iii) and (iv); and
(b) in paragraph (4), delete “not fit” and insert “unfit”.
(5) In paragraph (2) of regulation 8 (notification of unfitness), delete “this” and after the word “regulation” insert “7.”.
(6) In regulation 11 (fitness in relation to child minding), delete “not fit” and insert “unfit”.
(7) After paragraph (4) of regulation 19 (records), insert–“
(5) The requirements at paragraphs 3(c), (h) and (j) shall not apply to providers of a support service which provides personal care or personal support to a person (“the recipient”) within the recipient’s home.”.
TOM McCABE
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
26th November 2003