
1 
These Regulations may be cited as the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Amendment Regulations 2009 and come into force on 1st April 2009.
2 
The Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003 are amended in accordance with regulation 3.
3 
In regulation 5 (fitness of managers) for sub-paragraph (2)(b) substitute–“
(b) a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for a period without the option of a fine and who is, in the reasonable opinion of the provider of the limited registration service, having regard to the circumstances of the conviction, unfit to be a manager in relation to such a service.”;
4 
In regulation 7 (fitness of employees)–
(a) at the end of sub-paragraph (2)(b) omit “and”; and
(b) after sub-paragraph (2)(c) insert–“
(d) any person to whom regulation 4(2)(a) applies; and
(e) a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment of not less than 3 months and has been sentenced to imprisonment (whether or not suspended or deferred) for a period without the option of a fine and who is, in the reasonable opinion of the provider of the limited registration service, having regard to the circumstances of the conviction, unfit to be employed in such a service.”.
NICOLA STURGEON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
5th March 2009