About Scotland Legislation
This website is managed by Her Majesty's Stationery Office on behalf of the Queen’s Printer for Scotland. The site contains the full text of all Acts of the Scottish Parliament and the Explanatory Notes to the Acts of the Scottish Parliament; and Scottish Statutory Instruments.
The aim is to publish these documents on the Internet simultaneously or at least within 24 hours of their publication in printed form. However, any document which is especially complex in terms of its size or its typography may take longer to prepare.
Links are also provided to the full text of all United Kingdom Acts of Parliament and United Kingdom Statutory Instruments which apply exclusively or primarily to Scotland.
Specific links have also been provided to the full text of the Scotland Act 1998 and its associated delegated legislation which established the Scottish Parliament and the Scottish Executive.
PDF version Community Care and Health (Scotland) Act 2002
http://www.opsi.gov.uk/legislation/scotland/acts2002/asp_20020005_en_1
Explanatory Notes to Community Care and Health (Scotland) Act
http://www.uk-legislation.hmso.gov.uk/legislation/scotland/acts2002/en/aspen_20020005_en_1
The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2009
http://www.england-legislation.hmso.gov.uk/legislation/scotland/ssi2009/ssi_20090138_en_1
National Health Service and Community Care Act 1990
http://www.legislation.gov.uk/acts/acts1990/ukpga_19900019_en_1
CCPS - Scotland
http://www.ccpscotland.org/
The Community Care (Direct Payments) (Scotland) Regulations 1997
http://www.oqps.gov.uk/legislation/uk/si/si1997/uksi_19970693_en_1
http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050114.htm
http://www.scotland.gov.uk/Publications/2003/03/16777/20194
http://www.adviceguide.org.uk/index/family_parent/family/community_care.htm
http://www.adviceguide.org.uk/index/family_parent/family/financial_suppo...
A Bill to improve record keeping and help vulnerable people trace their records more easily has been published today by the Scottish Government.
The Public Records (Scotland) Bill aims to strengthen the transparency and accountability of record keeping across the public sector. It will also fulfil one of the main recommendations of the Historical Abuse Systemic Review (the Shaw Report of 2007).
The Shaw Report found poor record keeping often created difficulties for former residents of residential schools and children's homes, when they attempted to trace their records for identity, family or medical reasons.
Minister for Culture and External Affairs Fiona Hyslop said:
"Public records provide the essential evidence of who we are as individuals, as communities and as a nation. They are our collective memory and the basis for individual rights and obligations.
"The Shaw Report identified that thousands of records about children's residential services were generated between 1950 and 1995, but the law at that time was not effective in ensuring these records were preserved.
"The result was that many former residents were unable to get access to their own records and were deprived of information about their childhood lives. Although we cannot right the wrongs of the past, this Government is determined to do all it can to ensure such shameful circumstances will not arise in future.
"The Bill provides a framework for improvements in record keeping across the public sector, taking account of existing guidance and best practice. It will help protect the rights of vulnerable people, including looked after children and adults, while minimising additional burdens on public authorities."
Welcoming the Bill, Janine Rennie of In Care Survivors Service Scotland said:
"For many of the survivors who contact us, access to records about their past is part of their recovery from the abuse they experienced. There are many aspects where they need answers to complete the missing parts of their childhood that are so important to sense of identity.
"To find that parts of the picture are missing increases the feelings of trauma and being failed by the establishments who were to provide care. It is extremely important to survivors that this will never happen again."
Under the proposed legislation, named public authorities across Scotland, which include the Scottish Government, Scottish Parliament, local authorities, the Scottish Court Service, the NHS and others, will be required to produce and implement a records management plan to be approved by the Keeper of the Records of Scotland.
The Keeper will produce guidance on the form and content of plans, and will be given powers to scrutinise the implementation of these plans. Where authorities engage private or voluntary organisations to carry out functions on their behalf, the resulting records created by those organisations will be covered by the legislation.
The independent Historical Abuse Systemic Review: Residential Schools and Children's Homes in Scotland 1950 and 1995 led by Tom Shaw was initiated by the previous administration in 2005. Tom Shaw's report was published on November 22, 2007.
The Shaw Report recommended that "the government should commission a review of public records legislation which should lead to new legislation being drafted to meet records and information needs in Scotland. This should also make certain that no legislation impedes people's lawful access to records. This review's objectives should address the need for permanent preservation of significant records held by private, non-statutory agencies that provide publicly funded services to children."
In the light of the shortcomings in relation to preservation of historical records and access rights that were identified by the Shaw Report, the Keeper of the Records of Scotland was asked to undertake a review of public records legislation and his report (pdf) was published in October 2009.
Consultation carried out earlier this year showed broad support for the Government's proposals. Most stakeholders agreed that the proposals would be a positive step towards lasting improvements in the management of records by public authorities. More than half of respondents considered lasting improvements could not be made without legislation.
Plans to give Scotland new powers to control a third of its budget are due to be unveiled, under new legislation.
The UK government's Scotland Bill will allow Holyrood to raise half its income tax and devolve powers in several other areas.
Scottish Secretary Michael Moore said the bill would mark the biggest transfer of fiscal power to Scotland since the creation of the UK.
But Scotland's SNP government said full fiscal autonomy was needed.
The Scotland Bill, to be launched in Edinburgh, follows the findings of the Calman Commission review of devolution.
Under the recommendations, the UK Treasury would deduct 10p from standard and upper rates of income tax in Scotland and give MSPs the power to decide how to raise cash.
The new powers would be combined with a cut in the block grant, currently about £30bn, which Scotland gets from the UK government.
Scotland already has the ability to vary income tax by 3p in the pound, although the so-called tartan tax has never been used.
Scotland Bill - expected key measures
- Holyrood to raise half of Scotland's income tax
- Devolve stamp duty and landfill tax
- Give Scots parliament control over speed limit and drink-drive laws
- Devolution of powers to control airguns
Stamp duty and landfill tax are also likely to be devolved, but it emerged at the weekend that plans to hand over powers on the aggregates levy and aviation tax have been put on hold.
Mr Moore said the first tax was currently subject to a dispute in the European courts, while the latter was under review by the UK government.
The Scottish secretary said the handover of new powers - set to happen in 2015 - would address concerns that the Scottish Parliament is not accountable enough for the cash it spends.
"The transfer of these powers will allow Scottish ministers to make decisions which are responsive to Scotland's needs," he said.
"That is exactly the relationship devolution was designed to deliver between the two parliaments and will see more flexibility for Scotland's police forces to create national strategies to keep Scots safe when it comes to air weapons, drink-driving and speed limits."
To read more http://www.bbc.co.uk/news/uk-scotland-11863388
Scotland will gain control of around one third of its annual budget under new financial powers contained in the UK government's Scotland Bill.
The bill gives Holyrood tax and borrowing powers together with control over other areas including air weapons, drink-driving and speed limits.
The Scotland Bill follows the findings of the Calman Commission review of devolution, which recommended Holyrood should be allowed to raise half of income tax.
Under the legislation, Holyrood will set a Scottish income tax rate each year from 2015, applying equally to the basic, higher and additional rates.
At the same time, there would be a reduction of some 35 per cent in the Scottish budget Treasury grant, worth about £30bn a year.
The bill will also see the introduction of Scottish government borrowing powers for the first time, worth £2.7bn.
Scottish Secretary Michael Moore said the package of measures represented the biggest transfer of fiscal power to Scotland since the creation of the United Kingdom.
"It is a powerful blueprint which will strengthen Scotland by improving devolution," he said.
"Future Scottish governments will have more accountability to the public for the financial decisions they make and will have access to significant borrowing powers.
"Devolution has worked well over the last decade but today's bill addresses a number of major issues and takes the settlement forward in a powerful and positive way."
The new legislation would require MSPs to set an annual income tax rate. The bill also allows Holyrood to introduce new Scotland-specific taxes, subject to Westminster approval, and Scottish ministers will also join a new UK-Scottish tax committee.
Scottish First Minister Alex Salmond welcomed the prospect of new devolved justice powers - but argued Scots wanted far greater financial responsibility, like full fiscal autonomy.
"This bill was a great opportunity which the UK government has missed," he said, adding: "Unfortunately, people will be disappointed by a lacklustre Westminster bill that tinkers around the edges, retains the key powers in London, and leaves big questions unanswered.
"The fiscal powers are far too limited, and, for the sake of Scotland's economy and public services, the bill needs to be strengthened either by the Scottish Parliament or the people."
In a joint statement, the leaders of Scottish Labour, the Tories and Lib Dems - Iain Gray, Annabel Goldie and Tavish Scott - said: "More than a decade after devolution, the time is right to take the next steps in developing Scotland's democracy, its relationship with the other nations of the UK, and indeed the UK's territorial constitution.
"This bill provides the Scottish Parliament with the opportunity to do just that, and so serve the people of Scotland better.
"We intend to work together to make sure it takes that opportunity."
http://www.scottishlaw.org.uk/lawscotland/index.html
http://www.opsi.gov.uk/legislation/scotland/scotleg.htm
http://www.scottishlaw.org.uk/scotlaw/statute.html
http://www.uk-legislation.hmso.gov.uk/legislation/scotland/s-acts.htm