Legislation relates to the laws that are proposed by the Scottish Government and passed by the Scottish Parliament.
As part of the understand step of your change project you should identify the legislation relevant to your organisation and the specific services that will be affected by the change. It is important to ensure that any changes comply with the law.
The list below sets of out some the primary legislation for health and social care in Scotland. NOTE: This is not an exhaustive list.
Core Legislative and Regulatory Framework
- National Health Service (Scotland) Act 1978: the foundational legislation for NHS Scotland which is regularly updated to reflect modern health needs.
- National Health Service Reform (Scotland) Act 2004: restructured NHS Scotland by dissolving NHS Trusts, creating Community Health Partnerships, and mandating public involvement in health service planning.
- Health and Social Care Standards: My Support, My Life (2018): these underpin all care, focusing on dignity, compassion, and wellbeing.
- Public Services Reform (Scotland) Act 2010: established the Care Inspectorate to scrutinise care services and Healthcare Improvement Scotland to regulate independent health services.
- Regulation of Care (Scotland) Act 2001: sets the requirements for registration, inspection, and improvement of social care services.
- Public Bodies (Joint Working) (Scotland) Act 2014: mandates the integration of health and social care services to improve outcomes for service users.
- The Human Rights Act 1998: requires public health and social care bodies to respect, protect, and fulfil fundamental rights, ensuring dignity and fairness in care.
Specific Supporting Legislation
- Adults with Incapacity (Scotland) Act 2000: protects individuals who lack capacity to make decisions.
- Adult Support and Protection (Scotland) Act 2007: protects adults at risk of harm.
- Social Care (Self-directed Support) (Scotland) Act 2013: empowers individuals to choose how their support is provided.
- Health and Care (Staffing) (Scotland) Act 2019: ensures appropriate staffing levels for safe, high-quality care.
- Carers (Scotland) Act 2016: supports unpaid carers.
- Mental Health (Care and Treatment) (Scotland) Act 2003: governs care for those with mental health issues.
- Ionising Radiation (Medical Exposure) Regulations 2017: provides statutory protection for patients undergoing medical exposures, covering diagnostics, treatment, and research.