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National Care Service (Scotland) Bill

The Bill establishes the National Care Service.

The Bill allows Scottish Ministers to transfer social care responsibility from local authorities to a new, national service. This could include adult and children’s services, as well as areas such as justice social work. Scottish Ministers will also be able to transfer healthcare functions from the NHS to the National Care Service.

This is a Government bill

The Bill was introduced on 20 June 2022 and is at Stage 2

Introduced: the Bill and its documents

Overview

The Bill establishes the National Care Service.

The Bill allows Scottish Ministers to transfer social care responsibility from local authorities to a new, national service. This could include adult and children’s services, as well as areas such as justice social work.

The Scottish Government would need to consult with the public before transferring responsibilities relating to children’s services or justice social work to the new service.

Scottish Ministers are also able to transfer healthcare functions from the NHS and health boards to the National Care Service.

Care or health services that are transferred to the new service could be delivered nationally or locally. New bodies called “care boards” would be responsible for delivering care locally.

As well as establishing the National Care Service, the Bill makes other changes including:

  • allowing information to be shared by the National Care Service and the NHS
  • introducing a right to breaks for carers
  • giving rights to people living in adult care homes to see the people important to them (known as “Anne’s Law”)

Why the Bill was created

The Scottish Government has introduced the Bill to improve the quality of social work and social care services in Scotland. It aims to make sure that these services are offered in the same way and at the same standard throughout Scotland.

The Scottish Government announced an Independent Review of Adult Social Care (IRASC) in September 2020. This is sometimes referred to as ‘The Feeley Review’, after its lead author, Derek Feeley. The review aimed to recommend improvements to adult social care in Scotland. In August 2021, the Scottish Government published a consultation on its proposals to improve social care delivery in Scotland, following the recommendations in the review.

This Bill has been developed in response to the review’s recommendations and the responses to the consultation.

Accompanying Documents

Explanatory Notes (238KB, pdf) posted 20 June 2022

Policy Memorandum (419KB, pdf) posted 20 June 2022

Financial Memorandum (352KB, pdf) posted 20 June 2022

Delegated Powers Memorandum (164KB, pdf) posted 27 June 2022

Statements on legislative competence (118KB, pdf) posted 20 June 2022

Accompanying Documents (print versions)

Explanatory Notes (321KB, pdf) posted 20 June 2022

Policy Memorandum (462KB, pdf) posted 20 June 2022

Financial Memorandum (411KB, pdf) posted 20 June 2022

Delegated Powers Memorandum (213KB, pdf) posted 21 June 2022

Statements on legislative competence (112KB, pdf) posted 20 June 2022

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the National Care Service (Scotland) Bill

The Bill was introduced on 20 June 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Health, Social Care and Sport Committee.

Call for views (closed)

The Health, Social Care and Sport Committee held a call for views to help inform its examination of the Bill.

Detailed submissions were made through our survey.

Read the call for views

Read the summary of responses (300KB, pdf) posted 03 November 2022

Brief comments on the Bill could be made on our engagement website.

Read the engagement website

Read the summary of digital engagement (1MB, pdf) posted 03 November 2022

Timetable

The Parliament agreed that consideration of the Bill at Stage 1 be completed by 17 March 2023.

On 8 March 2023, Parliament extended consideration of the Bill at Stage 1 to 30 June 2023.

On 7 June 2023, Parliament extended consideration of the Bill at Stage 1 to 31 January 2024.

On 17 January 2024, Parliament extended consideration of the Bill at Stage 1 to 1 March 2024.

Meetings of the lead committee

Engagement

Other ways the Committee heard views and experiences

The Committee commissioned research into international models of social care.

Read the summary of findings (140KB, pdf) posted 10 May 2023

Read the comparisons of funding systems in different models (134KB, pdf) posted 10 May 2023

Read the comparisons of the key features of different models (168KB, pdf) posted 10 May 2023

Read the full report (796KB, pdf) posted 10 May 2023

Correspondence: lead committee

National Care Service (Scotland) Bill Stage 1 report full response

Letter from the Minister for Social Care, Mental Wellbeing and Sport to the HSCS Convener concerning the Stage 1 report of the National Care Service (Scotland) Bill, 28 March 2024

Interim response from the Scottish Government on HSCS Committees Stage 1 report on the National Care Service (Scotland) Bill

Letter from the Minister for Social Care, Mental Wellbeing and Sport to HSCS Convener, 28 February 2024

National Care Service (Scotland) Bill Stage 1

Letter from the Royal College of Nursing to the HSCS Convener concerning Stage 1 of the National Care Service (Scotland) Bill, 15 January 2024

NCS National Forum 2023

Letter from the Minister for Social Care, Mental Wellbeing and Sport to the HSCS Convener concerning the National Care Service National Forum, 11 January 2024

NCS Comparative Timelines

Letter from the Minister for Social Care, Mental Wellbeing and Sport to the HSCS Convener concerning timelines for the National Care Service (Scotland) Bill, 10 January 2024

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The Health, Social Care and Sport Committee published its report on 22 February 2024.

National Care Service (Scotland) Bill Stage 1 Report

The Committee received the following response to its report:

Letter from the Minister for Social Care, Mental Wellbeing and Sport

Work by other committees

Local Government, Housing and Planning Committee

Meetings

Local Government, Housing and Planning Committee Correspondence

Scrutiny of the National Care Service Bill

A letter from the Convener to the Convener of the Health, Social Care and Sport Committee, 14 December 2022

See a full list of Stage 1 correspondence


Criminal Justice Committee

Meetings

Report

The Criminal Justice Committee published its report on 10 February 2023.

Read the report

Criminal Justice Committee Correspondence

National Care Service (Scotland) Bill: Report from the Criminal Justice Committee

Letter from the Convener to the Health, Social Care and Sport Committee Convener, 10 February 2023

National Care Service (Scotland) Bill Follow-up Evidence

Letter from the Minister for Mental Wellbeing and Social Care to the Convener, Criminal Justice Committee, 13 January 2023

Written submission on the National Care Service (Scotland) Bill

Written submission from Claire Wilson, Chief Social Worker, Aberdeen Health and Social Care Partnership, 28 November 2022

See a full list of Stage 1 correspondence


Education, Children and Young People Committee

Meetings

Report

The Education, Children and Young People Committee published its report on 19 December 2022.

Read the report

Education, Children and Young People Committee Correspondence

Publication of first interim childrens services reform research report

Letter from the Minister for Children, Young People and Keeping the Promise 23 June 2023

National Care Service (Scotland) Bill response from Children's Hospices Across Scotland

Letter from CHAS 20 December 2022

National Care Service Bill follow up information from Scottish Government

Letter from the Minister for Children and Young People to ECYP Committee with additional information following evidence session, 5 December 2022

National Care Service (Scotland) Bill Additional Information from COSLA

Letter from Councillor Buchanan with additional information from COSLA, 29 November 2022

CYPCS additional information regarding the National Care Service (Scotland) Bill

Note from CYPCS with follow up information after evidence session 21 November 2022

See a full list of Stage 1 correspondence


Finance and Public Administration Committee

Report

The Finance and Public Administration Committee published its report on 1 December 2022.

Read the report

Finance and Public Administration Committee Correspondence

National Care Service (Scotland) Bill Financial Memorandum - Letter of 20 March 2024

Letter from the Minister for Social Care, Mental Wellbeing and Sport to the Convener of 20 March 2024

National Care Service (Scotland) Bill Financial Memorandum - Letter of 12 March 2024

Letter from the Convener to the Minister for Social Care, Mental Wellbeing and Sport of 12 March 2024

National Care Service (Scotland) Bill Financial Memorandum - Letter of 21 February 2024

Letter from the Minister for Social Care, Mental Wellbeing and Sport to the Convener of 21 February 2024

National Care Service (Scotland) Bill Financial Memorandum - Letter of 12 February 2024

Letter from the Director of Social Work Scotland and the Chief Officer of COSLA to the Convener of 12 February 2024

National Care Service (Scotland) Bill Financial Memorandum - Letter of 8 February 2024

Letter from the Convener to the Minister for Social Care, Mental Wellbeing and Sport of 8 February 2024

See a full list of Stage 1 correspondence


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 3 February 2023.

Read the report


Social Justice and Social Security Committee

Meetings


Referral back to lead committee

On 28 February 2024, Parliament debated whether the National Care Service (Scotland) Bill be referred back to the Health, Social Care and Sport Committee for a further report on the general principles of the Bill. 

Read the Official Report of the meeting

Read the minutes of the meeting (214KB, pdf) posted 28 February 2024

Stage 1 Debate and decision

A Stage 1 debate took place on 29 February 2024 to consider and decide on the general principles of the Bill.

  • Motion title: National Care Service (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the National Care Service (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Tuesday, 06 February 2024
  • Motion reference: S6M-12093
  • Current status: Taken in the Chamber on Thursday, 29 February 2024

Result 63 for, 51 against, 1 abstained, 14 did not vote Vote Passed

See further details of the motion


  • Motion title: National Care Service (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the National Care Service (Scotland) Bill.
  • Submitted by: Maree Todd
  • Date lodged: Tuesday, 27 February 2024
  • Motion reference: S6M-12331
  • Current status: Taken in the Chamber on Thursday, 29 February 2024

Result 65 for, 50 against, 1 abstained, 13 did not vote Vote Passed

See further details of the motion


  • Motion title: National Care Service (Scotland) Bill (Referral Back to Lead Committee at Stage 1)
  • Text of motion: That the Parliament agrees that the National Care Service (Scotland) Bill be referred back to the Health, Social Care and Sport Committee for a further report on the general principles of the Bill.
  • Submitted by: Jackie Baillie
  • Date lodged: Tuesday, 27 February 2024
  • Motion reference: S6M-12317
  • Current status: Taken in the Chamber on Wednesday, 28 February 2024

Result 52 for, 64 against, 0 abstained, 13 did not vote Vote Defeated

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 29 February 2024

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Daily list of amendments

MSPs can currently submit amendments ("changes") to the Bill.  A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.

The deadline for amendments will be added once the Stage 2 meeting date has been confirmed.

Call for views (closed)

In the Health, Social Care and Sport Committee’s Stage 1 report, a majority of Committee Members requested the Scottish Government provide the draft text of its Stage 2 amendments in advance of formal Stage 2 proceedings. This was to enable the Committee to take further evidence on the amendments prior to formal proceedings. 

On 24 June 2024, the Committee received the following package of documents from the Scottish Government:

National Care Service (Scotland) Bill: draft Stage 2 amendments

The Committee then sought views about the draft amendments the Scottish Government proposed to make to the Bill, at Stage 2. 

Read responses to the call for views at Stage 2

The call for views closed on 20 September 2024.

Meetings of the Health, Social Care and Sport Committee

Stage 2 Correspondence

National Care Service (Scotland) Bill

Letter from Social Work Scotland to the HSCS Convener concerning Stage 2 of the National Care Service (Scotland) Bill, 21 September 2024

National Care Service (Scotland) Bill - Stage 2

Letter from The Promise Scotland to the HSCS Convener concerning the Stage 2 call for views on the National Care Service (Scotland) Bill, 20 September 2024

National Care Service (Scotland) Bill

Letter from the Scottish Association of Social Work to the HSCS Convener concerning Stage 2 of the National Care Service (Scotland) Bill, 20 September 2024

See a full list of Stage 2 correspondence

Bill as amended at Stage 2

The Bill as amended at Stage 2 will be published following Stage 2 proceedings.