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
This Bill is at Stage 2 of the process to decide if it should become an Act.
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:
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.
National Care Service (Scotland) Bill as introduced (2MB, pdf) posted 20 June 2022
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
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
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
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
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.
The lead committee for this Bill is the Health, Social Care and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
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 summary of responses (300KB, pdf) posted 03 November 2022
Brief comments on the Bill could be made on our engagement website.
Read the summary of digital engagement (1MB, pdf) posted 03 November 2022
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.
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
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
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
Letter from the Minister for Social Care, Mental Wellbeing and Sport to HSCS Convener, 28 February 2024
Letter from the Royal College of Nursing to the HSCS Convener concerning Stage 1 of the National Care Service (Scotland) Bill, 15 January 2024
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
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
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
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
A letter from the Convener to the Convener of the Health, Social Care and Sport Committee, 14 December 2022
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Letter from the Convener to the Health, Social Care and Sport Committee Convener, 10 February 2023
Letter from the Minister for Mental Wellbeing and Social Care to the Convener, Criminal Justice Committee, 13 January 2023
Written submission from Claire Wilson, Chief Social Worker, Aberdeen Health and Social Care Partnership, 28 November 2022
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
The Education, Children and Young People Committee published its report on 19 December 2022.
Letter from the Minister for Children, Young People and Keeping the Promise 23 June 2023
Letter from CHAS 20 December 2022
Letter from the Minister for Children and Young People to ECYP Committee with additional information following evidence session, 5 December 2022
Letter from Councillor Buchanan with additional information from COSLA, 29 November 2022
Note from CYPCS with follow up information after evidence session 21 November 2022
See a full list of Stage 1 correspondence
Scrutiny of the Financial Memorandum
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
The Finance and Public Administration Committee published its report on 1 December 2022.
Letter from the Minister for Social Care, Mental Wellbeing and Sport to the Convener of 20 March 2024
Letter from the Convener to the Minister for Social Care, Mental Wellbeing and Sport of 12 March 2024
Letter from the Minister for Social Care, Mental Wellbeing and Sport to the Convener of 21 February 2024
Letter from the Director of Social Work Scotland and the Chief Officer of COSLA to the Convener of 12 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
Read the Official Report of the meeting
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published its report on 3 February 2023.
Read the Official Report of the meeting
Read the Official Report of the meeting
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
A Stage 1 debate took place on 29 February 2024 to consider and decide on the general principles of the Bill.
Result 63 for, 51 against, 1 abstained, 14 did not vote Vote Passed
See further details of the motion
Result 65 for, 50 against, 1 abstained, 13 did not vote Vote Passed
See further details of the motion
Result 52 for, 64 against, 0 abstained, 13 did not vote Vote Defeated
See further details of the motion
The Bill ended Stage 1 on 29 February 2024
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.
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.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
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.
Read the Official Report of the meeting
Letter from Social Work Scotland to the HSCS Convener concerning Stage 2 of the National Care Service (Scotland) Bill, 21 September 2024
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
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