Chamber and committees

The method for the geographical and membership makeup of care boards will be considered as part of the collaborative design work with people who access and deliver health and care support, stakeholders and partners.

Transfer of Undertakings (Protection of Employment) (TUPE) / Cabinet Office Statement of Practice (COSOP) principles will apply if the delivery of services is transferred from local authorities to care boards. If that is the case, the TUPE process would be followed. Decisions on whether any staff transfers take place will depend on decisions taken at a local level. Legal advice will be sought as required and external legal advice commissioned as necessary.

To support the Bill, provisions in the National Care Service (Scotland) Bill Financial Memorandum sets out an assumption of the range of required investments in pay and terms and conditions for frontline local government care staff, if all staff were to transfer to the National Care Service. This is set out at page 16, paragraph 53, table 8.

Paragraph 48 of the National Care Service (Scotland) Bill Policy Memorandum sets out the local decisions required. This can be accessed at: https://www.parliament.scot/bills-and-laws/bills/national-care-service-scotland-bill/introduced

These local decisions will inform future discussions on any staff transfers. The length of time taken to transfer staff is directly related to these local level decisions.

I refer the member to the answer to question S6W-12831 on 15 December 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

We are committed to working collaboratively to design the National Care Service with people, stakeholders and partners. We published a document on the National Care Service and the co-design process on 21 June 2022. This can be accessed at: https://www.gov.scot/publications/national-care-service-co-design-national-care-service/documents/

To find out more about what co-design is, the phases of work involved and the activities and tools that can be used to support we have been running introductory sessions for the public. Further information on upcoming sessions can be accessed at: https://www.gov.scot/policies/social-care/national-care-service/

The method for appointments to care boards will be considered as part of the collaborative design work with people who access and deliver health and care support, stakeholders and partners.

Paragraph 48 of the National Care Service (Scotland) Bill Policy Memorandum refers to this. This can be accessed at: https://www.parliament.scot/bills-and-laws/bills/national-care-service-scotland-bill/introduced

Once the structure and governance of care boards and their localities have been decided, decisions about the employment of local government staff can be made. Transfer of Undertakings (Protection of Employment) (TUPE) / Cabinet Office Statement of Practice (COSOP) principles will apply if the delivery of services is transferred from local authorities to care boards. If that is the case, the TUPE process would be followed.

To support the collaborative co-design we launched registration to Lived Experience Experts Panel and Stakeholder Register on 22 September 2022. Further information and registration details can be accessed at: https://www.gov.scot/publications/design-the-national-care-service/

As of 7 December 2022, we had 421 applicants registered with the Lived Experience Experts Panel.

As of 7 December 2022, we had 210 organisations sign up for the Stakeholder Register.

The Panel and the Register are both being actively monitored for demographics, geographic spread and protected characteristics to ensure we encourage a true representation of the population. Targeted engagement will be undertaken to address any gaps and ensure robust information gathering and development Promotion of the opportunities to register will continue throughout the life time of the programme.

I refer the member to the answer to question S6W-12831 on 15 December 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers