Care homes 40 Visits to or by care home residents (1) The Public Services Reform (Scotland) Act 2010 is modified as follows. 25 (2A) After section 78 insert— “Regulations under section 78: visits to and by adult care home residents 78A Identification of Essential Care Supporter (1) The Scottish Ministers must exercise the power under section 78(2) to impose a duty on providers of care home services for adults to— 30 (a) identify for every resident of accommodation provided by the care home service at least one individual as an Essential Care Supporter, unless— (i) doing so would be contrary to the resident’s wishes, or (ii) nobody can be identified who is able and willing to be the resident’s Essential Care Supporter, and 35 (b) maintain a record of the Essential Care Supporters identified. 10 Care Reform (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (2) The Scottish Ministers must set out in regulations under section 78(2)— (a) the criteria to be applied in determining who a resident’s Essential Care Supporter is, and (b) the consultative process with the resident and others by which that 5 determination is to be made. (3) The duty described by subsection (1) must be framed so that a provider of a care home service must have regard to the code...