42.The Scottish Ministers have a power to make regulations under section 78(2) of the Public Services Reform (Scotland) Act 2010 imposing requirements in relation to care services (a term defined in section 47 of that Act). Section 14 of the Act inserts new sections 78B to 78D into the Public Services Reform Act to require Ministers to exercise their power under section 78(2) to impose four new duties on the providers of care home services for adults:
	a duty to use their best endeavours to identify for every care home resident at least one person as an essential care supporter for the resident (see inserted section 78B)
	a duty to facilitate visits to and by care home residents (see inserted section 78C)
	a duty to review decisions to suspend visits to and by residents (see inserted section 78D(1)(a))
	a duty to notify Social Care and Social Work Improvement Scotland (commonly known as the Care Inspectorate) following a decision to suspend visits (see inserted section 78D(1)(b))
43.Section 14 of the Act also inserts a new section 78E into the Public Services Reform Act requiring the Scottish Ministers to produce, and periodically review, a code of practice that the providers of care home services for adults will have to have regard to when fulfilling the new duties imposed in accordance with the requirements of new sections 78B, 78C and 78D.
44.Section 14 also inserts a new section 78F into the Public Services Reform Act. This provides definitions of key expressions used in the preceding inserted sections.
45.Finally, section 14 inserts a new section 78G into the Public Services Reform Act. This requires the Scottish Ministers to report on the operation of the duties imposed in accordance with inserted sections 78B, 78C and 78D. The report has to be made publicly available within two years of inserted section 78G coming into force. That inserted section of the Public Services Reform Act will come into force when section 14(2) of the Care Reform Act comes into force and inserts it. Section 14(2) of the Care Reform Act is to come into force on a day appointed by the Scottish Ministers by regulations (see section 39).
Overview of the Act Overview of Part 2 Care homes: visits to or by residents