National Care Service: business and regulatory impact assessment

Scottish firms impact test

As noted in the Financial Memorandum and summarised above, we do not expect the establishment of the NCS and local care boards, and the transfer of functions to those bodies, to have any financial implications for any other public bodies, businesses or third sector organisations, or for individuals. Over time, the development of the ethical commissioning and procurement approaches through the NCS will lead to changes in the expectations on care providers. We will ensure we engage with stakeholders, including care providers, as we develop the proposed approach to ethical commissioning and procurement.

We do not anticipate any immediate impact of the provisions on information and data sharing for Scottish firms. Over time the development of an integrated electronic social care and health record may impact on Scottish businesses of various sizes that provide social care services. This may include the need to update, adapt or change systems for new data requirements. We anticipate there will be a need to appropriately up-skill staff. This will be subject to future regulatory impact assessment.

Social and other specific services are recognised across Europe, as a category of public contract type, which have limited cross border interest. There are no proposals to make changes to the procurement procedural rules that apply to the procurement of services and support in the NCS. It is therefore not expected that there are any international trade implications from the procurement provisions in the Bill.

We do not anticipate that the draft provisions as outlined in the Bill around strengthened enforcement powers will have a specific impact on businesses operating a care service. Additional regulations still to be developed will set out further criteria on who can provide a care service at point of registration. This may have a negative impact on prospective providers who have a history of enforcement action taken against them by the Care Inspectorate.

Scottish Government officials consulted with a range of third sector organisations affected by the new legislation to create a right to breaks from caring. These organisations included carer and user support groups, such as local carer centres and young carer projects. The national carer organisations (Carers Scotland; Carers Trust Scotland; Coalition of Carers in Scotland; Minority Ethnic Carers of Older People Project (MECOPP); Scottish Young Carers Services Alliance; Shared Care Scotland; and Family Fund) played a key role in helping to inform the alternative breaks from caring options.

No impacts on Scottish firms from Anne's Law were highlighted in discussions on the proposals with care providers.