The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: Anne's Law - code of practice 31 March 2026
'Anne’s Law’ describes a series of legal acts and regulations that give new duties to care homes to strengthen the rights of people living in adult care homes to see and spend time with people who are important to them. The code of practice explains how these duties should work day-to-day.
Glossary of Terms: Definition of Key Words and Phrases
These definitions are provided to support understanding of this code of practice. There are some legal definitions within the Public Services Reform (Scotland) Act 2010 as modified by Care Reform (Scotland) Act 2025 and The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026. Where that is the case, the legal definition is provided. In some cases, this is accompanied by an explanation to support understanding.
Anne’s Law when the term “Anne’s Law” is used in this document, it means the legislation and guidance about visits to or by care home residents. This is:
- Care Reform (Scotland) Act 2025
- The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026
- Anne’s Law Code of Practice
References to care home such as “the care home should …” mean the care home provider – see definition of Provider below.
Care home service for adults (legal definition) means care home services provided for individuals who have reached the age of 18 years.
An Essential Care Supporter (legal definition) in relation to a resident of accommodation provided by a care home service, means the individual recorded as the resident’s Essential Care Supporter in fulfilment of the duty imposed in accordance with section 78B(1) of the Public Services Reform (Scotland) Act 2010- Identification of Essential Care Supporter.
An Essential Care Supporter (explanation) is someone important to a person living in a care home. It is likely to cause harm if the person living in the care home was not able to see them.
Essential Visits are the types of visits that can still go ahead even in the rare circumstances where other visiting is suspended. These are when:
- the resident may die
- the resident may deteriorate significantly
- the suspension will cause, or is likely to cause, serious harm to the resident’s health or wellbeing and that harm outweighs the serious risk
Facilitating visits means allowing and supporting visits to happen.
Human rights are the rights and freedoms that belong to every person, at every age. They are set out in international human rights treaties and are enshrined in UK law by the Human Rights Act 1998.
Meaningful connection is about all the connections, such as with families, friends, staff, pets, the wider community, our environment and belongings, which people experience as valued and meaningful and which support emotional, mental and physical health and wellbeing.
A Notification in relation to regulation 7, is when a care home provider communicates that there is any suspension of visiting.
A Personal Plan is a plan of how care and support will be provided to a person, as agreed in writing between an individual living in a care home and the service provider. The plan will set out how an individual’s assessed needs will be met, as well as their wishes and choices. More information can be found in the Care Inspectorate’s Guide for Providers on Personal Planning. The requirement for a personal plan and what it must include is set out in the regulation 5 of the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 201110.
Provider (legal definition) - “provider”, in relation to a care home service, is to be construed in accordance with the definition of “provide” in section 105 of the Public Services Reform (Scotland) Act 201011. “Provide”, in relation to a care service, means to carry on or manage such a service; and includes, in the case of a care service which is provided by a body corporate, a reference to a director, manager, secretary to other similar officer of the body.
Reasonable cause this phrase is used in the regulations relating to care home providers; if they have reasonable cause to believe something. Reasonable cause refers to circumstances that would lead a reasonable person to believe that a particular action is justified, or that a particular circumstance exists. It would require more than suspicion but less than certainty. Each instance will always depend on the specific context and the available evidence.
A Representative (legal definition) means any person having legal authority, or the consent of the resident, to act on the resident’s behalf.
A Resident in relation to a care home service, is any person to whom that service is provided.
Review period (legal definition) in relation to reviewing the code of practice means the period of 5 years beginning with the day on which the latest version of the Code was published.
Serious harm to the resident’s health or wellbeing might include physical changes (such as a deterioration in their physical health), functional changes such as a significant decline in self-care (dressing, walking or feeding) or mental health changes (such as anorexia, apathy, distress, behavioural or mood changes and withdrawal).
Significant Deterioration is when a condition or illness has worsened and is not expected to immediately improve or could deteriorate further. It could be due to an underlying medical condition (e.g. cancer or dementia) or due to a new illness (e.g. pneumonia).
A Visiting Suspension in accordance with regulation 4, is when some visits can’t go ahead. When a care home decides this, it is because there are serious risks to residents or the people they wish to visit.