Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: final business and regulatory impact assessment

Executive summary

Issue and why it needs to be addressed

These regulations are being introduced under the powers conferred by section 14 of the Care Reform (Scotland) Act 2025. Section 14 provides Scottish Ministers with the authority to make regulations under section 78(2) of the Public Services Reform (Scotland) Act 2010, to place a duty on care home providers to ensure that individuals living in adult care homes can maintain meaningful contact with their loved ones.

The policy is commonly referred to as Anne’s Law, which originated from the Scottish Parliament Petition PE1841, “Allow a designated visitor into care homes”. The petition was lodged during the COVID-19 pandemic by a relative of a care home resident who was unable to visit her mother. The aim of the petition was to protect the rights of care home residents to maintain meaningful contact with loved ones. The regulations embed this principle in law.

Intended outcomes

The policy purpose of these regulations is to implement the changes made by the Care Reform (Scotland) Act 2025 to the Public Sector Reform (Scotland) Act 2010. The purpose of these changes is to ensure that:

(1) people living in adult care homes can identify at least one person as an Essential Care Supporter (“ECS”) if that is their wish, and

(2) that they can connect with the people who are important to them through in-person visits and visits out of the home unless there is a serious risk to life, health or wellbeing. However, even where there are such exceptional circumstances, some types of visits should always be supported.

Options

Prior to the introduction of the Care Reform (Scotland) Bill (formerly the National Care Service (Scotland) Bill), the following options for delivery of the policy purpose were considered:

Option 1 – Do nothing

Option 2 – Rely on updated Public Health guidance

Option 3 – Rely on updated Public Health guidance and updated health and social care standards for care home visiting

Option 4 – Introduce legislation to protect the rights of care home residents to receive visitors during outbreaks of infectious illness.

Option 4 was agreed by Scottish Ministers as the most likely route to achieve a national and consistent approach to visiting both in and out of the care home.

Options for bringing about The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026:

The Care Reform (Scotland) Act 2025 requires Scottish Ministers to make regulations under section 78(2) of the Public Services Reform (Scotland) Act 2010 for the purposes set out in the 2025 Act. Therefore, there are no alternatives options to bring about the regulations.

Sectors affected

The Scottish care home sector and regulatory bodies.

Engagement completed, ongoing and planned

During the consultation on the National Care Service (Scotland) Bill in 2021, workshops were held and care home providers, as well as their representative groups, were engaged both during these workshops and on a regular basis since.

In addition, three one-to-one meetings took place with care home providers to talk specifically about the impacts of this policy and one such meeting also took place with the Care Inspectorate given its role in inspecting and regulating care homes in Scotland. In addition to this, Public Health professionals were similarly engaged in relevant stakeholder groups to inform the development of the policy.

A consultation survey on the draft regulations was open from 26 September to 17 October 2025, during which time members of the public, care home providers and other stakeholders were invited to give their views on the draft legislation.

As part of the evidence gathering for this BRIA, specific questions relating to impacts on care homes, costs and training were asked in the survey.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

Positive: Improved wellbeing of care home residents and their loved ones. The legislation ensures the continuity of visits to and by care home residents in all but the most serious of circumstances. This will result in reduced feelings of isolation, leading to improved mental wellbeing.

Positive: The regulations and accompanying code of practice will provide clear guidance and advice to care homes, reducing the risk of inconsistency across the country.

Negative: Administrative and management impact on care homes, who will be required to carry out staff training and a possible increase in administration.

Enforcement/ compliance

Any suspension of visiting must be reported to Social Care and Social Work Improvement Scotland, and the Chief Social Work Officer of the local authority in which the care home is located as soon as practicable.

Recommendations/ implementation plans

The regulations will be laid in Parliament on 21 January 2026 and will come into force on 31 March 2026. The Scottish Government will produce an accompanying code of practice to provide care homes with guidance on implementing it.

Evaluation and monitoring of implementation/ review of BRIA

If new information comes to light through implementation, it will be assessed for potential impact on business.

The Scottish Government will prepare a report two years after section 78G of the 2010 Act comes into force at the end of March 2026. If there are any findings on the effect on businesses, they will be included in the report.