School holiday, activity and food provision programmes

Last updated: 23 March 2026

It is an offence to operate a care service in Scotland without being registered with the Care Inspectorate.  

Section 47 of the Public Services Reform (Scotland) Act 2010 defines the types of services that must be registered with the Care Inspectorate.    

Daycare of childrens services

A “day care of children” service  is described in paragraph 13 of Schedule 12  as  “subject to paragraphs 14(b) to 17, a service which consists of any form of care (whether or not provided to any extent in the form of an educational activity), supervised by a responsible person and not excepted from this definition by regulations, provided for children, on premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight).”     

Regulations made under the Act, namely The Social Care and Social Work Improvement Scotland (Excepted Services) Regulations 2012 (SSI 2012/44) (“the Excepted Services Regulations”), restrict the definition of a daycare of children service to those services which have as a primary purpose the provision of care to children.    

Regulation 4 of the Excepted Services Regulations states:

“There is excepted from the definition of “day care of children” in paragraph 13 of schedule 12 to the Act any service unless its primary purpose is the provision of care to children”.   

Support service:

A support service is defined by the Public Services Reform (Scotland) Act 2010 as:

“a service provided, by reason of a person’s vulnerability or need (other than vulnerability or need arising by reason only of that person being of a young age), to that person or to someone who cares for that person by-   

  • a local authority;  

  • any person under arrangements made by a local authority;  

  • a health body; or  

  • any person if it includes personal care or personal support.”

Consider whether the ‘vulnerability’ is solely through age. If it is and care is being provided and is provided for more than two hours, then consider if registration as a daycare of children service is more appropriate.   

Consider if the ‘vulnerability’ is through some form of additional support need and ‘care’ is required. If it is, consider registering as a support service.