Explanatory Notes

Regulation of Care (Scotland) Act 2001

2001 asp 8

5 July 2001

The Act

Commentary on sections

Part 1: the Commission and Care Services
Proposals and applications in relation to registered care services
Section 16: Right to make representations to Commission as respects proposals under Part 1

70.This section states that a notice given under section 15 must indicate that the person can, if they so wish, make written representations to the Commission within a time limit of 14 days (subsection (1)). This ensures that the applicant has the opportunity to make their point of view known. Subsection (2) provides that the Commission may not implement the terms of the notice until the 14 day period has ended unless they receive representations during the 14 day period or the person notifies the Commission that they will not be making representations. Subsection (3) provides that this section does not apply in respect of condition notices given under section 35.