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Regulation of Care (Scotland) Act 2001

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PART 5S PROVISIONS COMMON TO COMMISSION AND COUNCIL

Grants and guaranteesS

60 GrantsS

(1)The Scottish Ministers may make grants to F1... the Council towards expenses incurred, or to be incurred, by it in connection with—

(a)the initial establishment of the [F2Council]; and

(b)the discharge by [F3the Council] of its functions.

(2)Any grant made under subsection (1) above may be made on such terms and subject to such conditions (including conditions as to repayment) as the Scottish Ministers think fit; and the Scottish Ministers may from time to time after the grant is made vary such terms and conditions.

Textual Amendments

F1Words in s. 60(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F2Word in s. 60(1)(a) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F3Words in s. 60(1)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

61 GuaranteesS

(1)The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sum which F4... the Council borrows from any person.

(2)Where the Scottish Ministers give a guarantee under this section they shall forthwith lay a statement of the guarantee before the Parliament.

(3)Where any sum is paid out in fulfilment of a guarantee under this section, the Scottish Ministers shall, as soon as reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged), lay before the Parliament a statement relating to that sum.

(4)Where any sum is paid out in fulfilment of a guarantee under this section, F5... the Council, shall make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—

(a)payments of such amounts as they may so direct in or towards repayment of the sum so paid out; and

(b)payment of interest, at such rate as they may so direct, on what is outstanding for the time being in respect of that sum.

Textual Amendments

F4Words in s. 61(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 6(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F5Words in s. 61(4) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 6(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

Duty to consultS

62Duty of Commission and Council to consult each otherS

The F6... Council shall F7..., in the exercise of its functions, consult [F8Social Care and Social Work Improvement Scotland] in every case in which it appears to the [F9Council] appropriate that there should be such consultation.

Textual Amendments

F6Words in s. 62 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F7Word in s. 62 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F8Words in s. 62 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F9Word in s. 62 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(d); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

63 Guidance as to consultationS

The Scottish Ministers shall issue guidelines to F10... the Council as to the fulfilment, by the [F11Council], of any requirement under this Act to consult any person or group of persons.

Textual Amendments

F10Words in s. 63 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 8(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F11Word in s. 63 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 8(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

Complaints, inquiries and maladministrationS

64 Complaints procedureS

(1)[F12The Council shall] establish a procedure by which a person, or someone acting on a person’s behalf, may make complaints (or other representations) in relation to the exercise by the [F13Council] of, or failure by it to exercise, any of its functions under this Act in respect of the person.

(2)Before establishing a procedure under subsection (1) above, the [F14Council ] shall consult the Scottish [F15Public Services Ombudsman] on its proposals for such a procedure F16....

(3)The [F17Council] shall keep the procedure so established by it under review and shall vary that procedure whenever, [F18after such consultation], it considers it appropriate to do so.

(4)The [F19Council ] shall give such publicity to that procedure (including that procedure as varied under subsection (3) above) as it considers appropriate and shall give a copy of the procedure to any person who requests it.

Textual Amendments

F12Words in s. 64(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(a)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F13Word in s. 64(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(a)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F14Word in s. 64(2) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F17Word in s. 64(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F19Word in s. 64(4) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(d); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

65 InquiriesS

(1)The Scottish Ministers may cause an inquiry to be held into any matter connected with—

(a)the exercise F20... by the Council of its functions; [F21or]

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Council may cause an inquiry to be held into any matter connected with the exercise of its functions.

(4)Before there is commenced an inquiry—

(a)under subsection (1) above, the Scottish Ministers;

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)under subsection (3) above, the Council,

may direct that it be held in private; but where no such direction has been given the person holding the inquiry may if that person thinks fit hold it, or any part of it, in private.

(5)Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (provisions relating to local inquiries) shall apply in relation to an inquiry under subsection (1) above as they apply in relation to a local inquiry under that section.

(6)Subsections (2) to (6) of that section shall apply in relation to an inquiry under subsection F24... (3) above as they apply in relation to such a local inquiry; except that, for the purposes of an inquiry under—

F25(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subsection (3) above, any such reference in those subsections shall be construed as a reference to the Council or, as the case may be, to an officer of the Council.

(7)The expenses incurred F26... by the Council in relation to an inquiry under subsection [F27(3)] above (including such reasonable sum as the [F28Council] may determine for the services of any of its officers engaged in the inquiry) shall, unless [F29the Council] is of the opinion that those expenses should be defrayed in whole or in part by it, be paid by such party to the inquiry as it may direct; and the [F30Council] may certify the amount of the expenses so incurred.

(8)Any sum certified under subsection (7) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

(9)In relation to an inquiry under—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subsection (3) above, the Council,

may make an award as to the expenses of the parties and as to the parties by whom such expenses shall be paid.

Textual Amendments

F20Words in s. 65(1)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(a)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F21S. 65(1)(b) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(a)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F22S. 65(2) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F23S. 65(4)(b) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F24Words in s. 65(6) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(d)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F25S. 65(6)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(d)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F26Words in s. 65(7) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F27Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F28Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(iii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F29Words in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(iv); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F30Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(v); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F31S. 65(9)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(f); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F3266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F32S. 66 repealed (23.10.2002) by 2002 asp 11, s. 25, Sch. 6 para. 24; S.S.I. 2002/467, art. 2

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