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Regulation of Care (Scotland) Act 2001

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This is the original version (as it was originally enacted).

14Applications under Part 1 in respect of conditions

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(1)A person providing a service registered under this Part may apply to the Commission—

(a)for the variation or removal of any condition for the time being in force in relation to the registration; or

(b)for cancellation of the registration,

but no such application shall be competent in circumstances mentioned in subsection (2) below.

(2)The circumstances are that the Commission has given the person notice—

(a)under section 15(2) of this Act of its proposal to cancel the registration (unless the Commission has decided not to take that step); or

(b)under section 17(3) of this Act of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, that appeal has not been determined.

(3)An application under subsection (1) above shall be made in such manner and state such particulars as may be prescribed; and, without prejudice to subsection (1)(b) of section 24 of this Act, shall be accompanied by the fee imposed under subsection (2)(a) or as the case may be (c) of that section.

(4)If the Commission decides to grant an application under subsection (1)(a) above it shall give the applicant notice of its decision (stating, where applicable, the condition varied or removed) and issue a new certificate of registration.

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