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Regulation of Care (Scotland) Act 2001

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This is the original version (as it was originally enacted).

18Urgent procedures for cancellation of registration etc.

This section has no associated Explanatory Notes

(1)The Commission may make summary application to the sheriff for an order—

(a)cancelling the registration under this Part of a care service;

(b)varying or removing any condition for the time being in force in relation to the registration; or

(c)imposing an additional condition in relation to the registration,

and if it appears to the sheriff that, unless the order is made, there will be a serious risk to some other person’s life, health or well-being the application may be granted.

(2)As soon as practicable after the Commission makes an application under subsection (1) above, it shall so notify the appropriate authorities.

(3)Where the order applied for is made, the Commission shall as soon as practicable thereafter give a copy of it to the person who provides the care service.

(4)For the purposes of this section the appropriate authorities are—

(a)each—

(i)local authority; and

(ii)health board,

within whose area the care service is provided; and

(b)any statutory authority not mentioned in paragraph (a) above whom the Commission thinks it appropriate to notify.

(5)In subsection (4)(b) above, “statutory authority” means a body established by or under an enactment.

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