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Regulation of Care (Scotland) Act 2001
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- 2001 asp 8
- PART 1
- Registration
- Section 7
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- specified provision(s) amendment to earlier commencing SSI 2004/100 by S.S.I. 2004/377 art. 2
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- s. 46A 46B inserted by S.I. 2007/3101 reg. 260
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2003/205 art. 2 commences (2001 asp 8)
- S.S.I. 2003/596 art. 3 commences (2001 asp 8)
- S.S.I. 2004/100 art. 2 3 commences (2001 asp 8)
- S.S.I. 2005/426 art. 2 commences (2001 asp 8)
- S.S.I. 2006/275 art. 2 commences (2001 asp 8)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2004/522 art. 2 commences (2003 asp 5)
- S.S.I. 2004/556 art. 2 amendment to earlier commencing SSI 2004/522
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2005/492 art. 3 Sch. 1-3 commences (2005 asp 13)
- S.S.I. 2006/166 art. 2 commences (2005 c. 15)
- S.S.I. 2007/67 art. 2 amendment to earlier commencing SSI 2006/275
- S.S.I. 2007/385 art. 2 Sch. commences (2007 asp 14)
- S.S.I. 2009/267 art. 2 commences (2007 asp 4)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
- S.S.I. 2011/157 art. 2(a) commences (2007 asp 14)
7 Applications for registration under Part 1S
This section has no associated Explanatory Notes
(1)A person who seeks to provide a care service shall make an application to the Commission for registration of the service.
(2)An application shall—
(a)give such information as may be prescribed about prescribed matters;
(b)identify an individual (who may be the applicant) who is to manage the service;
(c)give any other information which the Commission may reasonably require the applicant to give; and
(d)without prejudice to subsection (1)(b) of section 24 of this Act, be accompanied by the fee imposed under subsection (2)(a) of that section.
(3)A person who provides, or seeks to provide, more than one care service must make a separate application in respect of each of them.
(4)The provision, by two or more branches, of services which (but for this subsection) would be one care service, shall, for the purposes of this Act, instead be treated as the provision of two, or as the case may be a number of, separate care services, each by one of those branches.
(5)In subsection (4) above, “branch” means an entity, of whatever description, which is separately carried on or managed; but a branch may provide a care service from two or more premises.
(6)A person who provides an adoption service or a fostering service must be a voluntary organisation.
(7)Subsections (1) to (6) above do not apply to a local authority—
(a)seeking to provide—
(i)an adoption service mentioned in subsection (11)(a); or
(ii)a fostering service mentioned in subsection (14)(a) or (c),
of section 2 of this Act; or
(b)seeking to provide a care service in respect of which they have made such determination as is mentioned in section 33(1)(c) of this Act.
(8)Subsection (7)(b) above is subject to section 33(3) of this Act.
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Commencement Information
I1S. 7 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)
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