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Regulation of Care (Scotland) Act 2001

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This is the original version (as it was originally enacted).

7Applications for registration under Part 1

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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