Search Legislation

The Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Notices and applications under the 1989 Act

12.—(1) This article applies–

(a)where a person provides a care service which is–

(i)a child care agency to which article 4(6) applies;

(ii)child minding to which article 4(9) applies; or

(iii)day care of children to which article 4(10)(a) applies;

(b)where the local authority with which the person was immediately before the commencement date registered as a child minder or (as the case may be) a provider of day care for children had–

(i)sent that person notice of its intention to take a step specified in section 77(1)(b) or (d) of the 1989 Act; or

(ii)applied to the court for an order under section 75 of that Act; and

(c)that step had not taken effect, or that order had not been made, before that date.

(2) Where this article applies–

(a)the 1989 Act shall continue in force for the purpose of determining whether the step is to be taken or (as the case may be) the order is to be made;

(b)where a requirement is imposed, removed or varied as provided for by this paragraph it shall, so far as it is capable of being a condition to which registration under the Act is subject, have effect in relation to the care service to which paragraph (1) applies from the date on which it was imposed, removed or varied as the case may be as if it were a condition which was specified in a condition notice issued under section 13 of the Act and the period of 14 days referred to in section 16 of the Act has elapsed on that date without written representations having been made as provided for in that section; and

(c)where the person’s registration is cancelled, registration under the Act by virtue of this Order of the care service to which paragraph (1) applies shall cease to have effect.

(3) Where a person to whom paragraph (1)(a) applies has before the commencement date applied to the local authority specified in paragraph (1)(b) to vary or remove a requirement under section 72 or section 73 of the 1989 Act and the local authority has not by that date given notice under section 77(1)(e) of that Act, the application shall be treated as an application to the Commission for variation or (as the case may be) removal of a condition which was made in accordance with the requirements of section 14 of the Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources