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

Deemed registration of existing undertakings etc.

6.—(1) Subject to paragraph (2), where on the commencement date a person provides a care service to which this article applies, the service is to be treated for all purposes as if it had been registered under Part 1 of the Act on that date.

(2) Registration under paragraph (1) shall cease to have effect–

(a)where the person providing the service has before 1st October 2002 made an application for registration of the service under section 7(1) of the Act, on 1st April 2003; or

(b)in any other case, on 1st October 2002.

(3) This article applies to any care service other than one to which article 4 applies which is substantially the same as a service, activity or undertaking which was provided or carried on by that person immediately before that date.