C1PART 4 MANAGEMENT OF RESIDENTS’ FINANCES
35 Application of Part 4
1
Subject to subsection (3), this Part applies to the management of the matters set out in section 39 relating to any resident of any of the following establishments—
F1a
a health service hospital ;
c
a State hospital;
d
a care home service; and
e
a limited registration service.
2
In this Part establishments mentioned in paragraph (b), F4(d) or (e) of subsection (1) are referred to as “registered establishments”, all other establishments mentioned in subsection (1) are referred to as “unregistered establishments”, and registered and unregistered establishments together are referred to as “authorised establishments”.
3
This Part shall not apply to a registered establishment where notice in writing is given to the supervisory body by—
a
the managers of the registered establishment; or
b
an applicant F5, under section 7(1) of the Regulation of Care (Scotland) Act 2001 (asp 8), for registration of the service which comprises that establishment,
that it shall not apply.
4
The Scottish Ministers may by regulations amend the list of authorised establishments set out in subsection (1).
5
In this Part, “the managers” has the meaning set out in schedule 1; and “resident” in relation to an authorised establishment means an adult whose main residence for the time being is the authorised establishment or F6whose detention there is authorised by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the 2003 Act .
F76
Expressions used in subsection (1) and in the Regulation of Care (Scotland) Act 2001 have the same meanings in that subsection as in that Act.
Pt. 4 modified (1.4.2003) by 2001 asp 8, ss. 8(1), 81(2); S.S.I. 2003/205, art. 2 (with transitional provisions in art. 3)