Explanatory Notes

Regulation of Care (Scotland) Act 2001

2001 asp 8

5 July 2001

The Act

Commentary on sections

Part 3:  the Council
Registration
Section 49: Removal etc. from the Council’s register

148.This section provides for the Council to make rules, subject to the approval of Scottish Ministers, about the circumstances under which a person can be removed or suspended from any part of the register. It also provides for rules to be made about the circumstances under which a person can be restored to the register or their entry altered. The section explains that the rules will make provision for the procedure to be followed, standard of proof required, and for the rules of evidence in proceedings by which the matter can be determined. The intention is that the burden of proof should be on the balance of probabilities. These proceedings may be held in public.