Public Services Reform (Scotland) Act 2010 (asp 8)

Part 5 S Social care and social work: scrutiny and improvement

Chapter 3 S Care services

Proposals and applications in relation to registered care services S

69 Emergency condition notices: appeals S

(1) A person—

(a) who is given an emergency condition notice, and

(b) who—

(i) makes no written representations in accordance with section 67(4)(a), or

(ii) makes such representations but is notified as mentioned in section 67(5)(b),

may, within 14 days after the relevant date, appeal to the sheriff against the imposition of the condition.

(2) In subsection (1), “relevant date” means—

(a) where sub-paragraph (i) of subsection (1)(b) applies, the date of service of the emergency condition notice,

(b) where sub-paragraph (ii) of that subsection applies, the date notification mentioned in that sub-paragraph is given.

(3) The sheriff may, on an appeal under subsection (1)—

(a) direct that the condition specified in the emergency condition notice is to continue to have effect,

(b) direct that the condition is to cease to have effect,

(c) direct that the condition be varied as specified in the direction,

(d) impose an additional condition in relation to the registration.

Commencement Information

I1 S. 69 in force at 1.10.2010 for specified purposes by S.S.I. 2010/321, art. 3, Sch.

I2 S. 69 in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/122, art. 2, Sch.