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

Notices under the 1968 Act

11.—(1) This article applies–

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

(i) a care home service to which article 4(2)(a) applies;

(ii) a support service to which article 4(1)(a) applies;

(iii) a school care accommodation service to which article 4(3) applies; or

(iv) an offender accommodation service to which article 4(8) applies; and

(b) where the local authority with whom the person was immediately before the commencement date registered have before that date given that person notice–

(i) under section 63A(1) of the 1968 Act of their intention to impose a new condition or to vary an existing condition; or

(ii) under section 64(1) of that Act of their intention to cancel the registration,

and that imposition, variation or cancellation as the case may be has not taken effect before that date.

(2) Where this article applies–

(a) the 1968 Act shall continue in force for the purpose of determining whether the condition is to be imposed or varied or the registration is to be cancelled as the case may be;

(b) where a condition is imposed 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)(a) applies from the date on which it was imposed 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)(a) 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) under section 62(5A) of the 1968 Act to impose a new condition or to vary an existing condition and the local authority has not by that date given notice under section 63A(1) of that Act, the application shall be treated as an application to the Commission for imposition or as the case may be variation of a condition which was made on that date in accordance with the requirements of section 14 of the Act.