2003 No. 205 (C. 9)
The Regulation of Care (Scotland) Act 2001 (Commencement No. 3 and Transitional Provisions) Order 2003
Made
The Scottish Ministers, in exercise of the powers conferred by sections 81(2), (3) and (4) of the Regulation of Care (Scotland) Act 20011, hereby make the following Order:
Citation and interpretation1
1
This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Commencement No. 3 and Transitional Provisions) Order 2003.
2
In this Order–
“the Act” means the Regulation of Care (Scotland) Act 2001; and
“the 2002 Order” means the Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 20022;
Commencement of provisions of the Act2
The following provisions of the Act shall come into force on 1st April 2003:–
a
in section 2 (care services)
i
subsection (1)(n);
ii
subsection (7) so far as not already in force;
iii
subsection (8); and
iv
subsection (27); and
b
section 8 (limited registration).
Transitional provisions3
1
Where on 1st April 2003 a person is providing a care service to which this article applies the service shall be treated for all purposes as if it had been registered under Part 1 of the Act on that date.
2
Paragraph 1 shall cease to apply–
a
where the person providing the service has before 1st October 2003 made an application for registration of the service under section 7(1) of the Act, on 1st April 2004; or
b
in any other case, on 1st October 2003.
3
This article applies to the following care services:–
a
a child care agency other than one to which article 4(6) of the 2002 Order applies; and
b
a housing support service,
which is substantially the same as a service, activity or undertaking which was provided or carried on by that person immediately before that date.
(This note is note part of the Order)
(This note is not part of the Order)
1
The following provisions of the Act have been brought into force by the Regulation of Care (Scotland) Act 2001 (Commencement No. 1) Order 2001 (S.S.I. 2001/304):–
Provision | Date of commencement |
---|---|
Sections 5(1) and (2), 6, 24(1), 29, 30, 53 to 55, 63 to 65, 67, 71, 79 (partially), 80(3) and (4), and paragraphs 20 and 23(7) of schedule 3 | 1st October 2001 |
Section 70 | 20th December 2001 |
2
The following provisions of the Act have been brought into force by the Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2001 (S.S.I. 2002/162):–
Provision | Date of commencement |
---|---|
Sections 2 subsections (1)(a) to (h), (l) and (m) (2) to (4), 5(a) and (b), (6), (9), (17) to (26) and (28). | 1st April 2002 |
Section 2(5)(c) (partially) | |
Section 2(7) (partially) | |
Section 2(10) (partially) | |
Sections 3, 5(3), 7, 9 to 23, 24(2) and (3), 25 to 27, 31, 32, 33(1)(c) and (2) to (4), 34 to 42, 44 to 51 and 72 | |
Section 79 (partially) | |
Section 80(i) (partially) | |
Paragraphs 1 to 3, 4(1) and (3), 5, 6, 7(11)(b), 8 to 19, 21, 23(1) to (6) and 25 of Schedule 3 | |
Schedule 4 (partially) |