The Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment (No. 2) Order 2003

Scottish Statutory Instruments

2003 No. 570

SOCIAL CARE

The Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment (No. 2) Order 2003

Made

26th November 2003

Laid before the Scottish Parliament

27th November 2003

Coming into force

22nd December 2003

The Scottish Ministers, in exercise of the powers conferred by section 7(2)(a) of the Regulation of Care (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment (No. 2) Order 2003 and shall come into force on 22nd December 2003.

Amendment of the principal Order

2.—(1) The Regulation of Care (Applications and Provision of Advice) (Scotland) Order 2002(2) shall be amended as follows.

(2) In paragraph (2) of article 1 (interpretation)(3), insert–

““care at home service” means a support service which provides personal care or personal support to a person ("the recipient") within the recipient’s home;”

(3) In article 2 (applications for registration)(4)–

(a) in paragraph (1), for “paragraphs (2), (3) and (4)” substitute “the following paragraphs”; and

(b) after paragraph (4), insert–

“(5) Where an application is for registration of a care at home service, paragraphs 12, 32 and 33 of the Schedule shall not apply.”.

(4) In paragraph 31 of the Schedule, after “independent health care service”, insert “or a care at home service”.

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

26th November 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Regulation of Care (Applications and Provisions of Advice) (Scotland) Order 2002 (S.S.I. 2002/113) so that it specifies the information which is to be provided by a person who makes an application for registration of a care at home service.

(1)

2001 asp 8; see section 77(1) for the definition of “prescribed”.

(2)

S.S.I. 2002/113.

(3)

Article 1 was amended by S.S.I. 2003/151, article 2(2).

(4)

Article 2 was substituted by 2003/151, article 2.