The Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes transitional provisions. Persons providing a school care accommodation service mentioned in article 2(3) on 1st April 2005 are deemed to have registered the service under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8) (“the Act”).

Article 2(2) provides that deemed registration will cease in the following circumstances–

• where the person providing the service has applied before 31st December 2005 for registration under the Act, on 30th September 2006.

• where such an application for registration is made–

  • on the date that the Commission refuses an application where no appeal is made under section 20(1) of the Act;

  • on the date that the sheriff confirms the Commission’s decision after a timeous appeal has been made;

  • where an appeal is made but is later abandoned, the date on which that is intimated to the sheriff clerk or, where there is no intimation, the date on which it is deemed by the Sheriff to be abandoned.

• where the date the Commission decides (other than in the case of an application from the provider) to cancel the deemed registration–

  • where there is no appeal under section 17(3) of the Act from the provider against the Care Commission’s decision to cancel the registration, the fifteenth day after the day the Care Commission gave notice of that intention;

  • where there is such appeal and the sheriff decides to grant it, the day the sheriff decides to do so;

  • where an appeal is made and later abandoned, the date on which that is intimated to the sheriff clerk or, where there is no intimation, the date on which it is deemed by the court to be abandoned.

• on the day on which the sheriff grants an application by the Commission under section 18 of the Act for cancellation of registration;

• on the day the person ceases to provide the service; or

• in any other case, on 31st December 2005.