http://www.legislation.gov.uk/ssi/2011/121/part/III/chapterThe Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions Order 2011Day careHealth carePrivate health careCarePublic servicesenSOCIAL CAREPUBLIC HEALTHStatute Law Database2026-08-20Expert Participation2011-04-01
This Order makes transitional and savings provisions in respect of Social Care and Social Work Improvement Scotland (SCSWIS) and Healthcare Improvement Scotland (HIS) required as a result of the repeal of Part1 of the Regulation of Care (Scotland) Act 2001 and the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 by the Public Services Reform (Scotland) Act 2010 (“the 2010 Act”). These 2 bodies were established by the 2010 Act and come into operation on 1st April 2011 which is the appointed day for the purposes of this Order.
PART IIIINDEPENDENT HEALTH CARE SERVICES
TRANSITIONAL PROVISIONS
Registration
10
1
Where on the appointed day, a person provides an independent health care service which immediately before the appointed day was registered under Part1 of the 2001 Act, that independent health care service is to be treated for all purposes as if it had been registered under section10P of the NHS Act and is subject to the same conditions as the registration under the 2001 Act was subject.
2
Paragraph(1) does not apply to a registration to which article18(1) applies.
Improvement notices
11
Where prior to the appointed day, an improvement notice has been given under section10 of the 2001 Act to a person providing an independent health care service, that notice is to be treated for all purposes as if it had been given by HIS under section10R of the NHS Act, and any reference to section12 of the 2001 Act in that notice is to be treated as a reference to section10S of the NHS Act.
Cancellation notice
12
Where prior to the appointed day the Commission has proposed under section 12 of the 2001 Act to cancel the registration of an independent health care service, that proposal is to be treated for all purposes as if it had been made by HIS under section 10S of the NHS Act and as if any reference to a relevant offence or a relevant requirement in that section were to a relevant offence or relevant requirement as defined in section 12 of the 2001 Act.
Condition notices
13
Where prior to the appointed day, a person providing an independent health care service is given a condition notice by the Commission under section13 of the 2001 Act, that notice is to be treated for all purposes as if it had been given by HIS under section10U of the NHS Act.
Applications in respect of conditions
14
Where prior to the appointed day a person providing an independent healthcare service registered in accordance with Part1 of the 2001 Act has applied to the Commission in accordance with section14 of the 2001 Act for the variation or removal of a condition in force in relation to the registration, or for cancellation of the registration, and that application has not been granted or refused prior to the appointed day, that application is to be treated for all purposes as if it were an application made to HIS under section10Y of the NHS Act by a person providing a independent healthcare service registered under section 10P of that Act.
Section10A to 10Z19 was inserted by section108 of the 2010 Act.
Art. 12 in force at 1.4.2011, see art. 1(1)Art. 10(1) excluded (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions (No. 2) Order 2011 (S.S.I. 2011/169), arts. 1(1), 2(3)Art. 10 in force at 1.4.2011, see art. 1(1)Art. 11 in force at 1.4.2011, see art. 1(1)Art. 13 in force at 1.4.2011, see art. 1(1)Art. 14 in force at 1.4.2011, see art. 1(1)