“CHAPTER 109CARE HOMES: EMERGENCY INTERVENTION ORDERS

Interpretation and application of this Chapter109.1.

(1)

In this Chapter—

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010 as modified by paragraph 17 (emergency intervention orders) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 20204;

“emergency intervention order” has the meaning given by section 65A(2) (care homes: emergency intervention orders) of the 2010 Act;

(2)

This Chapter applies in relation to applications made under section 65A of the 2010 Act.

Applications under section 65A of the 2010 Act109.2.

(1)

An application for an emergency intervention order under section 65A(1) of the 2010 Act must be made by petition.

(2)

An interim order under section 65A(3) of the 2010 Act must be sought by prayer in the petition for the emergency intervention order.

(3)

An application under section 65A(13) of the 2010 Act for variation, extension or revocation of an emergency intervention order must be made by note in the process for the emergency intervention order to which it relates.

(4)

An application under section 65A(14) of the 2010 Act for variation or recall of an interim order granted under section 65A(3) of that Act must be made by motion.”.