The Registration of Establishments (Appeal Tribunal) (Scotland) Amendment Rules 1988

Statutory Instruments

1988 No. 1672 (S.160)

RESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND

The Registration of Establishments (Appeal Tribunal) (Scotland) Amendment Rules 1988

Made

26th September 1988

Coming into force

17th October 1988

The Secretary of State, in exercise of the powers conferred on him by paragraph 6 of Schedule 5 to the Social Work (Scotland) Act 1968(1)and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals as required by section 10 of the Tribunals and Inquiries Act 1971(2), hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Registration of Establishments (Appeal Tribunal) (Scotland) Amendment Rules 1988 and shall come into force on 17th October 1988.

Interpretation

2.  In these Rules, “the principal Rules” means the Registration of Establishments (Appeal Tribunal) (Scotland) Rules 1983(3).

Amendments to the principal Rules

3.  In rule 2 of the principal Rules, for the definitions of “appeal” and “appellant” there shall be substituted the following definitions:—

““appeal” means an appeal under section 63A or 64 of the Act brought in accordance with section 63A(4) or section 64(5) of the Act(4);

“appellant” means a person aggrieved by, and who appeals against, a notice of a registration authority refusing an application for registration, cancelling any registration, or imposing conditions, or varying existing conditions in respect of any registration under Part IV of the Act;”.

Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

26th September 1988

Explanatory Note

(This note is not part of the Rules)

These Rules extend the definitions of “appeal” in the Registration of Establishments (Appeal Tribunal) (Scotland) Rules 1983 to include reference to the new provisions in section 63A of the Social Work (Scotland) Act 1968 (inserted by section 4 of the Registered Establishments (Scotland) Act 1987), and of “appellant” to include the new grounds for appeal with regard to the imposition or variation of conditions of registration.

(1)

1968 c. 49

(2)

1971 c. 62

(3)

S.I. 1983/71

(4)

Section 63A was inserted by section 4 of the Registered Establishments (Scotland) Act 1987 (c. 40)