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REGULATION OF CARE (SCOTLAND) ACT 2001 REGULATION OF CARE AT HOME
CONSULTATION ON ASSOCIATED SUBORDINATE LEGISLATION
APPENDIX B
SCOTTISH STATUTORY INSTRUMENTS
2003 No.
SOCIAL CARE
The Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2003
The Scottish Ministers, in exercise of the powers conferred by section 80(2) of the Regulation of Care (Scotland) Act 2001(1), after consulting such persons or groups of persons as they consider appropriate in accordance with that section, hereby make the following Order:
Citation and interpretation
1.-(1) This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2003.
(2) In this Order "the Act" means the Regulation of Care (Scotland) Act 2001.
Transitional provisions
2.-(1) Where on [ ] 2003 a person is providing a support service to which this article applies the service shall be treated for all purposes as if it had been registered under Part 1 of the Act on that date.
(2) Paragraph 1 shall cease to apply-
(a) where the person providing the service has before 1st April 2004 made an application for registration of the service under section 7(1) of the Act, on [ ] 2004; or
(b) in any other case, on 1st April 2004.
(3) This article applies to a support service which provides personal care or personal support to a person ("the recipient") within the recipient's home, which is substantially the same as a service, activity or undertaking which was provided or carried on by that person immediately before that date.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2003
(
1) 2001 asp 8.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes transitional provisions. Persons providing the support services mentioned in Article 2(3) are deemed on 1st October 2003 to have registered that service under Part I of the Regulation of Care (Scotland) Act 2001 (asp 8). Article 2(2) provides the circumstances in which a service will cease to be deemed to be registered. Deemed registration is to last for six months or, where the provider has applied to the Care Commission for registration, for a further six months.
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