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REGULATION OF CARE (SCOTLAND) ACT 2001 REGULATION OF CARE AT HOME
CONSULTATION ON ASSOCIATED SUBORDINATE LEGISLATION

APPENDIX E

SCOTTISH STATUTORY INSTRUMENTS

2003 No. 152
SOCIAL CARE

The Regulation of Care (Fees) (Scotland) Order 2003

The Scottish Ministers, in exercise of the powers conferred by section 24(1) of the Regulation of Care (Scotland) Act 2001( 1), and of all other powers enabling them in that behalf, after consulting such persons or groups of persons as they consider appropriate in accordance with that section, hereby make the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Regulation of Care (Fees) (Scotland) Order 2003 and shall come into force on 1st April 2003.

(2) In this Order-

"the Act" means the Regulation of Care (Scotland) Act 2001;

"medium housing support service" means a housing support service which employs more than three whole-time equivalent persons but does not employ more than fifteen whole-time equivalent persons to provide and manage the service;

"other day care of children" means day care of children which is not small day care of children;

"other support service" means a support service which is not a small support service;

"other housing support service" means a housing support service which is neither a small housing support service nor a medium housing support service;

"other child care agency means a child care agency which is not a small child care agency;

"other limited registration service" means a limited registration service which is not a small limited registration;

"small day care of children" means day care of children which does not employ more than three whole-time equivalent persons to provide and manage the service;

"small support service" means a support service which does not employ more than three whole-time equivalent persons to provide and manage the service;

"small housing support service" means a housing support service which does not employ more than three whole-time equivalent persons to provide and manage the service;

"small child care agency" means a child care agency which does not employ more than three whole-time equivalent persons to provide and manage the service;

"small limited registration service" means a limited registration service which does not employ more than three whole-time equivalent persons to provide and manage the service; and

where a fee is expressed to be payable "per place", the total fee payable in respect of a particular care service shall be the sum shown multiplied by the maximum number of persons to whom the care service may be provided in accordance with any condition for the time being in force in relation to registration of that care service under the Act.

(3) In this Order, references to employing a person include employing a person who works under a contract of service or a contract for services.

Maximum fees

2. For each of the services listed in column 1 of the Schedule, the maximum fee which may be imposed by the Commission in respect of-

(a) any application for registration under Part 1 or Part 2 of the Act is that shown in column 2 of the Schedule;

(b) the annual continuation of such registration is that shown in column 3 of the Schedule;

(c) any application made for the variation or removal of a condition for the time being in force in relation to any such registration is that shown in column 4 of the Schedule; and

(d) any application for cancellation of any such registration is that shown in column 5 of the Schedule.

Fees for new certificates

3. For each of the services listed in column 1 of the Schedule, the maximum fee which may be imposed by the Commission in respect of issuing a new certificate of registration under section 24(2)(d) of the Act is 72.

Revocation

4. The Regulation of Care (Fees) (Scotland) Order 2002 is hereby revoked( 2).

FRANCIS McAVEETY
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh

6 ^th March 2003

Regulation 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes the maximum fees which may be imposed by the Scottish Commission for the Regulation of Care in respect of applications for registration or for cancellation of registration of a care service, the annual continuation of any such registration, and applications for variation or removal of a condition of registration under the Regulation of Care (Scotland) Act 2001. It also prescribes the maximum fee for registration or for cancellation of registration of a limited registration service; the annual continuation of any such registration, and applications for variation or removal of a condition of registration.

It also prescribes the maximum fee for issuing a new certificate of registration.

The maximum fees are set out in the Schedule.

This Order revokes the Regulation of Care (Fees) (Scotland) Order 2002.

Notes:

[1] 2001 asp 8. See section 77 for the definition of "prescribed".

[2] S.S.I. 2002/112

ISBN 0 11062251 0

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