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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 98

SOCIAL CARE

The Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2005

  Made 1st March 2005 
  Laid before the Scottish Parliament 2nd March 2005 
  Coming into force 1st April 2005 

The Scottish Ministers in exercise of the powers conferred on them by section 80(2) of the Regulation of Care (Scotland) Act 2001[1], after consulting with 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 (Scotland) Act 2001 (Transitional Provisions) Order 2005 and shall come into force on 1st April 2005.

    (2) In this Order "the Act" means the Regulation of Care (Scotland) Act 2001.

Transitional provisions
    
2.  - (1) Where immediately before 1st April 2005 a person was providing a school care accommodation service to which this article applies, and continues to provide that service on that date, the service shall be treated for all purposes as if it had been registered under Part 1 of the Act on that date.

    (2) Subject to paragraph (3), the service ceases to be treated as registered by virtue of paragraph (1)-

    (3) The service ceases to be treated as registered by virtue of paragraph (1) before 30th September 2006 or 31st December 2005 as mentioned in paragraph 2(a) or (b) on whichever of following first occurs-

    (4) This article applies to a school care accommodation service which provides residential accommodation where it is-


RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
1stMarch 2005



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes transitional provisions. Persons providing a school care accommodation service mentioned in article 2(3) on 1st April 2005 are deemed to have registered the service under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8) ("the Act").

Article 2(2) provides that deemed registration will cease in the following circumstances-


Notes:

[1] 2001 asp 8.back

[2] 1980 c.44. "Special school" is defined in section 135(1) of that Act which was relevantly amended by the Education (Scotland) Act 1981 (c.58), Schedule 2, Part I, paragraph 4.back



ISBN 0 11 069439 2


 © Crown copyright 2005

Prepared 9 March 2005


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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050098.html