19(1)The Children (Scotland) Act 1995 is amended as follows.
(2)In section 36(3) (persons who must notify local authority where child provided with residential accommodation)—
(a)sub-paragraph (ii), and the word “or" immediately preceding that sub-paragraph, are repealed; and
(b)after paragraph (c) there is added— “; and
(d)any person providing a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)).”.
(3)In section 38(1)(b) (short-term refuges for children at risk of harm)—
(a)for the words from “carries on" to “that Act)" there is substituted “ provides a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)) ”;
(b)for the words “that establishment" there is substituted “ the accommodaton in question ”; and
(c)for the word “establishment", where it occurs for the third, fourth, fifth and sixth times, there is in each case substituted “ accommodation ”.
(4)In section 93(1) (interpretation of Part II of that Act), in the definition of “secure accommodation"—
(a)after the word “approved" there is inserted “ by the Scottish Ministers in accordance with regulations made under section 29(9)(a) of the Regulation of Care (Scotland) Act 2001 (asp 8) or ”; and
(b)the words “section 60(1)(bb) of the Social Work (Scotland) Act 1968 or under" are repealed.
Commencement Information
I1Sch. 3 para. 19 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)