- Latest available (Revised)
- Point in Time (24/06/2013)
- Original (As enacted)
Version Superseded: 25/03/2020
Point in time view as at 24/06/2013. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Regulation of Care (Scotland) Act 2001, Section 57.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)With the consent of the Scottish Ministers, the Council may by rules make provision about the registration of persons under this Part and, in particular—
(a)as to the keeping of the register maintained by it;
(b)as to the documentary and other evidence to be produced by a person applying for—
(i)registration;
(ii)additional qualifications to be recorded; or
(iii)an entry in that register to be altered or restored; or
(c)subject to any rules made under section 49 of this Act, for a person’s registration to remain effective without limitation of time or—
(i)to lapse after such period, or in such a case; or
(ii)to be subject to renewal in such manner and at such time,
as the rules may provide.
(2)With the consent of the Scottish Ministers and subject to any regulations made under section 56(1)(b) of this Act, the Council may by rules make provision for the payment of reasonable fees to it in connection with the discharge of its functions; and without prejudice to that generality the rules may in particular make provision—
(a)for the payment of such fees in connection with—
(i)registration under this Part (including applications for registration or for amendment of the register maintained by it);
(ii)the approval by it, under this Part, of courses of education or training;
(iii)the provision of education or training; and
(iv)the provision of copies of codes published by it or copies of entries in, or of extracts from, that register; and
(b)requiring persons registered under this Part to pay a periodic fee to it of such amount, and at such time, as the rules may specify.
[F1(2A)Rules made by the Council under subsection (2) may not make provision for the payment of fees in connection with registration in the visiting European part of the register.]
(3)With the consent of the Scottish Ministers, the Council may by rules require persons registered in any part of the register maintained by it to attend a course of education or undertake further training and may in particular make provision with respect to persons who fail to comply with any requirement of such rules, including provision for their registration to cease or be suspended.
(4)Before making, or varying, any rules by virtue of subsection (3) above, the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.
(5)With the consent of the Scottish Ministers, the Council may by rules make provision—
(a)about the content of, and methods of completing, courses approved by it under section 54(1) of this Act;
(b)as to the lapse, renewal and withdrawal of such approvals;
(c)as to the provision to the Council of information about such courses;
(d)as to the persons who may participate in such courses, or in such parts of those courses as are specified in the rules;
(e)as to the number of persons who may participate in such courses or parts of courses; and
(f)for the award by the Council of certificates of the successful completion of such courses.
(6)With the consent of the Scottish Ministers, the Council may by rules make provision for the visiting of places at which or institutions by which or under whose direction—
(a)any relevant course (or part of such course) is, or is proposed to be, given; or
(b)any examination is, or is proposed to be, held in connection with any such course.
(7)Without prejudice to the generality of subsection (6) above, rules under that subsection may make provision for—
(a)the appointment of visitors; and
(b)reports to be made by visitors on—
(i)the nature and quality of the instruction given, or to be given; and
(ii)the facilities provided, or to be provided,
at the place, or by the institution, visited.
(8)In subsection (6)(a) above, “relevant course” means—
(a)any course for which approval by the Council has been given, or is being sought, under section 54(1) of this Act; or
(b)any course of education or further training provided for persons registered in any part of the register maintained by the Council.
(9)The power of the Council to make rules under this Part may be exercised—
(a)in relation to—
(i)all cases to which the power extends;
(ii)all except such cases as are specified in the rules; or
(iii)any specified cases or class of case; and
(b)so as to make, as respects the cases in relation to which it is exercised—
(i)the same provision for all;
(ii)different provision for different cases or classes of case; or
(iii)as respects the same case or class of case, different provision for different purposes.
(10)Before making, or varying, any rules by virtue of any of subsections (1), (2), (5) and (6) above, the Council shall consult such persons, or groups of persons, as it considers appropriate.
Textual Amendments
F1S. 57(2A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 264
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: