Search Legislation

Coronavirus (Recovery and Reform) (Scotland) Act 2022

Status:

This is the original version (as it was originally enacted).

38Care services: giving of notices by SCSWIS

Explanatory NotesShow EN

(1)The Public Services Reform (Scotland) Act 2010 is modified as follows.

(2)For section 101 (giving of notice) substitute—

101Giving of notice

(1)In Chapters 3 and 4, any reference to a notice being given to a person providing, or seeking to provide, a care service is to be construed as a reference to its being—

(a)delivered, where the person is—

(i)an individual, to that individual,

(ii)a body corporate, to a director, secretary or other similar officer of that body or to a manager (or other similar officer) of the care service provided by that body,

(iii)a firm, to a partner of that firm,

(b)sent by post, properly addressed to the person—

(i)by a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or

(ii)by a postal service which provides for the delivery of the document to be recorded, or

(c)transmitted to the person electronically.

(2)In subsection (1)(a)(ii), “manager”, in relation to a care service provided by a body corporate, means the manager whose name is entered in the register maintained under regulation 5 of the Social Care and Social Work Improvement Scotland (Registration) Regulations 2011 (S.S.I. 2011/28) in relation to the care service.

(3)For the purpose of subsection (1)(b)—

(a) a letter is properly addressed to—

(i)a body corporate, if addressed to the body at its registered or principal office,

(ii)a firm, if addressed to the firm at its principal office,

(iii)any other person, if addressed to the person at the address last known,

(b)a notice sent by post is to be taken to have been received on the third day after the day of posting unless the contrary is shown.

(4)For the purpose of subsection (1)(c)—

(a)electronic transmission of a notice must be effected in a way that the person has indicated to SCSWIS that the person is willing to receive the notice,

(b)the person’s willingness to receive a notice in a particular way may be—

(i)specific to the notice in question or generally applicable to notices or other documents of that kind,

(ii)expressed specifically to SCSWIS or generally (for example on a website),

(iii)inferred from the person having previously been willing to receive notices or other documents from SCSWIS in that way and not having indicated an unwillingness to do so again,

(c)SCSWIS’ uploading of a notice to an electronic storage system from which the person is able to download the notice may constitute electronic transmission of the notice from SCSWIS to the person, where the person is sent a notification that the notice has been uploaded in that way,

(d)a notice transmitted electronically is to be taken to have been received on the day of transmission unless the contrary is shown..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources