Regulation of Care (Scotland) Act 2001

Children (Scotland) Act 1995 (c.36) S

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(a) sub-paragraph (ii), and the word “or" immediately preceding that sub-paragraph, are repealed; and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(b) the words “section 60(1)(bb) of the Social Work (Scotland) Act 1968 or under" are repealed.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

I1 Sch. 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)