The Regulation of Care (Scotland) Act 2001 (Commencement No. 7 and Transitional Provisions) Order 2006

Transitional provisions

3.—(1) Subject to paragraphs (2) and (3), where immediately before 20th June 2006 a person was providing an adult placement service 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)–

(a) where the person providing the service has before 19th March 2007 made an application for registration of the service under section 7(1) of the Act (applications for registration), on 19th December 2007; or

(b) in any other case, on 19th March 2007.

(3) The service ceases to be treated as registered by virtue of paragraph (1) before 19th December 2007 or, as the case may be, 19th March 2007 as mentioned in paragraph 2(a) or (b) on whichever of the following first occurs–

(a) where an application for registration of the service is made and the Commission grants the application, the date on which it does so;

(b) where an application for registration of the service is made but the Commission decides to refuse the application and–

(i) no appeal is made under section 20(1) of the Act (appeal against decision to implement a proposal) against the decision, the fifteenth day after the day on which notice of the decision is given under section 17(3) of the Act (notice of decision to implement a proposal in relation to which it has given a person a condition notice or a notice under section 15 of the Act);

(ii) such an appeal is made timeously and the sheriff confirms the decision, the day on which the sheriff does so; or

(iii) such an appeal is made timeously but is abandoned, the day on which abandonment of the appeal is intimated to the sheriff clerk, or if abandonment is not so intimated the day on which the sheriff deems the appeal to have been abandoned;

(c) where the Commission decides (other than in accordance with an application under section 14(1)(b) of the Act (application for cancellation of the registration)) to cancel the registration of the service effected by virtue of paragraph (1) and–

(i) no appeal is made under section 20(1) of the Act against the decision, the fifteenth day after the day on which notice of the decision is given under section 17(3) of the Act;

(ii) such an appeal is made timeously and the sheriff confirms the decision, the day on which the sheriff does so; or

(iii) such an appeal is made timeously but is abandoned, the day on which abandonment of the appeal is intimated to the sheriff clerk, or if abandonment is not so intimated the day on which the sheriff deems the appeal to have been abandoned;

(d) where the sheriff grants an application by the Commission under section 18 of the Act (urgent procedures for cancellation of registration, etc.) for cancellation of the registration of the service effected by virtue of paragraph (1), the day on which the sheriff does so; or

(e) on the day on which the person ceases to provide the service.