The Registered Establishments (Fees) (Scotland) Order 1995

Statutory Instruments

1995 No. 749 (S.69)

RESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND

The Registered Establishments (Fees) (Scotland) Order 1995

Made

9th March 1995

Coming into force

1st April 1995

The Secretary of State, in exercise of the powers conferred on him by sections 64A(3), 90(3) and 94(1) of the Social Work (Scotland) Act 1968(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Registered Establishments (Fees) (Scotland) Order 1995 and shall come into force on 1st April 1995.

Interpretation

2.  In this Order, “the Act” means the Social Work (Scotland) Act 1968.

Maximum level of fees

3.  The maximum fees which may be imposed by local authorities in respect of the matters specified in section 64A(1) of the Act shall be as follows:—

(a) for an application for registration	£1,350
(b) for annual continuation of registration, a fee determined by reference to the maximum number of persons specified in the certificate of registration	£40 per person
(c) for an application by the person registered for variation of conditions of registration	£318
(d) for issuing a new certificate of registration following a change in information	£15

Times at which fees are to be charged

4.  The fees referred to in the preceding article shall be payable at the following times:—

(a) for an application for registration, on application for registration;

(b) for annual continuation of a registration—

(i) in respect of establishments registered after 17th October 1988 (the date of the coming into force of section 64A of the Act(2)), on the anniversary of first registration and annually thereafter, and

(ii) in respect of establishments already registered prior to 17th October 1988, on 17th October in each year;

(c) for an application by the person registered for variation of conditions, on application for the variation; and

(d) for issuing a new certificate of registration following a change in information, on the issue of the certificate.

Revocation

5.  The Registered Establishments (Fees) (Scotland) Order 1993(3) is hereby revoked.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

9th March 1995

Explanatory Note

(This note is not part of the Order)

This Order revokes the Registered Establishments (Fees) (Scotland) Order 1993 and re-enacts its provisions with amendments. The amendments increase by approximately 10% as from 1st April 1995 the maximum levels for the fees chargeable by local authorities to applicants for registration, annual continuation of a registration, variation of conditions of registration, and for issuing a new certificate of registration under Part IV of the Social Work (Scotland) Act 1968. The provisions as to times at which fees are to be charged are re-enacted without amendment.

(1)

1968 c. 49; section 64A was inserted by section 6(1) of the Registered Establishments (Scotland) Act 1987 (c. 40); section 94(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which this Order is made; that definition was inserted by the Children and Young Persons Act 1969 (c. 54), Schedule 5, paragraph 64(1), and was relevantly amended by the Registered Establishments (Scotland) Act 1987, section 6(2).

(2)

Commencement order dated 26th September 1988.

(3)

S.I. 1993/768.