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The Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2002
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Deemed registration of certain services
3.—(1) Where on the commencement date a person provides a care service to which any of the paragraphs of article 4 applies, that care service is to be treated for all purposes as if it had been registered under Part 1 of the Act on that date.
(2) Where a local authority to which paragraph (1) applies makes an application under section 33 of the Act (local authority applications for registration under Part 2)–
(a)section 21 of the Act (offences in relation to registration under Part 1) shall not apply until the application is determined; and
(b)registration under Part 1 of the Act shall cease where the Commission grants the application.
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