The Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2002

Proposals under the 1951 Act

10.—(1) This article applies where–

(a)a person provides a nurse agency to which article 4(5) applies;

(b)the Health Board from which the person immediately before the commencement date held a licence under section 28 of the 1951 Act has before that date proposed to revoke that licence; and

(c)before that date either–

(i)the person has appealed to the sheriff as provided for in section 28(4) of the 1951 Act but that appeal has not been determined; or

(ii)the period of 21 days referred to in that subsection has not expired.

(2) Where this article applies–

(a)the 1951 Act shall continue in force for the purpose of determining whether the licence is to be revoked; and

(b)where the licence is so revoked, registration of the nurse agency under the Act by virtue of this Order shall cease to have effect.