The Regulation of Care (Scotland) Act 2001 (Commencement No. 5 and Transitional Provisions) Order 2004

Transitional provisions

3.—(1) Subject to paragraph (2), where, immediately before 1st April 2004, a person provided a service to which this article applies and continues to provide it on and after the date, the service shall be treated, on and after that date, for all purposes as if it had been registered under Part 1, or as the case may be, Part 2, of the Act on that date.

(2) Paragraph (1) shall cease to apply–

(a) where the person providing the service has before 1st October 2004 made an application for registration of the service under section 7(1), or as the case may be, section 33(1)(a) or (b) of the Act, on 1st April 2005; or

(b) in any other case, on 1st October 2004.

(3) This article applies to the following services which fall within the definition of a care service on 1st April 2004–

(a) an adoption service mentioned in subsection (11)(a) of section 2 of the Act;

(b) an adoption service mentioned in subsection (11)(b) of that section which is provided by a body which was, immediately before 1st April 2004, an approved adoption society;

(c) a fostering service;

(d) an offender accommodation service, other than one to which article 4(8) of the 2002 Order applies.