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The Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions Order 2011
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Urgent cancellation proceedings
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18.—(1) Where prior to the appointed day the Commission has made a summary application to the sheriff for an order under section 18 of the 2001 Act, Part 1 of the 2001 Act continues to apply for the purposes of the service which is the subject of that application, until the final determination of that application.
(2) Where the registration of the service is not cancelled—
(a)if the service is a care service, it is to be treated for all purposes as if it had been registered under Part 5 of the 2010 Act;
(b)if the service is an independent health care service it is to be treated for all purposes as if it had been registered under section 10P of the NHS Act,
immediately following determination of the application.
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