2011 No. 169
The Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions (No. 2) Order 2011
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 132 and 133(1)(c) of the Public Services Reform (Scotland) Act 20101 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions (No. 2) Order 2011 and comes into force on 1st April 2011.
2
In this Order—
“the 2001 Act” means the Regulation of Care (Scotland) Act 20012;
“the 2010 Act” means the Public Services Reform (Scotland) Act 2010;
“the NHS Act” means the National Health Service (Scotland) Act 19783;
“care service” has the meaning given by section 47(1) of the 2010 Act;
“independent health care service” has the meaning given by section 10F of the NHS Act4.
Appeal proceeds – savings provision2
1
Where—
a
a person has been given notice by the Commission under section 17(3) of the 2001 Act of the Commission’s decision to implement a proposal in relation to a condition notice5 or a notice under section 15 of that Act in respect of a care service or independent health care service;
b
that person has raised an appeal in respect of that decision under section 20 of the 2001 Act; and
c
that appeal has not been finally determined before 1st April 2011,
Part 1 of the 2001 Act will continue to apply for the purposes of the care service or independent health care service which is the subject of those appeal proceedings until the final determination of those proceedings.
2
Article 2(1) of the first Savings and Transitional Order does not apply to any care service to which paragraph (1) applies.
3
Article 10(1) of the first Savings and Transitional Order does not apply to any independent health care service to which paragraph (1) applies.
Deemed registration of service – transitional provision3
Where the final determination of an appeal under section 20 of the 2001 Act is that the registration of a care service or an independent health care service is not cancelled, then either—
a
where 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; or
b
where 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.
(This note is not part of the Order)