The Public Services Reform (Scotland) Act 2010 (Health and Social Care) Savings and Transitional Provisions (No. 2) Order 2011

Type Scottish-Statutory-Instrument
Publication 2011-02-28
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
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Made: 28th February 2011

Laid before the Scottish Parliament: 1st March 2011

Coming into force: 1st April 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections132 and 133(1)(c) of the Public Services Reform (Scotland) Act 2010[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

Appeal proceeds – savings provision

2

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.

Deemed registration of service – transitional provision

3

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—

Signed

S ROBISON — Authorised to sign by the Scottish Ministers — 28th February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

S.S.I. 2011/121 already made various savings and transitional provisions in light of Public Services Reform (Scotland) Act 2010 relating to Social Care and Social Work Improvement Scotland (“SCSWIS”) and Healthcare Improvement Scotland (“HIS”).

This Order makes further provisions for SCSWIS and HIS and provides that where an appeal in respect of a care service or independent health care service is ongoing on the 1st April 2011, Part1 of the Regulation of Care (Scotland) Act 2001 shall continue in force for the purposes of the service which is the subject of the appeal. If following the conclusion of such an appeal the registration of a care service or independent health care service is not cancelled that service is deemed to be registered with SCSWIS or HIS.

Footnotes

[^f00001]: 2010 asp 8.

[^f00002]: 2001 asp 8.

[^f00003]: 1978 c. 29.

[^f00004]: Section 10F of the NHS Act was inserted by the 2010 Act, section 108.

[^f00005]: Section 13 of the 2001 Act gives a definition of “condition notice”.

[^f00006]: The Scottish Commission for the Regulation of Care was established by section1 of the Regulation of Care (Scotland) Act 2001 (asp8).

[^f00007]: S.S.I. 2011/121.

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