2003 No. 596 (C. 32)

SOCIAL CARE

The Regulation of Care (Scotland) Act 2001 (Commencement No. 4) Order 2003

Made

The Scottish Ministers, in exercise of the powers conferred by sections 81(2) and (3) of the Regulation of Care (Scotland) Act 20011, hereby make the following Order:

Citation1

This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Commencement No. 4) Order 2003.

Interpretation2

In this Order–

  • “the Act” means the Regulation of Care (Scotland) Act 2001.

Commencement of provisions3

1

Sections 73(1)(a), 73(2), 73(3) and 73(4) of the Act shall come into force on 5th December 2003.

2

Section 73(1)(b) of the Act shall come into force on 1st April 2004.

EUAN M ROBSONAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order brings into force certain provisions of the Regulation of Care (Scotland) Act 2001 (“the Act”).

Article 3 provides that sections 73(1)(a), 73(2), 73(3) and 73(4) of the Act shall come into force on 5th December 2003, and 73(1)(b) of the Act on 1st April 2004. Section 73(1(b), which amends section 29 of the Children (Scotland) Act 1995, obliges local authorities to formally assess the needs of persons formerly looked after by them, and to establish representation and complaints procedures for persons provided with after-care under section 29 of the 1995 Act. Section 73(2) empowers Scottish Ministers to make regulations in relation to these areas.

(This note is not part of the Order)

1

The following provisions of the Act have been brought into force by the Regulation of Care (Scotland) Act 2001 (Commencement No. 1) Order 2001 (S.S.I. 2001/304):–

Provision

Date of commencement

Sections 5(1) and (2), 6, 24(1), 29, 30, 53 to 55, 63 to 65, 67, 71, 79 (partially), 80(3) and (4), and paragraphs 20 and 23(7) of schedule 3

1st October 2001

Section 70

20th December 2001

2

The following provisions of the Act have been brought into force by the Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2001 (S.S.I. 2002/162):–

Provision

Date of commencement

Section 2 subsections (1)(a) to (h), (l) and (m) (2) to (4), 5(a) and (b), (6), (9), (17) to (26) and (28)

1st April 2002

Section 2(5)(c) (partially)

Section 2(7) (partially)

Section 2(10) (partially)

Sections 3, 5(3), 7, 9 to 23, 24(2) and (3), 25 to 27, 31, 32, 33(1)(c) and (2) to (4), 34 to 42, 44 to 51 and 72

Section 79 (partially)

Section 80(i) (partially)

Paragraphs 1 to 3, 4(1) and (3), 5, 6, 7(11))(b), 8 to 19, 21, 23(1) to (6) and 25 of Schedule 3

Schedule 4 (partially)

3

The following provisions of the Act have been brought into force by the Regulation of Care (Scotland) Act 2001 (Commencement No. 3 and Transitional Provisions) Order 2003 (S.S.I. 2003/205):–

Provision

Date of commencement

Section 2 subsections (1)(n), (8) and (27)

1st April 2003

Section 2(7) (so far as not already in force)

Section 8