Scottish Statutory Instruments
SOCIAL CARE
Made
3rd December 2003
The Scottish Ministers, in exercise of the powers conferred by sections 81(2) and (3) of the Regulation of Care (Scotland) Act 2001(1), hereby make the following Order:
1. This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Commencement No. 4) Order 2003.
2. In this Order–
“the Act” means the Regulation of Care (Scotland) Act 2001.
3.—(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 ROBSON
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
3rd December 2003
(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 |