The Scottish Ministers, in exercise of the powers conferred by sections 4(3), 7(2)(a), 14(3) and 33(2) of the Regulation of Care (Scotland) Act 2001[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and interpretation 1. - (1) This Order may be cited as the Regulation of Care (Applications and Provision of Advice) (Scotland) Order 2002 and shall come into force on 1st April 2002. (2) In this Order-
(3) In this Order, references to employing a person include employing a person whether or not for payment and whether under a contract of service, a contract for services or otherwise than under a contract, and allowing a person to work as a volunteer; and references to employment, to an employee or to a person being employed shall be construed accordingly.
(b) a statement that the local authority have determined that they must provide the service in order to fulfil a statutory duty; and (c) a statement of the reasons for that determination (including identification of the statutory provisions which in the opinion of the local authority give rise to that duty).
Variation or removal of conditions
(b) the reason or reasons for making the application; and (c) any changes which the person providing the service proposes to make in relation to the care service as a consequence of the proposed variation or removal.
(2) Except where the Commission has agreed in writing that an earlier date may be specified, the date referred to in paragraph (1)(a) shall be not less than three months after the date on which the application is made.
(b) the reason or reasons for making the application; (c) any arrangements made by the provider with the aim of ensuring that persons using the service will continue to receive a similar service (including, where appropriate, accommodation) from the provider or another person; (d) whether notice of the application has been given to any of the persons to whom paragraph (2) applies and the form and terms of any such notice; and (e) where notice has not been given to any of the persons to whom paragraph (2) applies, whether there were any circumstances which made it impracticable for the person providing the service to give such notice.
(2) The persons to whom this paragraph applies are-
(b) any person appearing to be a representative or relative of the person using the service; and (c) any local authority or health body.
(3) Except where the Commission has agreed in writing that an earlier date may be specified, the date referred to in paragraph (1)(a) shall be not less than three months after the date on which the application is made. 1. The full name, and the address and telephone number and any facsimile number and electronic mail address, of the applicant. 2. If the applicant is not an individual-
(b) the address, telephone number, and any facsimile number of the applicant's principal office and (where it has one) registered office; (c) the full name, and the address and telephone number and any facsimile number and electronic mail address, of any person to whom the applicant wishes enquiries concerning the care service to be addressed; and (d) the full name, date of birth, address and telephone number of every person who is or purports to act in the capacity of a person who is-
(ii) where the applicant is a firm, a partner in the firm; or (iii) where the applicant is an unincorporated association other than a firm, concerned in the management or control of the association,
and in each case whether registration of any care service provided by such a person, or in respect of an activity specified in paragraph 20(a) in which the person has engaged, has ever been cancelled other than at that person's request.
3.
Where the applicant is not the person who is to manage the care service, the full name, address and telephone number, and any facsimile number and electronic mail address, of the person who is to manage the service
(b) their sex; (c) the maximum number of such persons; and (d) if those persons are to be selected by reference to criteria other than age or sex, those criteria.
10.
A statement of the way in which, having regard to the needs of persons using the care service, sufficient suitably qualified and competent employees are to be obtained.
(b) duties and responsibilities; (c) age and sex; (d) whether employed on a full-time or part-time basis, and, if part-time, the number of hours; (e) qualifications, skills and experience; and (f) details of any registration which the person is required by any enactment to hold in order to perform the duties for which the person is to be employed in the care service.
12.
Proposed ratios of employees to service users during the day and at night.
(b) where available, annual accounts for any part of the three year period preceding the date of application during which the care service was in operation.
16.
Where the applicant is an individual-
(b) each address occupied by the applicant in the ten year period preceding the application and the length of time at each such address.
17.
A statement that the applicant is (or as the case may be is not) the owner of the care service.
(ii) carried on a nursing home within the meaning of the Nursing Homes Registration (Scotland) Act 1938[3]; (iii) carried on an agency for the supply of nurses within the meaning of the Nurses (Scotland) Act 1951[4]; (iv) carried on an establishment within the meaning of the Social Work (Scotland) Act 1968[5]; (v) acted as a child minder or provided day care for children within the meaning of section 71 of the Children Act 1989[6]; or (vi) been granted approval under section 3 of the Adoption (Scotland) Act 1978[7],
or has engaged in a similar activity under legislation of similar effect in force in England, Wales or Northern Ireland;
21.
A statement whether any registration relating-
(b) to the applicant in respect of an activity specified in paragraph 20(a),
22.
Where the applicant is an individual, the name and address of two persons who are able to provide a reference as to the applicant's good character and competence to provide a care service of the kind which the applicant proposes to provide-
(b) where the applicant has been employed by any person for any period greater than three months in the five years preceding the date of the application, one of whom shall be such a person; and (c) at least one of whom shall be a person who is in a class which is specified by the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001[8].
23.
Where the applicant is an individual and is the person who is to manage the care service, a declaration of opinion by the applicant that the applicant is physically and mentally fit to manage the service.
(b) details of any arrangements for any supply of blood and blood products; (c) details of any arrangements for any provision of pathology and radiology services; (d) details of any services which are to be provided to children; and (e) where the independent health care service is an independent hospital, details of any arrangements for the attendance at all times of a registered medical practitioner.
33.
Where the care service is provided by the managers of an independent school within the meaning of the Education (Scotland) Act 1980[9], confirmation that the school has been registered with the Registrar of Independent Schools in terms of section 98 or that an application for such registration has been lodged.
|
| © Crown copyright 2002 | Prepared 11 April 2002 |