PART 1 continued
(9) Regulations may make provision—
(a) requiring the approval of the Scottish Ministers for the provision and use of accommodation for the purpose of restricting the liberty of children in residential premises where care services are provided; and
(b) imposing other requirements as to the placing of a child in accommodation provided for the purpose mentioned in paragraph (a) above, including a requirement to obtain the permission of any local authority who are looking after the child (“looking after” being construed in accordance with section 17(6) of the Children (Scotland) Act 1995 (c. 36)).
(10) Regulations under any of subsections (1), (2), (7) and (9) above may make it an offence to contravene or fail to comply with—
(a) any specified provision of the regulations; or
(b) a condition of registration for the time being in force.
(11) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) Before the Scottish Ministers make regulations under any of subsections (1), (2), (7) and (9) above, they shall consult such persons, or groups of persons, as they consider appropriate.
(13) Regulations under any of subsections (1), (2), (7) and (9) above may make different provision for different purposes.
(1) The Scottish Ministers shall by order make a scheme for the transfer to the Commission of persons who are employed, under a contract of employment with a local authority or Health Board, on work which would have continued but for the provisions of this Part.
(2) Such a scheme may apply to all, or any description of, such employees or to any individual such employee.
(3) Such a scheme may be made only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under it.
(4) The contract of employment of an employee transferred under such a scheme—
(a) is not terminated by the transfer; and
(b) has effect from the date of transfer as if originally made between the employee and the Commission.
(5) Without prejudice to the generality of subsection (4) above, where an employee is transferred under such a scheme—
(a) all the rights, powers, duties and liabilities of the transferor under or in connection with the employee’s contract of employment are by virtue of this subsection transferred to the Commission on the date of transfer; and
(b) anything done before that date by, or in relation to, the transferor in respect of that contract or the employee is to be treated from that date as having been done by, or in relation to, the Commission.
(6) Subsections (4) and (5) above do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if the employee objects to the transfer and so informs the transferor or the Commission.
(7) Where an employee objects as mentioned in subsection (6) above, the contract of employment with the transferor is terminated immediately before the date of transfer; but the employee is not to be treated, for any purposes, as having been dismissed by the transferor.
(8) This section does not prejudice any right of an employee to terminate the contract of employment if a substantial detrimental change in the employee’s working conditions is made; but no right to terminate that contract arises by reason only that, by virtue of this section, the identity of the employer changes unless it is shown that, in all the circumstances, the change is both—
(a) significant; and
(b) detrimental,
to the employee.
(9) In this section—
“date of transfer” means the date of transfer determined under the scheme in relation to the employee;
“Health Board” means a Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29); and
“transferor” means the local authority, or as the case may be the Health Board, from whom the employee is or would be transferred under the scheme.
Where, in the performance of their functions—
(a) a local authority; or
(b) a health body,
make arrangements with any person for that person to provide a care service, they shall ensure that the service, when provided, is registered under this Part.
(1) In this Part and Part 2 of this Act, any reference to a notice being given to a person providing, or seeking to provide, a care service shall be construed as a reference to its being—
(a) delivered, where the person is—
(i) an individual, to that individual;
(ii) a body corporate, to the secretary or clerk of that body; or
(iii) a firm, to a partner of that firm; or
(b) sent by post, properly addressed to the person, in a registered letter or by the recorded delivery service,
but a notice sent by post shall be deemed not given until the third day after the day of posting.
(2) For the purposes of subsection (1) above, a letter is properly addressed to—
(a) a body corporate, if addressed to the body at its registered or principal office;
(b) a firm, if addressed to the firm at its principal office; or
(c) any other person, if addressed to the person at the address last known.