- Scottish Statutory Instrument 2002 No. 161
The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2002
© Crown Copyright 2002
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2002, ISBN 0 11061365 1. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 26th March 2002 | ||
| Coming into force | 1st April 2002 |
The Scottish Ministers, in exercise of the powers conferred by section 44(1)(b) and (2) of the Civic Government (Scotland) Act 1982[1] and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has been laid before and approved by a resolution of the Scottish Parliament:
Citation and commencement
1. This Order may be cited as the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2002 and shall come into force on 1st April 2002.
Amendment of principal Order
2. The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000[2] is amended as follows.
3. In article 2(1)-
-
(a) after the definition of "the 1991 Order" there is inserted-
-
""foster child" means a child for whom a local authority is providing accommodation under section 25 of the Children (Scotland) Act 1995[3] by placing him or her with a family, relative or other suitable person in accordance with section 26(1)(a) of that Act;"; and
-
(b) the definition of "self-governing school" is omitted.
4.
In article 2(2)-
-
(a) for sub-paragraph (a) there is substituted-
-
"
(a) which is provided as part of-
-
(i) a care home service;
(ii) an independent health care service;
(iii) a school care accommodation service; or
(iv) a secure accommodation service,
registered under the Regulation of Care (Scotland) Act 2001[4];"; and
(b) sub-paragraph (b) is omitted.
5.
After article 2(5)(iii) there is inserted-
-
"
(iv) the foster child of a person shall be treated as that person's child;
(v) a person brought up or treated by another person as if the person were the child of the other person is to be treated as that person's child.".
MARGARET CURRAN
A member of the Scottish Executive
St Andrew's House, Edinburgh
26th March 2002
(This note is not part of the Order)
This Order makes amendments to the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 ("the 2000 Order").
Articles 3 and 5 make amendments that relate to foster and other children. Article 3 inserts a definition of "foster child". Article 5 adds foster children and those brought up or treated as someone's child to the list of persons who are treated as being members of the same family for the purposes of the 2000 Order.
Article 4 makes amendments to article 2(2) of the 2000 Order which lists houses that are exempt from the licensing requirements. Other than a "secure accommodation service" (which is an addition to the 2000 Order exemptions), these amendments largely update terminology and statutory references that have now been superseded by the Regulation of Care (Scotland) Act 2001.
Notes:
[1] 1982 c.45. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
ISBN 0 11061365 1