Davies & Anor v. The Scottish Commission For The Regulation Of Care [2011] ScotSC 22 (9 May 2011)

Davies & Anor v. The Scottish Commission For The Regulation Of Care [2011] ScotSC 22 (9 May 2011)

The Scottish Commission for the Regulation of Care has been dissolved by section 52 of the Public Services Reform (Scotland) Act 2010, and its staff, property, and liabilities transferred to SCSWIS. There is no clear transitional provision allowing the Commission to continue to exist for the purposes of ongoing appeals or for its decisions to be adopted by SCSWIS. Therefore, the Commission cannot be represented or oppose these appeals, and its decisions to cancel the registration of the nursery are nullities and have no effect. The court accordingly directs that these decisions shall not have effect and removes the condition imposed on the first pursuer.

Citation
[2011] ScotSC 22
Parties
Pursuer and Appellant: Mrs Sheila Davies; Pursuer and Appellant: Mrs Maureen Mowat; Defender and Respondent: The Scottish Commission for the Regulation of Care
Jurisdiction
Scotland
Judgment Date
09 May 2011
Procedural Posture
Appeal (summary Application) / Judgment on Preliminary Point Regarding Legal Standing and Effect of Commission's Decision
Outcome
Appeal allowed; decisions of the Commission declared nullities; condition imposed on first pursuer removed.
Legal Topics
Dissolution of Statutory Bodies, Transitional Provisions, Registration and Regulation of Care Services, Appeals Against Regulatory Decisions
Administrative Law Regulatory Law Public Law Dissolution of Statutory Bodies Transitional Provisions Registration and Regulation of Care Services Appeals Against Regulatory Decisions

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Parties

Mrs Sheila Davies

Pursuer and Appellant

Mrs Maureen Mowat

Pursuer and Appellant

The Scottish Commission for the Regulation of Care

Defender and Respondent

Procedural Posture

Appeal (summary Application) / Judgment on Preliminary Point Regarding Legal Standing and Effect of Commission's Decision

Legal Issues

  1. 1 Whether the Scottish Commission for the Regulation of Care, having been dissolved, could continue to participate in or be represented in ongoing appeal proceedings
  2. 2 Whether decisions made by the dissolved Commission to cancel registration of a care service have any legal effect
  3. 3 Whether SCSWIS has title or interest to enter the proceedings or adopt the Commission's decisions

Ratio Decidendi

The Scottish Commission for the Regulation of Care has been dissolved by section 52 of the Public Services Reform (Scotland) Act 2010, and its staff, property, and liabilities transferred to SCSWIS. There is no clear transitional provision allowing the Commission to continue to exist for the purposes of ongoing appeals or for its decisions to be adopted by SCSWIS. Therefore, the Commission cannot be represented or oppose these appeals, and its decisions to cancel the registration of the nursery are nullities and have no effect. The court accordingly directs that these decisions shall not have effect and removes the condition imposed on the first pursuer.

Court Disposition

Appeal allowed; decisions of the Commission declared nullities; condition imposed on first pursuer removed.

Orders

  • Declared that the Scottish Commission for the Regulation of Care no longer exists and SCSWIS has no title or interest to enter the proceedings.
  • Declared that the Commission's decisions to cancel registration are nullities and shall not have effect.