The Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001

Taking of steps during the second transitional period

10.—(1) Not less than 14 days before—

(a) refusing an application for registration made under section 71;

(b) cancelling a registration under paragraph 9;

(c) imposing, removing or varying any requirement under paragraph 7(5);

(d) refusing to grant any application for the variation or removal of any such requirement,

the authority concerned shall send to the applicant, or, as the case may be, the registered person, notice in writing of their intention to take the step in question (“the step”).

(2) Every such notice shall—

(a) give the authority’s reasons for proposing to take the step; and

(b) inform the person concerned of his rights under paragraph 24.

(3) Where the recipient of such notice informs the authority in writing of his desire to object to the step being taken, the authority shall afford him an opportunity to do so.

(4) Any objection made under sub-paragraph (3) may be made in person or by a representative.

(5) If an authority, after giving the person concerned an opportunity to object to the step being taken, decide nevertheless to take it, they shall send him written notice of their decision.

(6) A step of a kind mentioned in sub-paragraph (1)(b) or (c) shall not take effect before the expiry of the time within which an appeal may be brought under paragraph 24 or, where such an appeal is brought, before its determination.

(7) Sub-paragraph (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under paragraph 24 if the person concerned notifies the authority in writing that he does not intend to appeal.