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

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Enforcement notices during the first and second transitional periods

13.—(1) Where during the second transitional period, it appears to a local authority that a person has contravened section 79D(1), the authority may, if the condition of sub-paragraph (2) is satisfied, serve an enforcement notice on him.

(2) The condition is that no notice has been served on him by the registration authority in respect of the contravention.

(3) Where an enforcement notice is served pursuant to sub-paragraph (1), subsections (3), (4) and (7) of section 79D shall have effect as if the notice had been served pursuant to subsection (2) of that section.

(4) Not withstanding the coming into force of section 79(5) of the Act, an enforcement notice served by a local authority before the appointed day under section 78(4) shall continue in force until the expiry of the period calculated in accordance with section 78(5).

(5) Sub-paragraph (6) shall apply where, on or after the appointed day, a person in respect of whom an enforcement notice is in force by virtue of sub-paragraph (4) contravenes section 79D(1).

(6) The enforcement notice shall be treated for the purposes of section 79D(4) as if it was duly served by the registration authority in pursuance of section 79D(2).

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