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

Powers of court in relation to the protection of children

14.—(1) The provisions of this paragraph shall apply throughout the second transitional period.

(2) For the purposes of this paragraph, references to registration are to registration that is continued pursuant to paragraph 3 or that has been granted by a local authority pursuant to paragraph 7, and “registered person” shall be construed accordingly.

(3) If—

(a) a local authority apply to the court(1) for an order—

(i) cancelling a registered person’s registration;

(ii) varying any requirement imposed on a registered person under section 72 or 73 or under paragraph 7; or

(iii) removing a requirement or imposing an additional requirement on such a person; and

(b) it appears to the court that a child who is being, or may be, looked after by that person, or, as the case may be, in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm

the court may make the order.

(4) Paragraph 24(4) has effect in relation to applications made under sub-paragraph (3).

(5) Any cancellation, variation, removal or imposition shall have effect from the date on which the order is made.

(6) An application under sub-paragraph (3) may be made without notice.

(7) An order under sub-paragraph (3) shall be made in writing.

(8) Where an order is made under this paragraph, the local authority shall serve on the registered person as soon as is reasonably practicable after the making of the Order—

(a) a copy of the order;

(b) a copy of any written statement of the authority’s reasons for making the application for the order which supported that application; and

(c) notice of any right of appeal conferred by paragraph 24.

(1)

For an explanation of the meaning of “the court”, see the footnote to paragraph 24(2), below.