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

Powers and duties of the local authority in relation to registration during the second transitional period

7.—(1) Where an application for registration under section 71 was made before the appointed day but had been neither granted nor refused by that date, the local authority shall, having regard where appropriate to sub-paragraphs (3) and (4) of paragraph 6, proceed to a decision with respect to that application as if Part X and Schedule 9 (modified in accordance with sub-paragraph (2)) continued to extend to England.

(2) For the purposes of sub-paragraph (1), the modifications are, in paragraph 2 of Schedule 9—

(a) in sub-paragraph (1), so as to remove the words from “unless” to the end; and

(b) in sub-paragraph (3), so as to remove the words from “unless” to the end.

(3) When acting pursuant to sub-paragraph (1), in relation to any enquiries as to the fitness of the applicant to be registered, the local authority shall, for the purposes of any enactment, be treated as having all the functions, powers and duties of a local authority acting under Part X immediately prior to the appointed day.

(4) When registering a person pursuant to a decision under sub-paragraph (1), a local authority shall impose such reasonable requirements as they would have made in his case had section 72 or, as the case may be, section 73 continued to extend to England.

(5) A local authority may at any time vary any requirement imposed under section 71 or this paragraph, impose any additional requirement or remove any requirement.