Care Standards Act 2000 (Commencement No.17 (England) and Transitional and Savings Provisions) Order 2003

Transfer of applications — applications for approval

6.—(1) This sub-paragraph applies to an application for approval under section 3 of the 1976 Act which—

(a) has been made before 25th February 2003; and

(b) in respect of which the Secretary of State has not as at 25th February 2003 served either—

(i) notice of approval in accordance with section 3(1) of the 1976 Act; or

(ii) notice of proposal to refuse the application under section 5(1) of that Act.

(2) This sub-paragraph applies to an application for approval under section 3 of the 1976 Act which is made to the Secretary of State on or after the 25th February 2003.

(3) The Secretary of State may give the Commission notice of transfer of an application to which sub-paragraph (1) or (2) applies where it appears to the Secretary of State that he is unlikely to be able to determine the application before 30th April 2003.

(4) An application to which sub-paragraph (1) or (2) applies shall be treated with effect from the application transfer date as an application for registration in respect of the agency under Part II of the Act.

(5) For the purposes of this paragraph—

(a) if, notice of transfer is given to the Commission in respect of the application before 30th April 2003, the application transfer date is the date on which the notice of transfer was given;

(b) if as at 30th April 2003, the application has not been determined by the Secretary of State, and notice of transfer has not been given to the Commission, the application transfer date is the 30th April 2003.