The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010

Transitional applications following cancellation proceedings under the 2000 Act

16.—(1) This article applies where―

(a) the Commission is not required to―

(i) notify a person of the need to make a transitional application by virtue of article 3(2)(b), or

(ii) determine a transitional application pursuant to article 14(4) or (5); or

(b) a transitional application did not include an application in respect of a person managing a regulated activity because that person came within article 14(2) or (3) on the date on which that transitional application was sent to the Commission,

and paragraph (2) applies.

(2) This paragraph applies where―

(a) the Commission subsequently decides not to adopt a proposal to cancel the person’s registration under the 2000 Act; or

(b) the Tribunal directs that a decision of the Commission or an order made by a justice of the peace to cancel that person’s registration under the 2000 Act shall cease to have effect.

(3) Where a transitional application has been made by, or on behalf of, a person referred to in paragraph (1), the Commission must, as soon as reasonably practicable after the decision or direction referred to in paragraph (2) has been made or given, make a determination of the transitional application, insofar as that application has not been determined pursuant to article 14(4) or (5), in accordance with articles 6 to 8.

(4) Where no transitional application has yet been made by, or on behalf of, a person referred to in paragraph (1), the Commission must, as soon as reasonably practicable after the decision or direction referred to in paragraph (2) has been made or given, send notification of the need to make a transitional application to each person who―

(a) is the subject of the decision referred to in paragraph (2)(a); or

(b) has been the subject of a direction of the Tribunal referred to in paragraph (2)(b).

(5) Notification sent pursuant to paragraph (4) must specify―

(a) the form in which the application must be made;

(b) what information it must contain or be accompanied by; and

(c) the application date.

(6) The application date specified must be a date that is not less than 28 days after the date on which the notification under paragraph (5) is sent.

(7) In making a determination pursuant to this article, the Commission must―

(a) take into account the cancellation proceedings under the 2000 Act; and

(b) in a case where paragraph (2)(b) applies, ensure that the direction of the Tribunal is reflected.