The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

Urgent procedure for cancellation etc.N.I.

This section has no associated Explanatory Memorandum

21.—(1) If—

(a)the [F1RQIA] applies to a justice of the peace for an order—

(i)cancelling the registration of a person in respect of an establishment or agency;

(ii)varying or removing any condition for the time being in force by virtue of this Part; or

(iii)imposing an additional condition; and

(b)it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,

the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.

(2) An application under paragraph (1) may, if the justice thinks fit, be made without notice.

(3) As soon as practicable after the making of an application under this Article, the [F1RQIA] shall notify [F2the following persons of the making of the application—

(a)the Department;

(b)the HSC trust in whose operational area the establishment or agency in question is located; and

(c)any HSC trust that has entered into arrangements with the establishment or agency under paragraph 13 of Schedule 3 to the the Health and Personal Social Services (Northern Ireland) Order 1991.]

(4) An order under paragraph (1) shall be in writing.

(5) Where such an order is made, the [F1RQIA] shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a)a copy of the order; and

(b)notice of the right of appeal conferred by Article 22.