Modifications etc. (not altering text)
C1Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
Textual Amendments
F1Ss. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes, 19.6.2024 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I.2024/131, art. 2, sch. 1
(1)HIS may, at any time after the expiry of the period specified in an improvement notice under section 10R given in respect of an independent health care service, propose to cancel the registration of the service—
(a)on the ground that any person has been convicted of a relevant offence in relation to the service;
(b)on the ground that the service is being, or has at any time been, carried on other than in accordance with the relevant requirements; or
(c)on any other ground which may be prescribed.
(2)For the purposes of—
(a)paragraph (a) of subsection (1) the following are relevant offences—
(i)an offence under any of sections 10G to 10Z18 (in this section, “this group of sections”);
(ii)an offence under regulations made under this group of sections; or
(iii)an offence which, in the opinion of HIS, makes it appropriate that the registration should be cancelled; and
(b)paragraph (b) of that subsection, the following are relevant requirements—
(i)any requirements or conditions imposed by or under this group of sections; or
(ii)the requirements of regulations made under this group of sections.
[F2(2A)HIS may propose to cancel the registration of an independent health care service where subsection (2B) applies.
(2B)This subsection applies where—
(a)the service has not paid the fee in respect of the annual continuation of the registration imposed under section 10Z5(2)(b) or, where the service has agreed with HIS to pay an annual continuation fee by instalments, an instalment of that annual continuation fee; and
(b)HIS has given notice that, unless within such reasonable period as may be specified in the notice the fee or instalment is paid, it intends to propose to cancel the registration of the service.]
(3)Where a person providing a registered independent health care service ceases to provide the service, HIS may cancel the registration of the service.]
Textual Amendments