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Version Superseded: 01/04/2011
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Children Act 1989, Section 79L is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Not less than 14 days before—
(a)refusing an application for registration;
(b)cancelling a registration;
(c)removing or varying any condition to which a registration is subject or imposing a new condition; or
(d)refusing to grant an application for the removal or variation of any condition to which a registration is subject,
[F2the Assembly] shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.
(2)Every such notice shall—
(a)give [F2the Assembly]’s reasons for proposing to take the step; and
(b)inform the person concerned of his rights under this section.
(3)Where the recipient of such a notice informs [F2the Assembly] in writing of his desire to object to the step being taken, [F2the Assembly] shall afford him an opportunity to do so.
(4)Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative.
(5)If [F2the Assembly] , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision.
(6)A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination.
(7)Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies [F2the Assembly] in writing that he does not intend to appeal.
Textual Amendments
F1S. 79L inserted (2.7.2001 for certain purposes for E. and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3)(c) (with transitional provisions and savings in Sch.); S.I. 2002/839, art. 2(c); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
F2Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
Modifications etc. (not altering text)
C1S. 79L applied (with modifications) (25.3.2003) (E.) by The Tax Credits (Approval of Home Child Care Providers) Scheme 2003 (S.I. 2003/463), {arts. 11, 12}
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