C3C4C5C6C7C8Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C4

Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C6

Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C7

Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C8

Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

Registration procedure

I120 Urgent procedure for cancellation etc.

1

If—

a

the registration authority 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.

C1C22

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

3

As soon as practicable after the making of an application under this section, the registration authority shall notify the appropriate authorities of the making of the application.

C1C24

An order under subsection (1) shall be in writing.

C1C25

Where such an order is made, the registration authority 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 section 21.

6

For the purposes of this section the appropriate authorities are—

a

the local authority in whose area the establishment or agency is situated;

b

the F1Primary Care Trust orF2Local Health Board in whose area the establishment or agency is situated; and

c

any statutory authority not falling within paragraph (a) or (b) whom the registration authority thinks it appropriate to notify.

7

In this section “statutory authority” means a body established by or under an Act of Parliament.