C1C2C3C4C5C6Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C2

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)

C4

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

C5

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

C6

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

Regulations and standards

22BF1Notice restricting accommodation at certain establishments

1

The registration authority may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.

2

The requirement is to ensure that no child is accommodated at the establishment unless the child—

a

was accommodated there when the notice was served; and

b

has continued to be accommodated there since the notice was served.

3

A notice under subsection (1) must—

a

explain the requirement imposed by the notice;

b

specify the establishment in relation to which that requirement is imposed;

c

give the registration authority's reasons for serving the notice;

d

explain the right of appeal conferred by section 21.

4

A notice under subsection (1) ceases to have effect—

a

at such time as may be specified in the notice;

b

if the registration authority serves a notice to that effect on the person on whom the notice under subsection (1) was served;

c

if the Tribunal so directs under section 21(4A) or (4B).

5

Subsection (6) applies if—

a

the registration authority serves a notice on a person under subsection (1) or (4)(b); and

b

one or more other persons are registered in respect of the establishment to which the notice relates.

6

The registration authority must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).

7

The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).

8

This section applies to the following establishments—

a

a children's home;

b

a residential family centre.