f

an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part.

14ASuspension of registration

1

The Welsh Ministers may at any time suspend for a specified period the registration of a person in respect of an establishment or agency for which the Welsh Ministers are the registration authority.

2

Except where the Welsh Ministers give notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.

3

The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).

4

A period of suspension may be extended under subsection (1) on one or more occasions.

5

Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.

6

In this section “relevant requirements” has the same meaning as in section 14.

20AUrgent procedure for cancellation: Wales

1

If in respect of an establishment or agency for which the Welsh Ministers are the registration authority—

a

the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, 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 has effect from the time when the order is made.

2

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 Welsh Ministers must notify the appropriate authorities of the making of the application.

4

An order under subsection (1) is to be in writing.

5

Where such an order is made, the Welsh Ministers must, 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 Local 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 Welsh Ministers think it appropriate to notify.

7

In this section “statutory authority” has the same meaning as in section 20.

20BUrgent procedure for suspension or variation etc: Wales

1

Subsection (2) applies where—

a

a person is registered under this Part in respect of an establishment or agency for which the Welsh Ministers are the registration authority, and

b

the Welsh Ministers have reasonable cause to believe that unless they act under this section any person will or may be exposed to the risk of harm.

2

Where this subsection applies, the Welsh Ministers may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the Welsh Ministers that is mentioned in subsection (3) to take effect from the time when the notice is given.

3

Those decisions are—

a

a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

b

a decision under section 14A to suspend the registration or extend the period of suspension.

4

The notice must—

a

state that it is given under this section,

b

state the Welsh Ministers' reasons for believing that the circumstances fall within subsection (1)(b),

c

specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

d

explain the right of appeal conferred by section 21.

24AOffences relating to suspension

1

If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

1A

If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.

Penalty notices

30ZAPenalty notices

1

Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.

2

A fixed penalty offence is any relevant offence which—

a

relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

b

is prescribed for the purposes of this section.

3

A relevant offence is—

a

an offence under this Part or under regulations made under this Part, or

b

an offence under regulations made under section 9 of the Adoption and Children Act 2002.

4

A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

5

Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

6

Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.

7

Penalties under this section are payable to the Welsh Ministers.

8

In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.

30ZBPenalty notices: supplementary provision

1

The Welsh Ministers may by regulations make—

a

provision as to the form and content of penalty notices,

b

provision as to the monetary amount of the penalty and the time by which it is to be paid,

c

provision determining the methods by which penalties may be paid,

d

provision as to the records to be kept in relation to penalty notices,

e

provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

i

repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

ii

prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

f

provision for a certificate—

i

purporting to be signed by or on behalf of a prescribed person, and

ii

stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

g

provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

h

such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

2

Regulations under subsection (1)(b)—

a

may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

b

must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.

3

In this section—

• “penalty” means a penalty under a penalty notice;

• “penalty notice” has the meaning given by section 30ZA(4).

118ARegulations: Wales

1

This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

2

Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

3

A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

a

functions of the Care Quality Commission under Part 1 of the Health and Social Care Act 2008, and

143Use by Welsh Ministers of information

1

The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

2

The functions of the Welsh Ministers referred to in subsection (1) are—

a

their functions under Chapter 4 of this Part;

b

their functions under Chapter 6 of this Part;

c

their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;

d

their functions under section 80 of the Children Act 1989;

e

their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

f

any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

3

References to functions in subsection (2) do not include functions of making regulations.