Health and Social Care Act 2008

17 Cancellation of registration E+W

(1) The Commission may at any time cancel the registration of a person (“R”) under this Chapter as a service provider or manager in respect of a regulated activity—

(a) on the ground that R has been convicted of, or admitted, a relevant offence;

(b) on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity;

(c) on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

(d) on the ground that R has failed to comply with a requirement imposed by or under Chapter 6;

(e) on any ground specified by regulations.

(2) The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if—

(a) no-one is registered under this Chapter as a service provider in respect of the activity, or

(b) the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition.

(3) For the purposes of this section, the following are relevant offences—

(a) a Part 1 offence,

(b) an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it,

(c) an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, F1 ...

[F2 (ca) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) or specified in regulations made under section 45 or 46 of that Act, and]

(d) any other offence which appears to the Commission to be relevant.

(4) In this section “relevant requirements” means—

(a) any requirements or conditions imposed by or under this Chapter, and

(b) the requirements of any other enactment which appears to the Commission to be relevant.

Textual Amendments

F1 Word in s. 17(3)(c) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 41(2)

F2 S. 17(3)(ca) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 41(3)

Modifications etc. (not altering text)

C1 Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C3 S. 17 modified (6.4.2015) by Care Act 2014 (c. 23), ss. 57(3), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

Commencement Information

I1 S. 17 partly in force; S. 17 in force for specified purposes at Royal Assent, see s. 170

I2 S. 17 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 19 (with Pt. 3)

I3 S. 17(1)(3)(4) in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2, Sch. 1 para. 6