C2C1C5C6Part 1The Care Quality Commission
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
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)
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)
C2C1C5C6Chapter 2Registration in respect of provision of health or social care
Further provision about registration as a service provider or manager
I1I2C419C5C6Applications by registered persons
1
Except in case A or B F1and subject to subsections (3A) to (3F, a person registered under this Chapter as a service provider or manager (“R”) may apply to the Commission—
C3a
for the variation or removal of any condition for the time being in force in relation to the registration, other than a registered manager condition required by section 13(1),
b
for the cancellation of the registration, or
c
for the cancellation of, or the variation of the period of, any suspension of the registration.
2
Case A is where—
a
the Commission has given R notice under section 26(4)(a) of a proposal to cancel the registration, and
b
the Commission has not decided not to take that step.
3
Case B is where—
a
the Commission has given R notice under section 28(3) of its decision to cancel the registration, and
b
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
F23A
R may not apply under subsection (1)(a) for the variation of a condition where either subsection (3B) or (3C) applies.
3B
This subsection applies where—
a
the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would have substantially the same effect as that variation), and
b
the Commission has not decided not to take that step.
3C
This subsection applies where—
a
the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would have substantially the same effect as that variation), and
b
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
3D
R may not apply under subsection (1)(a) for the removal of a condition where either subsection (3E) or (3F) applies.
3E
This subsection applies where—
a
the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and
b
the Commission has not decided not to take that step.
3F
This subsection applies where—
a
the Commission has given R notice under section 28(3) of its decision to remove that condition, and
b
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
4
An application under subsection (1) must be made in such form, and contain or be accompanied by such information, as the Commission requires.
5
If the Commission decides to grant an application under subsection (1)(a), it must serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
6
If the Commission decides to grant an application under subsection (1)(c), it must serve notice in writing of its decision on the applicant (stating, where applicable, the period as varied).
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c)(5)(b)