Health and Social Care Act 2008

Valid from 12/01/2009

28 Notice of decisions E+W

(1) If the Commission decides to grant an application for registration as a service provider or manager in respect of a regulated activity—

(a) unconditionally, or

(b) subject only to conditions each of which is either required by section 13(1) or agreed in writing between the Commission and the applicant,

it must give the applicant notice in writing of the decision.

(2) A notice under subsection (1) must state the conditions subject to which registration is granted.

(3) If the Commission decides to adopt a proposal of which it was required to give notice under section 26, it must give notice in writing of its decision to any person to whom it was required by section 26 to give notice of the proposal.

(4) A notice under subsection (3) must—

(a) explain the right of appeal conferred by section 32,

(b) in the case of a decision to adopt a proposal under section 26(2), state the conditions subject to which the application is granted,

(c) in the case of a decision to adopt a proposal under section 26(4)(b), state the period (or extended period) of suspension, and

(d) in the case of a decision to adopt a proposal under section 26(4)(c) or (d), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

(5) Where a person (“M”) is registered as a manager in respect of a regulated activity, the Commission must—

(a) give M a copy of any notice given under subsection (3) to the person (“S”) registered as a service provider in respect of the regulated activity, and

(b) give S a copy of any such notice given under that subsection to M.

(6) Subject to subsection (7), a decision of the Commission to adopt a proposal under section 26(2) or (4) takes effect—

(a) at the end of the period of 28 days referred to in section 32(2), or

(b) if an appeal is brought, on the determination or abandonment of the appeal.

(7) Where the applicant notifies the Commission in writing before the end of the period mentioned in subsection (6)(a) that the applicant does not intend to appeal, the decision is to take effect when the Commission receives the applicant's notification.