C1C3Part 1The Care Quality Commission

Annotations:

C1C3Chapter 2Registration in respect of provision of health or social care

Registration procedure

28C1C3Notice of decisions

I2I11

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.

I2I12

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

I2I1C63

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.

C64

A notice under subsection (3) must—

I2I1a

explain the right of appeal conferred by section 32,

C4I4C5b

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

I3I1c

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

I3I1d

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.

I45

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.

I4C2C66

Subject to F1subsections (7) to (9), 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.

I4C2C67

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.

F28

But in a case where notice of the proposal has been given to an individual under section 26(4A) subsection (7) does not apply unless, by the time the Commission receives the applicant's notification, it has received notification from the individual that he or she does not intend to appeal.

9

And if the Commission receives notification from the individual after it receives the applicant's notification and before the end of the period mentioned in subsection (6)(a), the decision is to take effect when the Commission receives the individual's notification.