C4C3C7C8Part 1The Care Quality Commission

Annotations:
Modifications etc. (not altering text)
C7

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)

C8

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)

C4C3C7C8Chapter 2Registration in respect of provision of health or social care

Registration procedure

28C4C3Notice of decisions

I1I31

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.

I1I32

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

I1I3C53

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.

C54

A notice under subsection (3) must—

I1I3a

explain the right of appeal conferred by section 32,

C1I4C2b

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

I2I3c

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

I2I3d

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.

I4C6C56

Subject to F2subsections (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.

I4C6C57

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.

F18

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.