Part 1The Care Quality Commission

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

Registration procedure

30Urgent procedure for cancellation

1

If—

a

the Commission applies to a justice of the peace for an order cancelling the registration of a person as a service provider or manager in respect of a regulated activity, and

b

it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being,

the justice may make the order, and the cancellation has effect from the time when the order is made.

2

An application under subsection (1) may, if the justice thinks fit, be made without notice having been given to the registered person.

3

As soon as practicable after the making of an application under this section, the Commission must give notice of the application—

a

to such Primary Care Trust or English local authority as may be determined in accordance with regulations,

b

where the person registered as a service provider is a Primary Care Trust or National Health Service trust, to such Strategic Health Authority as may be so determined,

c

where the person registered as a service provider is an NHS foundation trust, to the Independent Regulator of NHS Foundation Trusts, and

d

to such other persons as the Commission considers appropriate.

4

An order under subsection (1) must be in writing.

5

Where such an order is made, the Commission must, as soon as practicable after the making of the order, serve on the person registered as a service provider or manager in respect of the regulated activity—

a

a copy of the order, and

b

notice of the right of appeal conferred by section 32.