Schedules

Schedule 3Regulatory and enforcement powers

15

In section 259 (suspension of officer etc during inquiry)—

(a)

in subsection (1)(a), for “non-profit” substitute “private”;

(b)

in subsection (1)(b), for “either” substitute “any”;

(c)

in subsection (3), for the words from “that” to the end substitute “that—

(a)

the affairs of the registered provider have been mismanaged, or

(b)

the registered provider has failed to meet a standard under section 193, 194 or 194C.”;

(d)

after subsection (3) insert—

“(3A)

Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.”;

(e)

for subsection (4) substitute—

“(4)

The regulator may by order—

(a)

where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or

(b)

where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.”