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Nurseries and Child-Minders Regulation Act 1948 (repealed 14th October 1991)
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Changes over time for: Section 6
Version Superseded: 14/10/1991
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - Stop date 14/10/1991- Amendment
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6 Appeals.E+W+S
(1)Not less than fourteen days before making an order under this Act refusing an application for registration, cancelling any registration, or imposing any requirement under section two of this Act, [F1the local health authority][F1the local social services authority] shall send to the applicant, to the occupier of the premises to which the registration relates, or to the person registered, as the case may be, notice of their intention to made such an order.
(2)Every such notice shall state the grounds on which the authority intend to make the order and shall contain an intimation that if within fourteen days after the receipt of the notice the said applicant, occupier or person informs the authority in writing of his desire to show cause, in person or by a representative, why the order should not be made, the authority shall before making the order afford him an opportunity so to do.
(3)If [F1the local health authority][F1the local social services authority] after giving the said applicant, occupier or person such an opportunity as aforesaid, decide to refuse the application, cancel the registration, or impose the requirement, as the case may be, they shall make an order to that effect and shall send him a copy of the order.
(4)A person aggrieved by an order under this Act refusing an application for registration or cancellng any registration, or imposing any requirement under section two of this Act, may appeal to a court of summary jurisdiction, or in Scotland the sheriff, having jurisdiction in the place where the premises in question are situated if the order relates to the registration of premises, or in the place where the person in question resides if the order relates to the registration of a person; and an order cancelling any registration shall not take effect until the expiration of the time within which an appeal may be brought under this section or, where such an appeal is brought, before the determination of the appeal.
(5)Sections three hundred to three hundred and two of the M1Public Health Act 1936 (which relate to appeals) shall apply for the purposes of this section as if the provisions of this Act were contained in that Act . . . F2.
(6)Any notice required to be sent under subsection (1) of this section and any copy of an order required to be sent under subsection (3) thereof, may be sent by post in a registered letter.
(7)In the application of this section to Scotland, subsection (5) shall be omitted, and any appeal under subsection (4) shall be brought within twenty-one days from the date of the order to which the appeal relates.
Textual Amendments
F1Words “the local social services authority” substituted (E.W.) for words “the local health authority” by Local Government Act 1972 (c. 70), Sch. 23 para. 4(1)
F2Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
Modifications etc. (not altering text)
C1Reference to registered letter to be construed as including reference to letter sent by recorded delivery service: Recorded Delivery Service Act 1962 (c. 27), s. 1(1)(2), Sch. para. 1
Marginal Citations
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