The Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001

Pending application and notice in respect of condition of registration

9.—(1) This paragraph applies to a person who—

(a) pursuant to paragraph 5 is treated, for the purposes of Part II of the Act, as having applied for and been granted registration in respect of an existing home as an establishment or agency; and

(b) was immediately before the effective date the existing provider in respect of that home.

(2) Where an application by an existing home provider to vary a condition in force in respect of an existing home has not been determined before the effective date, the application shall for the purposes of Part II of the Act be treated with effect from that date as an application under section 15(1)(a) of the Act for the variation of the condition in respect of that existing home.

(3) Where an application by an existing home provider to impose a condition in respect of an existing home, has not been determined before the effective date, the application shall be treated with effect from that date as a request to the Commission to consider imposing such a condition in respect of that existing home.

(4) This sub-paragraph applies where, immediately before the effective date—

(a) the existing home provider has been given notice of a proposal under (as the case may be) section 12(4) or 31(3) of the 1984 Act to vary a condition in force in respect of a 1984 Act home, or to impose an additional condition in respect of that home; and

(b) the existing home provider has not been given notice under section 14(1) or 33(1) (as the case may be) of the 1984 Act of a decision to adopt the proposal.

(5) This sub-paragraph applies where, immediately before the effective date—

(a) the existing home provider has been given notice of a proposal under (as the case may be) paragraph 2(4) of Schedule 5 or paragraph 5(4) of Schedule 6 to the 1989 Act to vary a condition in force in respect of a 1989 Act home, or to impose an additional condition in respect of that home; and

(b) the existing home provider has not been given notice under paragraph 4 of Schedule 5 or paragraph 7 of Schedule 6 (as the case may be) to the 1989 Act of a decision to adopt the proposal.

(6) Where sub-paragraph (4) or (5) applies—

(a) subject to paragraph (b) of this sub-paragraph, any notice referred to in sub-paragraph (4) or (5) (as the case may be) shall, for the purposes of Part II of the Act, and notwithstanding that it does not comply with the requirements for such a notice under the Act, be treated with effect from the effective date as if it were a notice of a proposal given under section 17(4) of the Act to vary a condition, or to impose an additional condition (as the case may be), in respect of the existing home;

(b) section 18(2) of the Act shall have effect as if—

(i) in paragraph (a) the word “written” were omitted;

(ii) for paragraph (c) the following paragraphs were substituted—

“(c) the person who is registered in respect of the establishment or agency has not, within fourteen days after notice of proposal to vary a condition, or to impose an additional condition, in relation to the registration was given to him, required the Commission to give him an opportunity to make oral or written representations to it concerning the matter; or

(d) the following conditions are satisfied—

(i) the person who is registered in respect of the establishment or agency has required the Commission to give him an opportunity to make oral or written representations to it concerning the matter;

(ii) the Commission has allowed him a reasonable period to make his representations; and

(iii) he has failed to make them within that period.”.

(7) This sub-paragraph applies where—

(a) before the effective date the existing home provider has been given notice under section 14(1) or 33(1) (as the case may be) of the 1984 Act of the decision to adopt a proposal under section 12 or 31 (as the case may be) of that Act to vary a condition in force in respect of an existing home, or to impose an additional condition in respect of that home; and

(b) the decision has not taken effect, for the purposes of section 14(3) or 33(3) (as the case may be) of that Act, before the effective date.

(8) Where sub-paragraph (7) applies—

(a) the 1984 Act shall, subject to paragraph (b) of this sub-paragraph, continue in force in relation to any appeal against a decision referred to in sub-paragraph (7), and in particular shall continue in force so far as may be necessary for the purposes of—

(i) bringing an appeal against a decision referred to in sub-paragraph (7);

(ii) determining such an appeal;

(iii) giving effect to the decision of the tribunal that determines the appeal;

(b) the functions, powers and duties that immediately before 1st April 2002 the regulator had under the 1984 Act in relation to the matters mentioned in paragraph (a) of this sub-paragraph, shall apply to, and be exercisable by, the Commission instead of the regulator;

(c) the decision to adopt a proposal to vary a condition in force in respect of an existing home, or to impose an additional condition in respect of that home shall, with effect from the date on which it takes effect, be treated for the purposes of Part II of the Act—

(i) in the case of a proposal to vary a condition where the effect of the variation would be to remove the condition, as if it were a decision to adopt a proposal to remove a condition in respect of the establishment;

(ii) in the case of any other proposal to vary a condition, as if it were a decision to adopt a proposal to vary a condition in respect of the establishment;

(iii) in the case of a proposal to impose an additional condition, as if it were a decision to adopt a proposal to impose an additional condition in respect of the establishment;

(iv) in any case, as if it had taken effect in accordance with section 19(5) of the Act.

(9) This sub-paragraph applies in relation to a 1984 Act home, where—

(a) before the effective date an application was made to a justice of the peace for an order under section 11 or 30 of the 1984 Act varying a condition, or imposing an additional condition, in respect of the home; and

(b) as at the effective date either—

(i) the application to the justice of the peace has not been determined;

(ii) the justice of the peace has made the order but no appeal has been brought and the period for bringing an appeal has not expired; or

(iii) an appeal has been brought but has not been determined or abandoned.

(10) Where sub-paragraph (9) applies—

(a) the 1984 Act shall, subject to paragraph (b) of this sub-paragraph, continue in force in relation to any order referred to in sub-paragraph (9), and in particular shall continue in force so far as may be necessary for the purposes of—

(i) bringing or determining the application;

(ii) giving effect to any order made by the justice of the peace;

(b) the functions, powers and duties that immediately before 1st April 2002 the regulator had under the 1984 Act in relation to the matters mentioned in paragraph (a) of this sub-paragraph shall apply to, and be exercisable by, the Commission instead of the regulator;

(c) where an order is made by the justice of the peace, the order shall, subject to sub-paragraph (14), be treated for the purposes of Part II of the Act as if it were an order made in respect of the existing home under section 20 of the Act.

(11) This sub-paragraph applies where—

(a) before the effective date the existing home provider has been given notice under paragraph 4 of Schedule 5 or paragraph 7 of Schedule 6 (as the case may be) to the 1989 Act of a decision to adopt a proposal under paragraph 2 of Schedule 5 or paragraph 5 of Schedule 6 (as the case may be) to that Act to vary a condition in force in respect of an existing home, or to impose an additional condition in respect of that home; and

(b) in accordance with paragraph 4(3) of Schedule 5 or paragraph 7(3) of Schedule 6 (as the case may be) to that Act the decision has not taken effect before the effective date.

(12) Where sub-paragraph (11) applies—

(a) the provisions of sections 60 and 63 of, and Schedules 5 and 6 to, the 1989 Act, and the definition of “registered children’s home” in section 105 of that Act, that are repealed under section 117(2) of, and Schedule 6 to, the Act shall, subject to the next following paragraph of this sub-paragraph, continue in force in relation to any appeal against a decision referred to in sub-paragraph (11), and in particular shall continue in force so far as may be necessary for the purposes of—

(i) bringing an appeal against a decision referred to in sub-paragraph (11);

(ii) determining such an appeal;

(iii) giving effect to the decision of the tribunal that determines the appeal;

(b) the functions, powers and duties (except for the purpose of making subordinate legislation) that immediately before 1st April 2002 the regulator had under Parts VII and VIII of, and Schedules 5 and 6 to, the 1989 Act in relation to the matters mentioned in the preceding paragraph of this sub-paragraph, shall apply to, and be exercisable by, the Commission instead of the regulator;

(c) the decision to adopt a proposal to vary a condition in force in respect of an existing home, or to impose an additional condition in respect of that home shall, with effect from the date on which it takes effect, be treated for the purposes of Part II of the Act—

(i) in the case of a proposal to vary a condition where the effect of the variation would be to remove the condition, as if it were a decision to adopt a proposal to remove a condition in respect of the establishment;

(ii) in the case of any other proposal to vary a condition, as if it were a decision to adopt a proposal to vary a condition in respect of the establishment;

(iii) in the case of a proposal to impose an additional condition, as if it were a decision to adopt a proposal to impose an additional condition in respect of the establishment;

(iv) in any case, as if it had taken effect in accordance with section 19(5) of the Act.

(13) Where sub-paragraph (7), (10) or (11) applies and the Registered Homes Tribunal determines an appeal referred to in (as the case may be) sub-paragraph (8), (9) or (12), the determination shall, subject to sub-paragraph (14), be treated for the purposes of Part II of the Act as if it were a decision made by the Tribunal under section 21 of the Act in respect of the existing home.

(14) For the purposes of sub-paragraphs (8), (10), (12) and (13), a condition shall not have effect as a condition to which registration for the purposes of Part II of the Act is subject except in so far as it is capable of being a condition for the purposes of that Part of the Act.