The Tax Credit (New Category of Child Care Provider) Regulations 2002

Withdrawal of accreditation or variation of conditions of accreditation

8.—(1) Subject to the following paragraphs of this regulation, the Secretary of State may withdraw an organisation’s accreditation or vary the conditions of its accreditation if he is satisfied that—

(a) the organisation no longer meets the criteria for accreditation set out in regulation 4 above;

(b) the organisation has breached one or more of the conditions of its accreditation; or

(c) the organisation has acted improperly.

(2) The Secretary of State shall notify the organisation in writing if he is minded to withdraw its accreditation or vary the conditions of its accreditation, giving his reasons for this and inviting the organisation to make representations in response to this notice within 28 days starting with the date of receipt of the notification.

(3) The organisation may, within 28 days starting with the date of receipt of a notification under paragraph (2), make written representations to the Secretary of State in response to the notice.

(4) The Secretary of State shall consider any representations made by the organisation in accordance with paragraph (3) before making a decision whether or not to withdraw its accreditation or vary the conditions of its accreditation.

(5) When the Secretary of State has made a decision whether or not to withdraw an organisation’s accreditation or vary the conditions of its accreditation he shall notify the organisation of his decision in writing.

(6) Where the Secretary of State’s decision is to withdraw an organisation’s accreditation or vary the conditions of its accreditation, such decision shall take effect after 28 days starting with the date on which the organisation is notified of the decision.

(7) The Secretary of State may by written notice suspend an organisation’s accreditation for the period during which he is considering withdrawing its accreditation or varying the conditions of its accreditation if he considers this to be necessary. The suspension shall take effect from the date that the organisation receives this notification.

(8) During the period in which an organisation’s accreditation is suspended under paragraph (7) the organisation shall not approve any child care providers, but the suspension shall not affect the validity of approvals already given.

(9) Where the Secretary of State decides to withdraw an organisation’s accreditation or vary the conditions of its accreditation a copy of the notice referred to in paragraph 5 shall be sent to the Inland Revenue.