The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009

Transitional provisions relating to refusal of registration

8.—(1) Where, pursuant to section 12 of the Act (grant or refusal of registration as a service provider) as modified by article 6, the Commission proposes to refuse a transitional application it must, in the case of such an application made on or before 29th January 2010, use its best endeavours to give the applicant a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration) before the second appointed date.

(2) Any subsequent notice of decision relating to that refusal given under section 28(3) of the Act (notice of decisions) must, in addition to the item listed in section 28(4)(a) of the Act, state that the decision takes effect―

(a) on the second appointed date in the case of a decision made before that date or immediately in the case of a decision made on or after that date;

(b) at the end of the period of 28 days referred to in section 32(2) of the Act (appeals to the Tribunal); or

(c) subject to any decision by the Tribunal, at the end of such further period specified in the notice.

(3) In deciding which of the periods listed in paragraph (2) to state in any particular case, the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard persons against serious risks to their life, health or well-being.