Prospective
Notification to Primary Care Trust, English local authority and Strategic Health AuthorityE+W
This section has no associated Explanatory Memorandum
9.—(1) The Primary Care Trust or English local authority that is required to be given—
(a)notice of an application for an order for cancellation of the registration of a registered person under section 30 of the Act; or
(b)a copy of a notice under section 39 of the Act,
is to be determined in accordance with paragraphs (2) to (8).
(2) Where the application under section 30 of the Act, or the notice of which a copy is required to be given under section 39 of the Act, is in respect of a regulated activity that involves, or is connected with, the provision of health care, the Commission must give notice or a copy of the notice to the relevant Primary Care Trust.
(3) Where the application under section 30 of the Act, or the notice of which a copy is required to be given under section 39 of the Act, is in respect of a regulated activity that involves, or is connected with, the provision of social care, the Commission must give notice or a copy of the notice to the relevant local authority.
(4) Subject to paragraph (6), the relevant Primary Care Trust is any Primary Care Trust in whose area the regulated activity is being carried on.
(5) Subject to paragraph (6), the relevant local authority is any local authority in whose area the regulated activity is being carried on.
(6) Where a registered service provider is carrying on a regulated activity from more than one set of premises, and a notice of which a copy is required to be given under section 39 of the Act is in respect of the carrying on of a regulated activity from particular premises—
(a)the relevant Primary Care Trust is any Primary Care Trust in whose area those particular premises are situated; and
(b)the relevant local authority is any local authority in whose area those particular premises are situated.
(7) Subject to paragraph (8), the Strategic Health Authority that must be given notice under section 30(3)(b) of the Act or a copy of a notice under section 39(1)(b) of the Act is any Strategic Health Authority in whose area the regulated activity to which the application or notice relates is being carried on.
(8) Where a registered service provider is carrying on a regulated activity from more than one set of premises and a copy of the notice required to be given to a Strategic Health Authority under section 39(1)(b) is in respect of the carrying on of a regulated activity from particular premises, the Strategic Health Authority that must be given a copy of the notice is any Strategic Health Authority in whose area those particular premises are situated.