The Health and Social Care Act 2008 (Primary Dental Services, Private Ambulance Services and Primary Medical Services) (Regulated Activities) (Transitory and Transitional Provisions) Order 2010

Suspension of the offence of carrying on a regulated activity while unregistered

3.—(1) This article applies where—

(a) a person—

(i) carries on an activity before 1st April 2011, and

(ii) intends to carry on that activity on and after 1st April 2011;

(b) that activity is a relevant regulated activity; and

(c) an application is made in respect of that activity under—

(i) section 11 of the Act (applications for registration as a service provider), or

(ii) section 14 of the Act (applications for registration as a manager), where that activity will be subject to a registered manager condition.

(2) Where—

(a) a person who is notified pursuant to article 2(1) makes an application to which this article applies to the Commission in respect of a relevant regulated activity on or before the application date, and that application is made in such form, and contains or is accompanied by such information, as the Commission specified pursuant to article 2(3); or

(b) any person, other than a person specified in sub-paragraph (a), makes an application to which this article applies to the Commission under section 11 of the Act in respect of a relevant regulated activity on or before 31st December 2010, and that application is made in such form, and contains or is accompanied by such information, as the Commission may require,

section 10(1) of the Act (offence of carrying on a regulated activity while unregistered) does not apply to the applicant in respect of that activity for the period (if any) calculated in accordance with paragraph (3).

(3) The period referred to in paragraph (2) during which the offence under section 10(1) of the Act does not apply is calculated as follows—

(a) where the Commission serves notice of decision under section 28(1) of the Act (notice of decisions) in respect of the application under section 11, the period during which the offence under section 10(1) does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service(1) by the Commission of that notice of decision;

(b) where the Commission serves notice of decision under article 5(3), in accordance with the modified procedure set out in that article, in respect of the application under section 11, the period during which the offence under section 10(1) does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision; and

(c) where the Commission serves notice of decision under section 28(3) of the Act, in accordance with the modified provisions set out in article 6, which relates to refusal of the application under section 11, the period during which the offence under section 10(1) does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of coming into effect of that notice of decision.

(4) Where—

(a) a person has been notified pursuant to article 2(1) of the need to make an application under section 11 of the Act and has also been notified pursuant to article 2(5) of the need for an application to be made under section 14 of the Act and

(i) that person makes an application which comes within paragraph (2)(a), and

(ii) on or before the application date specified in accordance with article 2(6) an application to which this article applies is made under section 14 by a person who is proposing to manage the regulated activity; or

(b) any person, other than a person in sub-paragraph (a), makes an application which comes within paragraph (2)(b) and on or before 31st December 2010 an application to which this article applies is made under section 14 by a person who is proposing to manage the regulated activity,

and in either case the Commission decides to grant registration in respect of the carrying on of the regulated activity subject to a registered manager condition, section 33 of the Act (offence of failure to comply with conditions) does not apply to the person who made the application under section 11 of the Act coming within sub-paragraph (a)(i) or (b) in respect of a failure to comply with a registered manager condition in relation to that registration for the period (if any) calculated in accordance with paragraph (5).

(5) The period referred to in paragraph (4) during which the offence under section 33 of the Act does not apply is calculated as follows—

(a) where the Commission serves notice of decision under section 28(1) of the Act (notice of decisions) in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision;

(b) where the Commission serves notice of decision under article 5(3), in accordance with the modified procedure set out in that article, in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision; and

(c) where the Commission serves notice of decision under section 28(3) of the Act, in accordance with the modified provisions set out in article 6, which relates to refusal of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of coming into effect of that notice of decision.

(6) Where—

(a) a person—

(i) makes an application which comes within paragraph (2)(a) and that person was not notified pursuant to article 2(5) of the need to make an application under section 14 of the Act, or

(ii) makes an application which comes within paragraph (2)(b);

(b) no application is received by the Commission under section 14 of the Act by a person who is proposing to manage the regulated activity by—

(i) in the case of an application which comes within sub-paragraph (a)(i), the application date, and

(ii) in the case of an application which comes within sub-paragraph (a)(ii), 31st December 2010;

(c) the Commission decides to grant registration in respect of the carrying on of a relevant regulated activity; and

(d) that registration is subject to a registered manager condition,

the Commission must include in its notification of decision to grant registration a further application date, which must be a date at least 28 days after the date upon which notification of its decision to grant registration is sent.

(7) Where—

(a) a person is notified of the Commission’s decision to grant registration subject to a registered manager condition;

(b) that notification includes a further application date pursuant to paragraph (6), and

(c) an application to which this article applies is made to the Commission under section 14 of the Act on or before the further application date by a person who is proposing to manage the relevant regulated activity,

section 33 of the Act (offence of failure to comply with conditions) does not apply to the person who made the application under section 11 of the Act coming within paragraph (6)(a)(i) or (ii) in respect of a failure to comply with a registered manager condition in relation to that registration for the period (if any) calculated in accordance with paragraph (8).

(8) The period referred to in paragraph (7) during which the offence under section 33 of the Act does not apply is calculated as follows—

(a) where the Commission serves notice of decision under section 28(1) of the Act (notice of decisions) in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision;

(b) where the Commission serves notice of decision under article 5(3), in accordance with the modified procedure set out in that article, in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision; and

(c) where the Commission serves notice of decision under section 28(3) of the Act, in accordance with the modified provisions set out in article 6, which relates to refusal of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of coming into effect of that notice of decision.

(1)

See sections 93 and 94 of the Act for provisions in relation to the service of documents.