Transitional provisions relating to refusal of registration
6.—(1) Where, pursuant to section 12 or 15 of the Act (grant or refusal of registration as a service provider or manager) as modified by article 4, the Commission proposes to refuse a transitional application, and it must therefore give a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration), it must use its best endeavours to give such a notice to the applicant or person to be registered as a manager (as the case may be)―
(a)in the case of a transitional application where—
(i)the Commission had given notification under article 2, and
(ii)the application was made in such form, and containing or accompanied by such information as the Commission specified pursuant to article 2, on or before the application date,
before 1st April 2011;
(b)in the case of a transitional application where—
(i)the Commission had not given notification under article 2, and
(ii)the application was made in such form, and containing or accompanied by such information, as the Commission may require, on or before 31st December 2010,
before 1st April 2011; and
(c)in the case of any other transitional application, as soon as reasonably practicable after the decision to propose refusal is made.
(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 matter referred to in section 28(4)(a) of the Act, state that the decision takes effect―
(a)on 1st April 2011 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.