Paragraph 7 Transfer of outstanding applications for registration under the 1984 or 1989 Acts: applications in respect of which the authority has not made a proposal to grant or refuse the application

(1)

Sub-paragraph (3) applies to an application—

(a)

which has been made to an authority before 1st April 2002 and which has not been granted at that date—

(i)

for a person to be registered under Part I of the 1984 Act in respect of a residential care home;

(ii)

for a person to be registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;

(iii)

to register a home under section 60 of the 1989 Act;

(iv)

to register a home under Part VIII of the 1989 Act; and

(b)

to which sub-paragraph (2) does not apply.

(2)

This sub-paragraph applies to an application in respect of which the authority has given to the person who made the application—

(a)

notice of a proposal under (as the case may be) section 12(1) or 31(1) of the 1984 Act or paragraph 2(1) of Schedule 5 or paragraph 5(1) of Schedule 6 of the 1989 Act, to grant the application; or

(b)

notice of a proposal under (as the case may be) section 12(3) or 31(2) of the 1984 Act or paragraph 2(3) of Schedule 5 or paragraph 5(3) of Schedule 6 to the 1989 Act, to refuse the application

(3)

Where this sub-paragraph applies in relation to an application—

(a)

it has effect in relation to an application of a type described in sub-paragraph (1)(a)(i) or (ii) so that the application shall be treated as an application for registration under Part II of the 2000 Act in respect of a care home;

(b)

it has effect in relation to an application of a type described in sub-paragraph 1(a)(iii) or (iv) so that the application shall be treated as an application for registration under Part II of the 2000 Act in respect of a children’s home.

(4)

Where sub-paragraph (3) applies to an application to register a home under Part VIII of the 1989 Act which was duly made in accordance with article 3(1) of the No. 2 Commencement Order section 11(1), (5) and (6) of the 2000 Act shall not apply to the person carrying on the home—

(a)

until such time as the application is granted, either unconditionally or subject only to conditions which have been agreed in writing between him or her and the National Assembly; or

(b)

if the application is granted subject to conditions which have not been so agreed, or refused—

(i)

if no appeal is brought, until the expiration of the period of 28 days after service on him or her of the National Assembly’s decision; or

(ii)

if an appeal is brought, until it is determined or abandoned.