{
  "url": "https://openlegislation.uk/care-standards-act-2000-commencement-no-8-wales-and-transitional-savings-and-consequential-provisions-order-2002/schedule-1/paragraph-8",
  "json_url": "https://openlegislation.uk/care-standards-act-2000-commencement-no-8-wales-and-transitional-savings-and-consequential-provisions-order-2002/schedule-1/paragraph-8.json",
  "legislation": "wsi/2002/920",
  "legislation_title": "The Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002",
  "legislation_url": "https://openlegislation.uk/care-standards-act-2000-commencement-no-8-wales-and-transitional-savings-and-consequential-provisions-order-2002",
  "path": "schedule/1/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": "Transfer of outstanding applications for registration under the 1984 or 1989 Acts: applications in respect of which the authority has made a proposal to grant or refuse the application",
  "text": "(1) This sub-paragraph applies where—\n(a) an application was made before 1st April 2002—\n(i) for a person to be registered under Part I of the 1984 Act in respect of a residential care home;\n(ii) for a person to be registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;\n(b) the authority has before 1st April 2002 given to the person who made the application—\n(i) notice of a proposal under (as the case may be) section 12(1) or 31(1) of the 1984 Act, to grant the application; or\n(ii) notice of a proposal under (as the case may be) section 12(3) or 31(2) of the 1984 Act to refuse the application; and\n(c) as at 1st April 2002, the authority has not given the person who made the application notice under (as the case may be) section 14 or 33 of the 1984 Act of their decision to adopt a proposal to grant or refuse the application.\n(2) This sub-paragraph applies where—\n(a) an application is made before 1st April 2002—\n(i) to register a home under section 60 of the 1989 Act;\n(ii) to register a home under Part VIII of the 1989 Act;\n(b) the authority has before 1st April 2002 given to the person who made the application—\n(i) notice of a proposal under (as the case may be) paragraph 2(1) of Schedule 5 or paragraph 5(1) of Schedule 6 to the 1989 Act, to grant the application; or\n(ii) notice of a proposal under (as the case may be) paragraph 2(3) of Schedule 5 or paragraph 5(3) of Schedule 6 to the 1989 Act, to refuse the application; and\n(c) as at 1st April 2002 the authority has not given the person who made the application notice under (as the case may be) paragraph 4 of Schedule 5 or paragraph 7 of Schedule 6 to the 1989 Act, of their decision to adopt a proposal.\n(3) Where sub-paragraphs (1) or (2) apply—\n(a) subject to paragraph (b) of this sub-paragraph, the notice referred to in sub-paragraph (1)(b) or (2)(b) shall, for the purposes of Part II of the 2000 Act, and notwithstanding that it does not comply with the requirements for such a notice under that Act, be treated with effect from 1st April 2002—\n(i) in the case of a notice referred to in sub-paragraph (1)(b)(i) or (2)(b)(i), as if it were a notice of a proposal given under section 17(2) of the 2000 Act to grant the application in respect of the establishment to which the application relates;\n(ii) in the case of a notice referred to in sub-paragraph (1)(b)(ii) or (2)(b)(ii), as if it were a notice of a proposal given under section 17(3) of the 2000 Act to refuse the application in respect of the establishment to which the application relates;\n(b) section 18(2) of the 2000 Act shall have effect as if for paragraph (c) the following paragraphs were substituted—\n(i) in paragraph (a) the word “written” were omitted;\n(ii) for paragraph (c) the following paragraphs were substituted—\n“(c) the person who made the application has not, within fourteen days after notice of proposal to grant or refuse his application was given to him or her, required the Assembly to give him or her an opportunity to make oral or written representations to it concerning the matter; or\n(d) the following conditions are satisfied—\n(i) the person who made the application in respect of the establishment has required the Assembly to give him or her an opportunity to make oral or written representations to it concerning the matter;\n(ii) the Assembly has allowed him or her a reasonable period to make the representations; and\n(iii) he or she has failed to make them within that period.”.\n(4) Where sub-paragraph (2) 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—\n(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\n(b) if the application is granted subject to conditions which have not been so agreed, or refused—\n(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\n(ii) if an appeal is brought, until it is determined or abandoned.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2002/920/schedule/1/paragraph/8",
    "retrieved_at": "2026-10-29T00:14:09.314115+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}