# The Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001, Paragraph 13: Transfer of applications for registration or a licence


(1) This sub-paragraph applies to an application—
(a) which is made before 1st April 2002—
(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 (3) does not apply.
(2) This sub-paragraph applies to an application—
(a) which is made before 1st July 2002 for a licence under the 1957 Act to carry on an agency for the supply of nurses; and
(b) in respect of which the authority has not given the person who made the application—
(i) notice under section 2(4) of the 1957 Act of the refusal of a licence, or of the grant of a licence subject to conditions; or
(ii) the opportunity of being heard under section 2(5) of that Act in respect of any proposal to refuse to grant a licence.
(3) This sub-paragraph applies to an application in respect of which the regulator 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 to 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.
(4) Subject to the provisions of this paragraph, the authority shall give the Commission notice of transfer of an application to which sub-paragraph (1) applies—
(a) in the case of an application which—
(i) is made before 1st January 2002; and
(ii) appears to the authority to be unlikely to be determined by the authority before 1st April 2002,
by not later than 31st January 2002 or such later date as may be agreed by the authority and the Commission;
(b) in the case of an application which—
(i) is made on any date in January 2002 or February 2002; and
(ii) appears to the authority to be unlikely to be determined by the authority before 1st April 2002,
by not later than 7th March 2002,
(c) in the case of any application which is made on any date in March 2002, forthwith on receiving the application.
(5) Subject to the provisions of this paragraph, the authority shall give the Commission notice of transfer of an application to which sub-paragraph (2) applies—
(a) in the case of an application which—
(i) is made before 1st June 2002; and
(ii) appears to the authority to be unlikely to be determined by the authority before 1st July 2002,
by not later than 7th June 2002,
(b) in the case of an application which is made on any date in June 2002, forthwith on receiving the application.
(6) The authority shall, and the Secretary of State may, give the Commission notice of transfer of an application by providing the Commission with the following information—
(a) the name and address of the person making the application;
(b) the name and address of the undertaking to which the application relates;
(c) the enactment under which the application was made.
(7) Where the authority has given the Commission notice of transfer of an application in accordance with sub-paragraph (6), it shall—
(a) forthwith pass to the Commission all the information or documents relating to the application which are in the possession of the authority;
(b) as soon as practicable, pass to the Commission all such information or documents which come into the possession of the authority;
(c) forthwith notify the person who made the application that such information or documents have been or are to be passed to the Commission.
(8) For the purposes of this paragraph—
(a) in the case of an application to which sub-paragraph (1) applies—
(i) if, before 1st April 2002, notice of transfer is given to the Commission in respect of the application in accordance with sub-paragraph (6), the application transfer date is the date on which the notice of transfer was given;
(ii) if, as at 1st April 2002, the application has not been determined by the regulator, and notice of transfer has not been given to the Commission in respect of the application in accordance with sub-paragraph (6), the application transfer date is 1st April 2002;
(b) in the case of an application to which sub-paragraph (2) applies—
(i) if, before 1st July 2002, notice of transfer has been given to the Commission in respect of the application in accordance with sub-paragraph (6), the application transfer date is the date on which the notice of transfer was given;
(ii) if, as at 1st July 2002, the application has not been determined by the regulator, and notice of transfer has not been given to the Commission in respect of the application in accordance with sub-paragraph (6), the application transfer date is 1st July 2002.
(9) Sub-paragraph (10) shall apply with effect from the application transfer date to an application where—
(a) the application was made before 1st April 2002; and
(b) as at 1st April 2002, the regulator 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 his decision to adopt a proposal to grant or refuse the application.
(10) Where this sub-paragraph applies, an application—
(i) for a person to be registered under Part I of the 1984 Act in respect of a residential care home; or
(ii) for a person to be registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home,
shall be treated as an application for registration under Part II of the Act in respect of a care home.
(11) Sub-paragraph (12) shall apply with effect from the application transfer date to an application where—
(a) the application was made before 1st April 2002; and
(b) as at 1st April 2002, the regulator 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 his decision to adopt a proposal to grant or refuse the application.
(12) Where this sub-paragraph applies, an application—
(i) to register a home under section 60 of the 1989 Act; or
(ii) to register a home under Part VIII of the 1989 Act,
shall be treated as an application for registration under Part II of the Act in respect of a children’s home.
(13) An application to which sub-paragraph (2) applies shall be treated with effect from the application transfer date as an application for registration under Part II of the Act in respect of a nurses agency.
(14) The next following sub-paragraph shall have effect—
(a) in relation to an application to which sub-paragraph (1) applies, and in respect of which notice of transfer is given to the Commission in accordance with sub-paragraph (6) before 1st April 2002, from the day on which such notice is given to 31st March 2002;
(b) in relation to an application to which sub-paragraph (2) applies, and in respect of which notice of transfer is given to the Commission in accordance with sub-paragraph (6) before 1st July 2002, from the day on which notice is given to 30th June 2002.
(15) Any application—
(a) in respect of which notice of transfer has been given to the Commission in respect of the application in accordance with sub-paragraph (6); and
(b) which under sub-paragraph (10), (12) or (13) is to be treated with effect from the application transfer date as an application for registration under Part II of the Act in respect of an establishment or agency of any description,
shall, for the purpose of enabling the Commission to consider or obtain information in relation to that application, be treated as an application for registration under Part II of the Act in respect of an establishment or agency of that description.

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Source: https://www.legislation.gov.uk/uksi/2001/3852/schedule/1/paragraph/13 (the official version)
Page: https://openlegislation.uk/care-standards-act-2000-commencement-no-9-england-and-transitional-and-savings-provisions-order-2001/schedule-1/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.