Paragraph 3 Transfer of registration form

(1)

The relevant authority in respect of any relevant undertaking shall, subject to sub-paragraph (7), and the Secretary of State may in relation to a voluntary home, not later than the date specified in paragraph 2(3)—

(a)

complete a form (“the transfer of registration form”) which—

(i)

shall be made available for this purpose by the Secretary of State;

(ii)

may require, in respect of the existing undertaking or the existing provider, the information specified in paragraph 4;

(b)

send the relevant provider by recorded delivery—

(i)

the transfer of registration form in respect of the existing undertaking;

(ii)

an explanation of the procedure whereby the existing provider may make representations to the Commission in respect of the information specified in paragraph 4;

(iii)

details of any further information and documents that the existing provider is required to provide under paragraph 6;

(c)

notify the relevant provider that if he does not make representations in accordance with sub-paragraph (3)—

(i)

he may be treated as having applied for and been granted registration in respect of the existing undertaking as an establishment or agency of the applicable description specified in the transfer of registration form;

(ii)

if he is so treated, the registration will, subject to paragraph 5(5), be subject to the conditions (if any) specified by the regulator in the transfer of registration form as being the conditions to which the registration or licence is subject;

(d)

notify the relevant provider of the provisions of section 11(1) of the Act (offence of carrying on or managing an establishment or agency without being registered under Part II of the Act).

(2)

The relevant provider shall, by not later than the return date—

(a)

complete that part of the transfer of registration form which is indicated to be completed by him;

(b)

send a copy of the form so completed to the regulator.

(3)

The existing provider may, by not later than the return date, make representations in respect of the information specified in paragraph 4, by sending such representations to the Commission.

(4)

The relevant authority shall, not later than fourteen days after the return date in respect of the relevant undertaking, and the Secretary of State may in relation to the voluntary home at such time as he considers appropriate—

(a)

send the Commission—

(i)

the transfer of registration form;

(ii)

all the information or documents specified in sub-paragraph (6) which are in the possession of the regulator;

(b)

notify the Commission if the regulator has not received the transfer of registration form by the return date; and

(c)

notify the relevant provider that such information or documents have been passed to the Commission.

(5)

The relevant authority shall, and the Secretary of State may, on and after the return date in respect of the existing undertaking, send to the Commission any of the information or documents specified in the next following sub-paragraph which may from time to time come into the possession of the regulator.

(6)

The following information or documents are specified, namely any information or documents relating to the existing provider and the existing undertaking in respect of—

(a)

the registration granted under (as the case may be) the 1984 Act or the 1989 Act to the existing provider or the existing undertaking; or

(b)

in the case of a nurses agency provider, the licence granted to him to carry on a licensed nurses agency.

(7)

Where an existing provider in relation to the existing undertaking is an existing care home manager, the existing owner in relation to that undertaking shall provide the existing care home manager with a copy of the information and documents sent to the existing owner under paragraph (b) to (d) of sub-paragraph (1).