# The Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001, Paragraph 8: Pending proposal as to cancellation


(1) This paragraph applies to a person who—
(a) pursuant to paragraph 5 is treated, for the purposes of Part II of the Act, as having applied for and been granted registration in respect of an existing undertaking as an establishment or agency; and
(b) was immediately before the effective date the existing provider in respect of that undertaking.
(2) This sub-paragraph applies where, immediately before the effective date—
(a) the existing undertaking is a 1984 Act home;
(b) the existing provider has been given notice of a proposal under (as the case may be) section 12(4) or 31(3) of the 1984 Act to cancel his registration in respect of the home; and
(c) the existing provider has not been given notice under section 14(1) or 33(1) (as the case may be) of the 1984 Act of a decision to adopt the proposal.
(3) This sub-paragraph applies where, immediately before the effective date—
(a) the existing undertaking is a 1989 Act home;
(b) the existing provider has been given notice of a proposal under (as the case may be) paragraph 2(4) of Schedule 5 or paragraph 5(4) of Schedule 6 to the 1989 Act to cancel his registration in respect of the home; and
(c) the existing provider has not been given notice under (as the case may be) paragraph 4 of Schedule 5 or paragraph 7 of Schedule 6 to the 1989 Act of a decision to adopt the proposal.
(4) Where sub-paragraph (2) or (3) applies—
(a) subject to paragraph (b) of this sub-paragraph, any notice referred to in sub-paragraph (2) or (3) (as the case may be) shall, for the purposes of Part II of the Act, and notwithstanding that it does not comply with the requirements for such a notice under the Act, be treated with effect from the effective date as if it were a notice of a proposal given under section 17(4) of the Act to cancel his registration (otherwise than in accordance with an application under section 15(1)(b)), in respect of the existing home;
(b) section 18(2) of the Act shall have effect as if—
(i) in paragraph (a) the word “written” were omitted;
(ii) for paragraph (c) the following paragraphs were substituted—
“(c) the person who is registered in respect of the establishment or agency has not, within fourteen days after notice of proposal to cancel his registration was given to him, required the Commission to give him an opportunity to make oral or written representations to it concerning the matter; or
(d) the following conditions are satisfied—
(i) the person who is registered in respect of the establishment or agency has required the Commission to give him an opportunity to make oral or written representations to it concerning the matter;
(ii) the Commission has allowed him a reasonable period to make his representations; and
(iii) he has failed to make them within that period.”.
(5) This sub-paragraph applies where, immediately before the effective date—
(a) the existing undertaking is a licensed nurses agency;
(b) the authority or the Commission are considering whether to revoke the licence of the existing provider in respect of the existing undertaking;
(c) in pursuance of section 2(5) of the 1957 Act the existing provider has been informed that he is to be given an opportunity of being heard; and
(d) the authority or the Commission have not determined the matter.
(6) Where sub-paragraph (5) applies—
(a) subject to paragraph (b) of this sub-paragraph, the notice informing the existing provider that he is to be given an opportunity of being heard shall, for the purposes of Part II of the Act, and notwithstanding that it does not comply with the requirements for such a notice under the Act, be treated with effect from the effective date as if it were a notice of a proposal given under section 17(4) of the Act to cancel his registration (otherwise than in accordance with an application under section 15(1)(b)), in respect of the existing undertaking;
(b) section 18(2) of the Act shall have effect as if—
(i) in paragraph (a) the word “written” were omitted;
(ii) for paragraph (c) the following paragraph were substituted—
“(c) the person who is registered in respect of the agency has been given an opportunity to make oral or written representations to the Commission concerning the matter within a reasonable period and has failed to make them within that period.”.

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Source: https://www.legislation.gov.uk/uksi/2001/3852/schedule/1/paragraph/8 (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-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.