OpenLegislation

Regulation 4 Notification of prescribed circumstances under section 30A(3) of the ActI1

England and Wales

(1)

The circumstances which relate to P prescribed for the purpose of section 30A(3) of the Act are as set out in paragraphs (2) to (4).

(2)

In relation to a notice served on P under section 19(3) of the Act (notice of decision of registration authority) to cancel the registration—

(a)

an appeal by P to the Tribunalf1 against that notice;

(b)

the decision of the Tribunal on an appeal by P against that notice; and

(c)

where no appeal is brought by Pf2.

F1(2A)

In relation to a notice served on P under section 19(3) of the Act (notice of decision of registration authority) to suspend the registration or extend the period of suspension—

(a)

an appeal by P to the Tribunal against that notice;

(b)

the decision of the Tribunal on an appeal by P against that notice; and

(c)

where no appeal is brought by P.

(2B)

In relation to a notice served on P under section 20B of the Act (urgent procedure for suspension or variation) to suspend or vary the registration or to add a condition to or remove a condition from the registration—

(a)

if that notice ceases to have effect;

(b)

an appeal by P to the Tribunal against that notice; and

(c)

the decision of the Tribunal on an appeal by P against that notice.

(3)

Where the registration authority has brought proceedings against P for a relevant offence—

(a)

the withdrawal, by the registration authority, of the proceedings against P;

(b)

the decision of the court in the proceedings;

(c)

an appeal by P against that decision; and

(d)

the outcome of the appeal.

(4)

In relation to a notice served on P under section 22B of the Act—

(a)

if that notice ceases to have effectf3;

(b)

an appeal by P to the Tribunal against that notice; and

(c)

a decision by the Tribunal under section 21(4A)f4 of the Act to confirm the notice F2or direct that the notice ceases to have effect.

Annotations

Textual amendments

F1

Reg. 4(2A)(2B) inserted (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 30(3)(a) (with reg. 44)

F2

Words in reg. 4(4)(c) inserted (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 30(3)(b) (with reg. 44)

Commencement

I1

Reg. 4 in force at 1.4.2011, see reg. 1(1)

Footnotes

f1

See section 121 of the Act for the definition of “the Tribunal”. An appeal to the Tribunal may be made under section 21 of the Act.

f2

Section 19(5) of the Act provides that, where no appeal is brought by P, a decision of the registration authority to adopt a proposal to cancel the registration shall not take effect until the expiration of 28 days after service on P of the notice of the decision to cancel the registration. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority in relation to England under section 5 of the Act.

f3

See section 22B(4) of the Act for the circumstances in which a notice ceases to have effect.

f4

Section 21(4A) was inserted into the Act by section 28(4) of the 2008 Act.