OpenLegislation

Section 20 Urgent procedure for cancellation, variation etc: EnglandF7I1C1

England and Wales

(1)

IfF1 in respect of an establishment or agency for which the CIECSS is the registration authority

(a)

F2the CIECSS applies to a justice of the peace for an order—

(i)

cancelling the registration of a person in respect of F3the establishment or agency;

(ii)

varying or removing any condition for the time being in force by virtue of this Part; or

(iii)

imposing an additional condition; and

(b)

it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being,

the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.

C2C3(2)

An application under subsection (1) may, if the justice thinks fit, be made without notice.

(3)

As soon as practicable after the making of an application under this section, F4the CIECSS shall notify the appropriate authorities of the making of the application.

(4)

An order under subsection (1) shall be in writing.

(5)

Where such an order is made, F5the CIECSS shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a)

a copy of the order; and

(b)

notice of the right of appeal conferred by section 21.

F6(6)

For the purposes of this section the appropriate authorities are—

(a)

the local authority in whose area the establishment or agency is situated; and

(b)

any other statutory authority whom the CIECSS thinks it appropriate to notify.

(7)

In this section “statutory authority” means a body established by or under an Act of Parliament.

Annotations

Textual amendments

F1

Words in s. 20(1) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(2)(a); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F2

Words in s. 20(1)(a) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(2)(b); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F3

Word in s. 20(1)(a)(i) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(2)(c); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F4

Words in s. 20(3) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(3); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F5

Words in s. 20(5) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F6

S. 20(6) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(5); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F7

S. 20 heading substituted (1.10.2010) by virtue of Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(6); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications

C1

S. 20 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 7 (with reg. 1(2))

C2

S. 20(2)(4)(5) applied (W.) (1.4.2003) by S.I. 2003/237, reg. 52(5) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))

C3

S. 20(2)(4)(5) applied (W.) (1.9.2003) by The Residential Family Centres (Wales) Regulations 2003 (S.I. 2003/781), reg. 34(5)

Commencement

I1

S. 20 partly in force; s. 20 not in force at Royal Assent see s. 122; s. 20 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 20 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 20 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 20 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 20 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 20 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Notes on Part II

Modifications

C1

Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2

C2

Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C3

Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3

C4

Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5

Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6

Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

C7

Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

C8

Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)