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Section 20B Urgent procedure for suspension or variation etc...F1F7

England and Wales

(1)

Subsection (2) applies where—

(a)

a person is registered under this Part in respect of an establishment or agency F2..., and

(b)

the F3registration authority has reasonable cause to believe that unless F4 it acts under this section any person will or may be exposed to the risk of harm.

(2)

Where this subsection applies, the F5registration authority may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the registration authority that is mentioned in subsection (3) to take effect from the time when the notice is given.

(3)

Those decisions are—

(a)

a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

(b)

a decision under section 14A to suspend the registration or extend the period of suspension.

(4)

The notice must—

(a)

state that it is given under this section,

(b)

state the F6registration authority's reasons for believing that the circumstances fall within subsection (1)(b),

(c)

specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

(d)

explain the right of appeal conferred by section 21.

Annotations

Textual amendments

F1

Ss. 20A, 20B inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 19; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F2

Words in s. 20B(1)(a) omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 102(5)(a), 139(4)

F3

Words in s. 20B(1)(b) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(5)(b)(i), 139(4)

F4

Words in s. 20B(1)(b) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(5)(b)(ii), 139(4)

F5

Words in s. 20B(2) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(6), 139(4)

F6

Words in s. 20B(4)(b) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(7), 139(4)

F7

Word in s. 20B heading omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 102(4), 139(4)

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)