OpenLegislation

Section 22B Notice restricting accommodation at certain establishmentsF1C1

England and Wales

(1)

The F2CIECSS may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.

(2)

The requirement is to ensure that no child is accommodated at the establishment unless the child—

(a)

was accommodated there when the notice was served; and

(b)

has continued to be accommodated there since the notice was served.

(3)

A notice under subsection (1) must—

(a)

explain the requirement imposed by the notice;

(b)

specify the establishment in relation to which that requirement is imposed;

(c)

give the F3CIECSS's reasons for serving the notice;

(d)

explain the right of appeal conferred by section 21.

(4)

A notice under subsection (1) ceases to have effect—

(a)

at such time as may be specified in the notice;

(b)

if the F4CIECSS serves a notice to that effect on the person on whom the notice under subsection (1) was served;

(c)

if the Tribunal so directs under section 21(4A) or (4B).

(5)

Subsection (6) applies if—

(a)

the F5CIECSS serves a notice on a person under subsection (1) or (4)(b); and

(b)

one or more other persons are registered in respect of the establishment to which the notice relates.

(6)

The F6CIECSS must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).

(7)

The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).

(8)

This section applies to the following establishments—

(a)

a children's home F7in England;

(b)

a residential family centre F8in England.

Annotations

Textual amendments

F1

S. 22B inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 27, 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

F2

Word in s. 22B(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F3

Word in s. 22B(3)(c) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F4

Word in s. 22B(4)(b) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(c); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F5

Word in s. 22B(5)(a) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(d); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F6

Word in s. 22B(6) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(e); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F7

Words in s. 22B(8)(a) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(f)(i); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F8

Words in s. 22B(8)(b) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(f)(ii); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

Modifications

C1

S. 22B 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. 10 (with reg. 1(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)