Section 17 Cancellation of registrationC2C3I1I2C1
England and Wales
The Commission may at any time cancel the registration of a person (“R”) under this Chapter as a service provider or manager in respect of a regulated activity—
on the ground that R has been convicted of, or admitted, a relevant offence;
on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity;
on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;
on the ground that R has failed to comply with a requirement imposed by or under Chapter 6;
on any ground specified by regulations.
The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if—
no-one is registered under this Chapter as a service provider in respect of the activity, or
the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition.
For the purposes of this section, the following are relevant offences—
a Part 1 offence,
an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it,
an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, F1...
an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) or specified in regulations made under section 45 or 46 of that Act, and
any other offence which appears to the Commission to be relevant.
In this section “relevant requirements” means—
any requirements or conditions imposed by or under this Chapter, and
the requirements of any other enactment which appears to the Commission to be relevant.
Annotations
Textual amendments
- F1
Word in s. 17(3)(c) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 41(2)
- F2
S. 17(3)(ca) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 41(3)
Modifications
- C1
S. 17 modified (6.4.2015) by Care Act 2014 (c. 23), ss. 57(3), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
- C2
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
- C3
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Commencement
- I1
S. 17 partly in force; S. 17 in force for specified purposes at Royal Assent, see s. 170
- I2
S. 17 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 19 (with Pt. 3)
- I3
S. 17(1)(3)(4) in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2, Sch. 1 para. 6
Notes on Part 1
Modifications
- C1
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
- C2
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Notes on Chapter 2
Modifications
- C1
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
- C2
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)