Section 89 Publication of information relating to enforcement action etc.I1I2
England and Wales
Regulations may authorise or require the publication by the Commission of prescribed information relating to—
the cancellation or suspension of a person's registration under Chapter 2;
the conviction of any person in respect of a Part 1 offence and the penalty imposed;
the variation or removal under section 12(5)(a) or 15(5)(a) of any condition for the time being in force in relation to a person's registration;
the imposition under section 12(5)(b) or 15(5)(b) of any additional condition;
a warning notice under section 29 F1or 29A;
the payment by any person of a penalty in accordance with a penalty notice issued under section 86, and the offence to which the notice relates.
Any regulations made by virtue of subsection (1)(e) must require the Commission, before publishing information relating to a warning notice under section 29 F2or 29A, to provide the person to whom the notice was given with an opportunity to make representations to the Commission relating to the matters dealt with in the notice.
The regulations may prescribe the time when, and manner in which, any information is to be published.
Annotations
Textual amendments
- F1
Words in s. 89(1)(e) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 82(4)(c), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
- F2
Words in s. 89(2) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 82(4)(c), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
Commencement
- I1
S. 89 partly in force; S. 89 in force for specified purposes at Royal Assent, see s. 170
- I2
S. 89 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 29
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)
- C3
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)
- C4
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)
Notes on Chapter 6
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)
- C3
Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)