# Health And Social Services And Social Security Adjudications Act 1983, Paragraph 32


The following sections shall be inserted after that section—
“ Urgent procedure for cancellation of registration etc.
8A (1) If—
(a) the Secretary of State applies to a justice of the peace for an order––
(i) cancelling the registration of a person in respect of a nursing home or mental nursing home;
(ii) varying any condition for the time being in force in respect of a home by virtue of this Act; or
(iii) imposing an additional condition; and
(b) it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the patients in the home unless the order is made.
he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.
(2) An application under subsection (1) above may be made ex parte and shall be supported by a written statement of the Secretary of State’s reasons for making the application.
(3) An order under subsection (1) above shall be in writing.
(4) Where such an order is made, the Secretary of State shall serve on any person registered in respect of the home, as soon as practicable after the making of the order,—
(a) notice of the making of the order and of its terms; and
(b) a copy of the statement of the Secretary of State’s reasons which supported his application for the order.
Ordinary procedure.
8B (1) Where—
(a) a person applies for registration in respect of a nursing home or mental nursing home; and
(b) the Secretary of State proposes to grant his application,
the Secretary of State shall give him written notice of his proposal and of the conditions subject to which he proposes to grant his application.
(2) The Secretary of State shall give an applicant notice of a proposal to refuse his application.
(3) Except where he makes an application under section 8A above, the Secretary of State shall give any person registered in respect of a nursing home or mental nursing home notice of a proposal—
(a) to cancel the registration;
(b) to vary any condition for the time being in force in respect of the home by virtue of this Act; or
(c) to impose any additional condition.
(4) A notice under this section shall give the Secretary of State’s reasons for his proposal.
Right to make representations.
8C (1) A notice under section 8B above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the Secretary of State to give him an opportunity to make representations to him concerning any matter which that person wishes to dispute.
(2) Where a notice has been served under section 8B above, the Secretary of State shall not determine any matter in dispute until either—
(a) any person on whom the notice was served has made representations to him concerning the matter; or
(b) the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or
(c) the conditions specified in subsection (3) below are satisfied.
(3) The conditions mentioned in subsection (2) above are—
(a) that a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to him concerning the matter;
(b) that the Secretary of State has allowed him a reasonable period to make his representations; and
(c) that he has failed to make them within that period.
(4) the representations may be made, at the option of the person making them, either in writing or orally.
(5) If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before and of being heard by a person appointed by the Secretary of State.
Decision of Secretary of State.
8D (1) If the Secretary of State decides to adopt the proposal, he shall serve notice in writing of his decision on any person on whom he was required to serve notice of the proposal.
(2) A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 8E below.
(3) A decision of the Secretary of State, other than a decision to grant an application for registration subject only to conditions agreed between the applicant and the Secretary of State or to refuse an application for registration, shall not take effect—
(a) if no appeal is brought, until the expiration of the period of 28 days referred to in section 8E(3) below; and
(b) if an appeal is brought, until it is determined or abandoned.
Appeals.
8E (1) An appeal against—
(a) a decision of the Secretary of State under this Act; or
(b) an order made by a justice of the peace under section 8A above,
shall lie to a Registered Homes Tribunal.
(2) An appeal shall be brought by notice in writing given to the Secretary of State.
(3) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.
(4) On an appeal against a decision of the Secretary of State the Tribunal may confirm the decision or direct that it shall not have effect.
(5) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.
(6) A Tribunal shall also have power on an appeal against a decision or order—
(a) to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Act;
(b) to direct that any such condition shall cease to have effect; or
(c) to direct that any such condition as it thinks fit shall have effect in respect of the home.
(7) The Secretary of State shall comply with any directions of a Tribunal given under this section.”.

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Source: https://www.legislation.gov.uk/ukpga/1983/41/schedule/4/paragraph/32 (the official version)
Page: https://openlegislation.uk/health-and-social-services-and-social-security-adjudications-act-1983/schedule-4/paragraph-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.