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Regulation 15 Application for cancellation of registration

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this regulation—

  • “application for cancellation” means an application by the registered person under section 15(1)(b) of the Act for the cancellation of his registration;

  • “notice of application for cancellation” means a notice by the registered person stating that he has made, or intends to make, an application for cancellation;

  • “proposed effective date” means the date requested by the registered person as the date on which the cancellation applied for is to take effect.

(2)

An application for cancellation shall be—

(a)

made in writing on a form approved by the Commission;

(b)

sent or delivered to the Commission not less than three months before the proposed effective date or such shorter period (if any) before that date as may be agreed with the Commission;

(c)

accompanied by the information specified in paragraph (4).

(3)

If the registered person makes an application for cancellation he shall not more than seven days thereafter give notice of application for cancellation to each of the persons specified in paragraph (4)(d), other than a person to whom he has given such notice within three months before he made the application for cancellation.

(4)

The following information is specified—

(a)

the proposed effective date;

(b)

a statement as to the arrangements (if any) that have been made by the registered person to ensure that on and after—

(i)

the date of application for cancellation; and

(ii)

the proposed effective date,

service users will continue to be provided with similar accommodation (if any) and services as those provided to them in the establishment or by the agency at the date on which the application for cancellation is made;

(c)

the registered person’s reasons for making the application for cancellation;

(d)

particulars of any notice of application for cancellation that has been given to any of the following persons—

(i)

service users;

(ii)

persons who appear to the registered person to be representatives of service users;

(iii)

the local authority and Health Authority in whose areas the establishment or the premises used by the agency are situated;

(e)

where the registered person has not given notice of application for cancellation to—

(i)

each service user;

(ii)

in respect of each service user, a person who appears to the registered person to be a representative of that service user; and

(iii)

each of the bodies specified in sub-paragraph (4)(d)(iii),

a statement as to whether there were any circumstances which prevented the registered person from giving, or made it impracticable for him to give, notice of application for cancellation to any of the persons or bodies referred to in heads (i) to (iii) of this sub-paragraph before the date on which he applied for cancellation;

(f)

where the registered person has applied for cancellation less than three months before the proposed effective date, a report as to whether the establishment or agency has ceased, or is likely to cease within the next following twelve months, to be financially viable.

(5)

The registered person shall provide the Commission with any other information or any documents that it may reasonably require in relation to his application for cancellation.