Section 5 Cancellation of registration.

England, Wales and Scotland

Where—

(a)

there has been a contravention of, or non-compliance with, any requirement imposed under section two of this Act in relation to any premises or person registered under section one thereof, or

(b)

it appears to F1the local health authoritythe local social services authority as respects any premises or person registered under the said section one, that cirumstances exist which would justify a refusal under subsection (3) or subsection (4) of that section to register the premises or person, the local health authoritythe local social services authority may by order cancel the registration:

Provided that where a requirement to carry out repairs or make alterations or additions has been imposed under paragraph (c) of subsection (4) of section two of this Act, the registration of the premises shall not be cancelled by virtue of paragraph (b) of this section on the grounds that the premises are not fit to be used for the reception of children if—

(i)

the time limited by subsection (7) of the said section two for complying with the requirement has not expired, and

(ii)

it is shown that the condition of the premises is due to the repairs not having been carried out or the alterations or additions not having been made.

Annotations

Textual amendments

F1: Words “the local social services authority” substituted (E.W.) for words “the local health authority” by Local Government Act 1972 (c. 70), Sch. 23 para. 4(1)

Notes on the whole Act

Textual amendments

F1: Act repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15; S.I 1991/828, art. 3(2) .