Section 12 Ordinary procedure for registration etc. under Part I.

England and Wales

(1)

Subject to subsection (2) below, where—

(a)

a person applies for registration under this Part of this Act; and

(b)

the registration authority propose to grant his application,

the authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application.

(2)

The registration authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which—

(a)

the applicant specified in the application; or

(b)

the authority and the applicant have subsequently agreed.

(3)

The registration authority shall give an applicant notice of a proposal to refuse his application.

(4)

Except where they make an application under section 11 above, the registration authority shall give any person registered in respect of a residential care 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 Part of this Act; or

(c)

to impose any additional condition.

(5)

A notice under this section shall give the registration authority’s reasons for their proposal.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.4.2002) by Care Standards Act 2000 (c. 14), s. 117(2), Sch. 6; S.I. 2001/3852, art. 3(7)(j) (subject to art. 2, Sch. 1 (as amended: (27.3.2002) by S.I. 2002/1493, art. 5; (31.5.2002) by S.I. 2002/1790, art. 2; (8.12.2005) by S.I. 2005/3397, art. 2)); S.I. 2002/920, art. 3(3)(g) (subject to art. 3(5)-(10) and with art. 2, Schs. 1-3)

Notes on Part I

Modifications

C1: Pt. I (ss. 1-20) modified (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20, SIF 113:3), s. 2(3); S.I. 1992/2240, art.2