Section 13 Right to make representations.C1

England and Wales

(1)

A notice under section 12 above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the registration authority to give him an opportunity to make representations to them concerning the matter.

(2)

Where a notice has been served under section 12 above, the registration authority shall not determine the matter until either—

(a)

any person on whom the notice was served has made representations concerning the matter; or

(b)

the period during which any such person could have required them to give him an opportunity to make representations has elapsed without their 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 registration authority to give him an opportunity to make representations to them concerning the matter;

(b)

that the registration authority have allowed him a reasonable period to make his representations; and

(c)

that he has failed to make them within that period.

(4)

Representations may be made, at the option of the person making them, either in writing or orally.

(5)

If he informs the registration authority that he desires to make oral representations, they shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the registration authority.

Annotations

Modifications

C1: S. 13 applied (with modifications) (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 18; S.I. 2000/2849, art.

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F1: Act repealed (1.4.2002) by Care Standards Act 2000 (c. 14), s. 117(2), Sch. 6; S.I. 2001/3852, art. 3(7)(j) (subject to art. 2, Sch. 1 (as amended: (27.3.2002) by S.I.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