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Registration procedure |
| Notice of proposals. |
17. - (1) Subsections (2) and (3) apply where a person applies for registration in respect of an establishment or agency.
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(2) If the registration authority proposes to grant the application subject to any conditions which have not been agreed in writing between it and the applicant, it shall give the applicant written notice of its proposal and of the conditions subject to which it proposes to grant his application.
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(3) The registration authority shall give the applicant notice of a proposal to refuse the application.
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(4) Except where it makes an application under section 20, the registration authority shall give any person registered in respect of an establishment or agency notice of a proposal-
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(a) to cancel the registration (otherwise than in accordance with an application under section 15(1)(b)); |
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(b) to vary (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or |
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(c) to impose any additional condition in relation to the registration. |
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(5) The registration authority shall give the applicant notice of a proposal to refuse an application under section 15(1)(a).
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(6) A notice under this section shall give the registration authority's reasons for its proposal.
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| Right to make representations. |
18. - (1) A notice under section 17 shall state that within 28 days of service of the notice any person on whom it is served may make written representations to the registration authority concerning any matter which that person wishes to dispute.
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(2) Where a notice has been served under section 17, the registration authority shall not determine any matter to which the notice relates until either-
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(a) any person on whom the notice was served has made written representations to it concerning the matter; |
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(b) any such person has notified the registration authority in writing that he does not intend to make representations; or |
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(c) the period during which any such person could have made representations has elapsed. |
| Notice of decisions. |
19. - (1) If the registration authority decides to grant an application for registration in respect of an establishment or agency unconditionally, or subject only to conditions which have been agreed in writing between it and the applicant, it shall give the applicant written notice of its decision.
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(2) A notice under subsection (1) shall state the agreed conditions.
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(3) If the registration authority decides to adopt a proposal under section 17, it shall serve notice in writing of its decision on any person on whom it was required to serve notice of the proposal.
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(4) A notice under subsection (3) shall-
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(a) explain the right of appeal conferred by section 21; |
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(b) in the case of a decision to adopt a proposal under section 17(2), state the conditions subject to which the application is granted; and |
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(c) in the case of a decision to adopt a proposal under section 17(4)(b) or (c), state the condition as varied or (as the case may be) the additional condition imposed. |
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(5) Subject to subsection (6), a decision of the registration authority to adopt a proposal under section 17(2) or (4) shall not take effect-
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(a) if no appeal is brought, until the expiration of the period of 28 days referred to in section 21(2); and |
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(b) if an appeal is brought, until it is determined or abandoned. |
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(6) Where, in the case of a decision to adopt a proposal under section 17(2), the applicant notifies the registration authority in writing before the expiration of the period mentioned in subsection (5)(a) that he does not intend to appeal, the decision shall take effect when the notice is served.
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| Urgent procedure for cancellation etc. |
20. - (1) If-
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(a) the registration authority applies to a justice of the peace for an order- |
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(i) cancelling the registration of a person in respect of an establishment or agency;
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(ii) varying any condition for the time being in force by virtue of this Part; or
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(iii) imposing an additional condition; and
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(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being, |
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the justice may make the order, and the cancellation, variation or imposition shall have effect from the time when the order is made.
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(2) An application under subsection (1) may, if the justice thinks fit, be made without notice.
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(3) As soon as practicable after the making of an application under this section, the registration authority shall notify the appropriate authorities of the making of the application.
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(4) An order under subsection (1) shall be in writing.
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(5) Where such an order is made, the registration authority shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency-
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(a) a copy of the order; and |
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(b) notice of the right of appeal conferred by section 21. |
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(6) For the purposes of this section the appropriate authorities are-
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(a) the local authority in whose area the establishment or agency is situated; |
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(b) the Health Authority in whose area the establishment or agency is situated; and |
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(c) any statutory authority not falling within paragraph (a) or (b) whom the registration authority thinks it appropriate to notify. |
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(7) In this section "statutory authority" means a body established by or under an Act of Parliament.
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| Appeals to the Tribunal. |
21. - (1) An appeal against-
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(a) a decision of the registration authority under this Part; or |
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(b) an order made by a justice of the peace under section 20, |
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shall lie to the Tribunal.
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(2) 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.
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(3) On an appeal against a decision of the registration authority the Tribunal may confirm the decision or direct that it shall not have effect.
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(4) 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.
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(5) The Tribunal shall also have power on an appeal against a decision or order-
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(a) to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates; |
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(b) to direct that any such condition shall cease to have effect; or |
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(c) to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency. |
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Regulations and standards |
| Regulation of establishments and agencies. |
22. - (1) Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and may in particular make any provision such as is mentioned in subsection (2), (7) or (8).
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(2) Regulations may-
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(a) make provision as to the persons who are fit to carry on or manage an establishment or agency; |
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(b) make provision as to the persons who are fit to work at an establishment or for the purposes of an agency; |
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(c) make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency; |
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(d) make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency; |
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(e) make provision for securing the welfare of children placed, under section 23(2)(a) of the 1989 Act, by a fostering agency; |
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(f) make provision as to the management and control of the operations of an establishment or agency; |
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(g) make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency; |
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(h) make provision as to the management and training of such persons; |
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(i) impose requirements as to the financial position of an establishment or agency; |
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(j) make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances. |
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(3) Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, one of the registers maintained under section 55(1).
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(4) Regulations under subsection (2)(b) may, in particular, make provision for prohibiting persons from working in such positions as may be prescribed at an establishment, or for the purposes of an agency, unless they are registered in, or in a particular part of, one of the registers maintained under section 55(1).
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(5) Regulations under paragraph (d) of subsection (2) may, in particular, make provision-
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(a) as to the promotion and protection of the health of persons such as are mentioned in that paragraph; |
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(b) as to the control and restraint of adults accommodated in, or provided with services by, an establishment; |
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(c) as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment. |
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(6) Regulations under paragraph (e) of subsection (2) may, in particular, make provision-
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(a) as to the promotion and protection of the health of children such as are mentioned in that paragraph; |
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(b) as to the control, restraint and discipline of such children. |
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(7) Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular-
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(a) make provision as to the facilities and services to be provided in establishments and by agencies; |
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(b) make provision as to the keeping of accounts; |
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(c) make provision as to the keeping of documents and records; |
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(d) make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies; |
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(e) make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice; |
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(f) provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it; |
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(g) make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on; |
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(h) make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers; |
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(i) make provision requiring the payment of a fee of such amount as may be prescribed in respect of any notification required to be made by virtue of paragraph (h); |
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(j) make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements; |
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(k) make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards; |
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(l) make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards. |
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(8) Regulations may make provision-
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(a) requiring the approval of the appropriate Minister for the provision and use of accommodation for the purpose of restricting the liberty of children in children's homes; |
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(b) imposing other requirements (in addition to those imposed by section 25 of the 1989 Act (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose mentioned in paragraph (a), including a requirement to obtain the permission of any local authority who are looking after the child; |
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(c) as to the facilities which are to be provided for giving religious instruction to children in children's homes. |
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(9) References in this section to agencies do not include references to voluntary adoption agencies.
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(10) In subsection (7)(k), "listed services" has the same meaning as in section 2.
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