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Regulation and Inspection of Social Care (Wales) Act 2016

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This is the original version (as it was originally enacted).

25Urgent variation of registration: other conditions
This section has no associated Explanatory Notes

(1)This section applies where the Welsh Ministers think that unless they act under this section there is, or may be, a risk—

(a)to a person’s—

(i)life, or

(ii)physical or mental health, or

(b)of a person suffering from abuse or neglect.

(2)The Welsh Ministers may give a decision notice to a service provider—

(a)varying a condition imposed under section 7(3)(b), 12(2), 13(1) or previously imposed under this section, or

(b)imposing a condition that could have been imposed under any of those sections.

(3)A decision notice given under subsection (2) takes effect on the day it is given.

(4)A decision notice given under subsection (2) must—

(a)state that it is given under this section,

(b)specify the condition to be varied or imposed,

(c)give reasons for imposing or varying the condition,

(d)explain the right to make representations conferred by subsection (5), and

(e)explain the right of appeal conferred by section 26.

(5)The Welsh Ministers may vary or remove a condition varied or imposed under subsection (2) by giving a further decision notice to the service provider, but before doing so they must have regard to any representations made to them by the service provider about the notice given under subsection (2).

(6)A decision notice given under subsection (5) takes effect on the day it is given.

(7)A decision notice given under subsection (5) must—

(a)state that it is given under this section,

(b)specify the condition to be varied or removed,

(c)give reasons for the decision, and

(d)explain the right of appeal conferred by section 26.

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