20[F1 Urgent procedure for cancellation, variation etc: England]E+W
(1)If[F2 in respect of an establishment or agency for which the CIECSS is the registration authority]
(a)[F3the CIECSS] applies to a justice of the peace for an order—
(i)cancelling the registration of a person in respect of [F4the] establishment or agency;
(ii)varying or removing any condition for the time being in force by virtue of this Part; or
(iii)imposing an additional condition; and
(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,
the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.
(2)An application under subsection (1) may, if the justice thinks fit, be made without notice.
(3)As soon as practicable after the making of an application under this section, [F5the CIECSS] shall notify the appropriate authorities of the making of the application.
(4)An order under subsection (1) shall be in writing.
(5)Where such an order is made, [F6the CIECSS] shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—
(a)a copy of the order; and
(b)notice of the right of appeal conferred by section 21.
[F7(6)For the purposes of this section the appropriate authorities are—
(a)the local authority in whose area the establishment or agency is situated; and
(b)any other statutory authority whom the CIECSS thinks it appropriate to notify.]
(7)In this section “statutory authority” means a body established by or under an Act of Parliament.
Textual Amendments
F1S. 20 heading substituted (1.10.2010) by virtue of Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(6); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F2Words in s. 20(1) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(2)(a); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F3Words in s. 20(1)(a) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(2)(b); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F4Word in s. 20(1)(a)(i) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(2)(c); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F5Words in s. 20(3) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(3); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F6Words in s. 20(5) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F7S. 20(6) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 18(5); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
Modifications etc. (not altering text)
C1S. 20 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 7 (with reg. 1(2))
C2S. 20(2)(4)(5) applied (W.) (1.4.2003) by S.I. 2003/237, reg. 52(5) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))
C3S. 20(2)(4)(5) applied (W.) (1.9.2003) by The Residential Family Centres (Wales) Regulations 2003 (S.I. 2003/781), reg. 34(5)
Commencement Information
I1S. 20 partly in force; s. 20 not in force at Royal Assent see s. 122; s. 20 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 20 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 20 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 20 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 20 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 20 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2