The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009

Transitional applications where there is an outstanding matter relating to a notice of proposal to vary or remove a condition, impose an additional condition, suspend registration or extend a period of suspension

10.—(1) This article applies where―

(a) a notice of proposal has been given to an existing registrant under section 26(4)(b), (c) or (d) of the Act, in relation to an existing registration, to―

(i) suspend registration,

(ii) extend a period of suspension,

(iii) vary or remove a condition, or

(iv) impose any additional condition; and

(b) either―

(i) paragraph (2)(a), (b) or (c) applies in respect of that notice of proposal on a date on which the Commission makes a determination in relation to that registrant, or

(ii) paragraph (4)(a), (b), (c) or (d) applies at any time after a decision has been made by the Commission to grant a transitional application.

(2) This paragraph applies where―

(a) the Commission has not withdrawn that proposal and no notice of decision has been given under section 28 of the Act;

(b) a notice of decision has been given under section 28 of the Act, no notification has been given under section 28(7) of the Act, the time for making an appeal under section 32(2) of the Act has not elapsed and no appeal has been made; or

(c) an appeal has been made under section 32(2) of the Act but that appeal has not been determined or withdrawn.

(3) Where, at the time a determination falls to be made by the Commission―

(a) paragraph (2)(a) applies, the Commission must consider the notice of proposal and any representations received within the time period specified in section 27(1) of the Act (right to make representations) in making that determination;

(b) paragraph (2)(b) applies, the Commission must consider the notice of decision in making that determination; or

(c) paragraph (2)(c) applies, the Commission must consider the notice of decision and the grounds of appeal in making that determination.

(4) Where, after a decision has been made by the Commission to grant a person’s transitional application, the Commission gives a notice of decision under section 28 of the Act to―

(a) suspend registration;

(b) extend a period of suspension;

(c) vary or remove a condition; or

(d) impose any additional condition,

in relation to the existing registration of that person, the Commission must consider whether it should exercise its powers under section 12(5) (conditions of registration) or 18 (suspension of registration) of the Act in relation to the person’s new registration.

(5) Where the Tribunal makes, in respect of a notice of decision to which this article applies, a decision pursuant to section 32 of the Act (appeals to the Tribunal), the Commission must, if notice of that decision is sent to it―

(a) before it makes a determination in respect of the applicant, reflect that decision in that determination; or

(b) after it has made a decision to grant a transitional application, consider whether it needs to exercise its powers under section 12(5) or 18 of the Act in order to reflect that decision.