The Health and Social Care Act 2008 (Primary Dental Services, Private Ambulance Services and Primary Medical Services) (Regulated Activities) (Transitory and Transitional Provisions) Order 2010

Transitory modification of, and transitional provisions relating to the exercise of powers under, section 19 of the Act

9.—(1) Where a decision has been made by the Commission to grant a transitional application—

(a) the Commission may subsequently consider an application made under section 19(1)(a) or (b) of the Act (applications by registered persons) by the person who made the transitional application, notwithstanding that the period of their registration as service provider or registered manager has not yet commenced; and

(b) when it does consider such an application, section 19(1)(a) is modified as if “for the time being in force” were omitted.

(2) Where the Commission, having considered an application under section 19(1)(a) or (b) of the Act as provided for in paragraph (1), decides to refuse such application—

(a) sections 26(5) (notice of proposal) and 28(3) and (4) (notice of decisions) do not apply; and

(b) the Commission must follow the procedure set out in the following paragraphs.

(3) The Commission must give the person who has made the application under section 19(1)(a) or (b) as provided for in paragraph (1) notice in writing of its decision under paragraph (2).

(4) The Commission must follow the procedure set out in paragraphs (4) and (6) to (11) of article 5 as though references in those paragraphs to a decision under paragraph (1) of article 5 were references to the Commission’s decision under paragraph (2) of this article.