The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009

Exemptions from the requirement to notify bodies of certain matters

9.  Section 39(1) of the Act does not apply in the following cases—

(a) a notice given under—

(i) section 26(3) of the Act (notice of proposals); or

(ii) section 28(1) or (3) of the Act (notice of decisions),

to a person who applies for registration as a service provider;

(b) a notice of proposal given under section 26(4)(c) or (d) of the Act, or a notice of decision given under section 28(3) of the Act, which—

(i) relates to the variation or removal of any condition for the time being in force in relation to a registration or the imposition of an additional condition in relation to a registration, and

(ii) appears to the Commission not to have a material impact on the regulated activity being carried on;

(c) a notice of proposal given under section 26(5) of the Act or a notice of decision given under section 28(3) of the Act to refuse an application by the service provider under section 19(1)(a), (b) or (c) of the Act; and

(d) a warning notice given under section 29 of the Act which appears to the Commission not to have a material impact on the regulated activity being carried on.