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Children's Homes Act 1982

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7Appeals

(1)Where a person is notified by a local authority that they have refused his application for registration, have imposed any condition or propose to cancel the registration of a home, he may, within the period of twenty-eight days beginning with the date on which he is so notified, appeal against that refusal, condition or proposal by a notice given to the local authority and requiring them to refer that matter to an appeal tribunal constituted in accordance with Schedule 3 to the Child Care Act 1980.

(2)Subsections (4) to (6) of section 58 of that Act (procedure and expenses of tribunals) shall, with the necessary modifications, apply in relation to appeal tribunals constituted in accordance with that Schedule for the purposes of this section as they apply in relation to appeal tribunals so constituted for the purposes of section 58.

(3)Where an appeal is brought under this section against the refusal of an application for registration, then—

(a)the home shall continue to be treated for the purposes of this Act as if it were registered thereunder until such time as the appeal is determined or abandoned (in this section referred to, in relation to any appeal under this section, as " the relevant time "); and

(b)the period of six months mentioned in section 3(8) above shall, instead of beginning as there provided, begin at the relevant time; and the appeal tribunal may on any such appeal either confirm the refusal of the application or direct that the home shall be registered.

(4)Where an appeal is brought under this section against the imposition of a condition, that condition shall not take effect before the relevant time; and the appeal tribunal may on any such appeal either confirm the imposition of the condition or direct that it shall not apply or that some other condition or conditions specified by the tribunal shall apply instead.

(5)Where an appeal is brought under this section against a proposal to cancel the registration of any home—

(a)the cancellation shall not take effect before the relevant time; and

(b)the period of six months mentioned in section 6(5) above shall, instead of beginning as there provided,

begin at the relevant time; and the appeal tribunal may on any such appeal either confirm the proposal to cancel the registration of the home or direct that it shall not be cancelled.

(6)A local authority shall comply with any directions given by an appeal tribunal under this section.

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