Modifications etc. (not altering text)
C1 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
C2 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
C3Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
C4Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
(1)If—
(a)the Commission applies to a justice of the peace for an order cancelling the registration of a person as a service provider or manager in respect of a regulated activity, 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 has 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 having been given to the registered person.
(3)As soon as practicable after the making of an application under this section, the Commission must give notice of the application—
[F1(za)in any case where regulations so provide, to [F2NHS England],]
(a)[F3in any case where regulations so provide,] to such [F4integrated care board] F5... or English local authority as may be determined in accordance with regulations,
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)to such other persons as the Commission considers appropriate.
(4)An order under subsection (1) must be in writing.
(5)Where such an order is made, the Commission must, as soon as practicable after the making of the order, serve on the person registered as a service provider or manager in respect of the regulated activity—
(a)a copy of the order, and
(b)notice of the right of appeal conferred by section 32.
Textual Amendments
F1S. 30(3)(za) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 155(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 30 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 30(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 155(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 30(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 161; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 30(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 155(b)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6S. 30(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 155(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7S. 30(3)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 36; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 30 partly in force; S. 30 in force for specified purposes at Royal Assent, see s. 170
I2S. 30 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2, Sch. 1 para. 11
I3S. 30 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 22 (with Pt. 3)