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Health and Social Care Act 2008

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This is the original version (as it was originally enacted).

30Urgent procedure for cancellation
This sectionnoteType=Explanatory Notes has no associated

(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—

(a)to such Primary Care Trust or English local authority as may be determined in accordance with regulations,

(b)where the person registered as a service provider is a Primary Care Trust or National Health Service trust, to such Strategic Health Authority as may be so determined,

(c)where the person registered as a service provider is an NHS foundation trust, to the Independent Regulator of NHS Foundation Trusts, and

(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.

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