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

Transitional provisions relating to supplementary transitional applications

10.—(1) This article applies where a person makes a supplementary transitional application.

(2) Article 4(1) and (2) applies to an application to which this article applies as if for “transitional application” there were substituted “supplementary transitional application”.

(3) Article 5(1) to (4) and (6) to (11) applies to an application to which this article applies as if—

(i) in article 5(1)—

(aa) for “as modified by article 4” there were substituted “as modified by article 4(1) and (2) as applied to a supplementary transitional application” and

(bb) for “transitional application” there were substituted “supplementary transitional application”;

(ii) in article 5(8), for “from 1st April 2011 or, if later, the date of the grant of registration” there were substituted “from the date of the grant of the registration”;

(iii) in article 5(10), for “from 1st April 2011 or, if later, the date of the notice” there were substituted “from the date of the notice”; and

(iv) in article 5(11), the words “1st April 2011, or, if later,”, in both places they occur, were omitted.

(4) Where, pursuant to section 12 or 15 of the Act (grant or refusal of registration as a service provider or manager), as modified by article 4(1) and (2) as amended by paragraph (2), the Commission proposes to refuse a supplementary transitional application, and it must therefore give a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration), it must use its best endeavours to give such notice to the applicant or person to be registered as a manager (as the case may be) as soon as reasonably practicable after the decision to propose refusal is made.

(5) Any subsequent notice of decision relating to that refusal given under section 28(3) of the Act (notice of decisions) must, in addition to explaining the right of appeal as required by section 28(4)(a) of the Act, state that the decision takes effect—

(a) immediately;

(b) at the end of the period of 28 days referred to in section 32(2) of the Act (appeals to the Tribunal); or

(c) subject to any decision by the Tribunal, at the end of such further period specified in the notice.

(6) In deciding which of the periods listed in paragraph (5) to state in any particular case, the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard persons against serious risks to their life, health or well-being.