The Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002

Transfer of outstanding applications for registration under the 1984 or 1989 Acts: applications in respect of which the authority has made a decision to adopt a proposal to grant or refuse the application

9.—(1) This sub-paragraph applies where—

(a) an application is made before 1st April 2002—

(i) for a person to be registered under Part I of the 1984 Act in respect of a residential care home;

(ii) for a person to be registered under Part II of the 1984 Act in respect of a nursing home or a mental nursing home;

(b) paragraph 8(1)(b) applies to the application; and

(c) as at 1st April 2002—

(i) the authority has given the person who made the application notice under (as the case may be) section 14 or 33 of the 1984 Act of its decision to adopt a proposal to grant or refuse the application; and

(ii) either—

(aa) the period for bringing an appeal against the decision has not expired; or

(bb) an appeal has been brought but has not been determined or abandoned.

(2) Where sub-paragraph (1) applies—

(a) the 1984 Act shall, subject to paragraph (b) below, continue in force in relation to the following matters—

(i) a decision referred to in sub-paragraph (1);

(ii) an appeal against such a decision;

(b) the functions, powers and duties that immediately before 1st April 2002 the authority had under the 1984 Act in relation to the matters mentioned in (a) above shall (as the case may be) apply to, or continue to apply to, and be exercisable by, the National Assembly;

(c) the decision to adopt a proposal to grant an application, whether unconditionally or subject to any conditions, shall with effect from the date on which it takes effect, be treated for the purposes of Part II of the 2000 Act—

(i) as if it were a decision to adopt a proposal to grant, subject to any such conditions, an application for registration in respect of a care home;

(ii) as if it had taken effect in accordance with section 19(5) of the 2000 Act.

(3) This sub-paragraph applies where—

(a) an application is made before 1st April 2002—

(i) to register a home under section 60 of the 1989 Act;

(ii) to register a home under Part VIII of that Act;

(b) paragraph 8(2)(b) applies to the application; and

(c) as at 1st April 2002—

(i) the authority has given the person who made the application notice under (as the case may be) paragraph 4 of Schedule 5 or paragraph 7 of Schedule 6 to the 1989 Act, of their decision to adopt a proposal to grant or refuse the application; and

(ii) either—

(aa) the period for bringing an appeal against the decision has not expired; or

(bb) an appeal has been brought but has not been determined or abandoned.

(4) Where paragraph (3) applies—

(a) the provisions of sections 60 and 63 of, and Schedules 5 and 6 to, the 1989 Act, and the definition of “registered children’s home” in section 105 of that Act, that are repealed under section 117(2) of, and Schedule 6 to, the Act shall, subject to paragraph (b) below, continue in force in relation to the following matters—

(i) a decision referred to in sub-paragraph (3);

(ii) an appeal against such a decision;

(b) the functions, powers and duties that immediately before 1st April 2002 the authority had under Parts VII and VIII of, and Schedules 5 and 6 to, the 1989 Act in relation to the matters mentioned (a) above shall (as the case may be) apply to, or continue to apply to, and be exercisable by, the National Assembly;

(c) the decision to adopt a proposal to grant an application, whether unconditionally or subject to any conditions shall, with effect from the date on which it takes effect, be treated for the purposes of Part II of the 2000 Act—

(i) as if it were a decision to adopt a proposal to grant, subject to any such conditions, an application in respect of a children’s home;

(ii) as if it had taken effect in accordance with section 19(5) of the 2000 Act.

(5) Where the Registered Homes Tribunal determines an appeal against a decision referred to in sub-paragraph (1)(c)(i) or (3)(c)(i), the determination shall be treated for the purposes of Part II of the 2000 Act—

(a) in the case of an application to which sub-paragraph (1) applies, as if it were a decision of the Tribunal in respect of an application for registration in respect of a care home;

(b) in the case of an application to which sub-paragraph (3) applies, as if it were a decision of the Tribunal in respect of an application for registration in respect of a children’s home.

(6) Where sub-paragraph (3) applies to an application to register a home under Part VIII of the 1989 Act which was duly made in accordance with article 3(1) of the No. 2 Commencement Order section 11(1), (5) and (6) of the 2000 Act shall not apply to the person carrying on the home—

(a) if no appeal is brought by virtue of sub-paragraph (4), until the expiration of the period of 28 days after service on him or her of the authority’s decision; or

(b) if an appeal is brought by virtue of sub-paragraph (4), until it is determined or abandoned.