The Nurses Agencies (Wales) Regulations 2003

Transfer of outstanding applications for licensing under the 1957 Act

2.—(1) Sub-paragraph (3) applies to an application for a licence under the 1957 Act to carry on an agency for the supply of nurses —

(a) which has been made to an authority before 2nd October 2003 and which has not been granted at that date; and

(b) to which sub-paragraph (2) does not apply.

(2) This sub-paragraph applies to an application in respect of which the authority has given the person who made the application —

(a) notice under section 2(4) of the 1957 Act of the refusal of a licence, or the grant of a licence subject to conditions and either —

(i) the period for appealing in respect of that notice has not expired; or

(ii) the person who made the application has appealed but the appeal has not been determined or abandoned; or

(b) the opportunity of being heard under section 2(5) of that Act in respect of any proposal to refuse to grant a licence, unless —

(i) the person has not, within the time allowed by the authority in the notice giving opportunity to be heard, taken the opportunity so offered or indicated that he or she wishes to do so; or

(ii) the authority has given notice of the refusal of a licence.

(3) Where this sub-paragraph applies in relation to an application that application shall be treated as an application for registration under Part II of the 2000 Act.

(4) Where sub-paragraph (2) applies —

(a) the 1957 Act shall, subject to the next following paragraph of this sub-paragraph, continue in force in relation to the following matters —

(i) the decision to grant or refuse a licence under section 2 of that Act;

(ii) an appeal against such a decision;

(b) the functions, powers and duties that immediately before 2nd October 2003 the authority had under that Act in relation to the matters mentioned in the preceding paragraph of this sub-paragraph shall apply to, and be exercisable by, the National Assembly instead of the authority;

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

(i) as if it were a decision to adopt a proposal to grant an application for registration in respect of a nurses agency;

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