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The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 5, Savings, Transitory and Transitional Provisions) Order 2017

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Transitional modification of the Act in relation to CSA providers for whom regulation continues under the 2000 Act

9.—(1) Where Welsh Ministers take enforcement measures against a CSA provider in respect of a transition service under the 2000 Act during the transition period, the requirements of section 7(1) and (2) of the Act in relation to the application are modified so that Welsh Ministers are not required to grant or refuse the application in respect of the place which is the subject of the enforcement measures until any process related to the enforcement measure is completed.

(2) For the purposes of paragraph (1) the completion of an enforcement measure includes—

(a)the expiry of any time allowed for making representations under section 17 of the 2000 Act;

(b)the expiry of any time allowed for the bringing of an appeal under section 21 of the 2000 Act; or

(c)the period until any such appeal has been determined or abandoned.

(3) In this article “enforcement measures” means—

(a)issuing a notice of proposal under section 17(4)(a) of the 2000 Act or a notice of decision following a proposal under that section;

(b)suspension under section 14A of the 2000 Act;

(c)an application for urgent cancellation under section 20A of the 2000 Act.

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