12Grant or refusal of application for variationE+W
(1)The Welsh Ministers may grant or refuse an application under section 11 (but see [F1subsections (1A) and (2)]).
[F2(1A)In the case of an application under section 11(1)(a)(i) to provide a restricted children’s service, the Welsh Ministers may only grant an application if they are satisfied that the service provider meets the requirement in section 6A(1).]
(2)In the case of an application under section 11(1)(b), the Welsh Ministers may (instead of granting or refusing the application)—
(a)vary a condition on different terms to those specified in the application, or
(b)impose another condition on the provider's registration (whether in place of or in addition to the condition which the provider applied to have varied or removed).
(3)But a variation under this section takes effect only if the requirements of sections 18 to 20 are met (so far as applicable).
Textual Amendments
F1Words in s. 12(1) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(3)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)
F2S. 12(1A) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(3)(b), 29(2); S.I. 2025/1257, art. 2(2)(a)
Modifications etc. (not altering text)
C1S. 12(1) modified (temp.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864), art. 9
Commencement Information
I1S. 12 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)