3 Registration.

1

For subsection (4) of section 62 of the 1968 Act (which provides for the cancellation of registration of persons in respect of establishments on certain grounds), substitute—

4

Without prejudice to subsection (2) of this section, where the person registered in respect of an establishment proposes to employ a manager, that is, a person engaged to run the establishment from day to day, he shall

a

include in the application for registration a note of the proposed manager’s name; and

b

inform the authority, within 28 days in either case, of—

i

the departure of the manager presently employed, or

ii

the employment of a new manager.

4A

Where any person registered in respect of an establishment employs a manager at the date when this enactment comes into force, he shall within 28 days of that date inform the local authority of the manager’s name.

4B

Where any person registered in respect of an establishment intends to cease to carry on the establishment, he shall give the local authority at least 28 days’ notice of that fact.

4C

The local authority may at any time cancel the registration of a person in respect of an establishment—

a

on any ground which would entitle them to refuse an application for the registration of that person in respect of an establishment; or

b

on the ground that that person—

i

has failed to notify the authority of a change in manager under subsection (4) above, or

ii

has been convicted of an offence against this section or against any regulations under this Part of this Act relating to the conduct of an establishment; or

c

on the ground that any other person has been convicted of such an offence as is mentioned in sub-paragraph (b)(ii) above in respect of that establishment; or

d

on the ground that the annual fee for the continuation of registration has not been paid on the due date.

2

For subsection (5) of the said section 62 substitute—

5

It shall be a condition of the registration of any person in respect of an establishment that he shall comply with such reasonable conditions with regard to the proper operation of the establishment as the local authority may impose, and such conditions shall include conditions as to—

a

the maximum number of persons (excluding persons carrying on or employed in the establishment and their families) who may be accommodated at any one time in the establishment, and

b

the categories of persons who may be admitted to the establishment.

5A

The local authority may, at their own instance or at that of the person registered in respect of the establishment, at any time—

a

impose any new condition with regard to the operation of the establishment; or

b

vary any condition imposed under subsection (5) or paragraph (a) above.

3

In subsection (6) of the said section 62, for the words “condition imposed by or under the last foregoing subsection” substitute “ condition, new condition or variation of a condition imposed by or under subsection (5) or (5A) above or section 63A(7) below ”.

4

After the said subsection (6) insert—

6A

The certificate of registration issued under this section in respect of any premises shall include the following information—

a

the name of the person registered in respect of the establishment;

b

the name of any manager appointed by the person mentioned in paragraph (a) above;

c

the address of the premises at which the establishment is to be carried on;

d

the maximum number of persons who may be accommodated in the establishment under subsection (5) (a) above;

e

the categories of persons who may be admitted to the establishment under subsection (5)(b) above,

and where any material change occurs in any of the information mentioned in this subsection the local authority shall issue a new certificate.

6B

Where an establishment to which the provisions of this Part of this Act apply is being carried on on the date when this enactment comes into force the local authority shall, within 60 days of that date, issue to the person carrying on that establishment a new certificate including the information mentioned in subsection (6A) above.

5

After subsection (8) of the said section 62 (which makes provision for the carrying on of an establishment for a limited period without registration in the event of the death of the person registered) insert—

8A

Notwithstanding anything in subsection (1) of this section, where for any reason the person registered in respect of an establishment ceases to be so registered, the local authority may allow another person to carry on the establishment for such period not exceeding 60 days as the authority may sanction, and subject to such conditions as the authority think appropriate.