C10C11C12C13C14C15Part II Establishments and agencies
Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)
Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5
Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1
Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5
Registration
I1C1C211 Requirement to register.
C3C41
Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.
2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
C3C45
A person guilty of an offence under this section shall be liable on summary conviction—
a
if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;
b
if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
C3C46
This subsection applies if—
a
the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or
b
the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.
I212 Applications for registration.
1
A person seeking to be registered under this Part shall make an application to the registration authority.
C52
The application—
a
must give the prescribed information about prescribed matters;
b
must give any other information which the registration authority reasonably requires the applicant to give,
3
A person who applies for registration as the manager of an establishment or agency must be an individual.
4
A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency must make a separate application in respect of each of them.
I313 Grant or refusal of registration.
1
Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.
2
If the registration authority is satisfied that—
a
the requirements of regulations under section 22; and
b
the requirements of any other enactment which appears to the registration authority to be relevant,
are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.
3
The application may be granted either unconditionally or subject to such conditions as the registration authority thinks fit.
4
On granting the application, the registration authority shall issue a certificate of registration to the applicant.
5
The registration authority may at any time—
a
vary or remove any condition for the time being in force in relation to a person’s registration; or
b
impose an additional condition.
I414 Cancellation of registration.
1
The registration authority may at any time cancel the registration of a person in respect of an establishment or agency—
a
on the ground that that person has been convicted of a relevant offence;
b
on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;
c
on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;
F8ca
on the ground that—
i
a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and
ii
the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;
C6d
on any ground specified by regulations.
2
For the purposes of this section the following are relevant offences—
a
an offence under this Part or regulations made under it;
b
an offence under the M1Registered Homes Act 1984 or regulations made under it;
c
an offence under the 1989 Act or regulations made under it;
F9d
an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999;
e
an offence under the Adoption and Children Act 2002 or regulations made under it;
F10f
an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part.
3
In this section “relevant requirements” means—
a
any requirements or conditions imposed by or under this Part; and
b
the requirements of any other enactment which appear to the registration authority to be relevant.
14AF19Suspension of registration
1
The Welsh Ministers may at any time suspend for a specified period the registration of a person in respect of an establishment or agency for which the Welsh Ministers are the registration authority.
2
Except where the Welsh Ministers give notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.
3
The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).
4
A period of suspension may be extended under subsection (1) on one or more occasions.
5
Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.
6
In this section “relevant requirements” has the same meaning as in section 14.
I515 Applications by registered persons.
1
A person registered under this Part may apply to the registration authority—
a
for the variation or removal of any condition for the time being in force in relation to the registration; or
b
for the cancellation of the registrationF11; or
c
for the cancellation of, or the variation of the period of, any suspension of the registration.
2
But a person may not make an application under subsection (1)(b)—
a
if the registration authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the registration authority has decided not to take that step; or
b
if the registration authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
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4
If the registration authority decides to grant an application under subsection (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
F144A
If the Welsh Ministers decide to grant an application under subsection (1)(c), they must serve notice in writing of their decision on the applicant (stating, where applicable, the period as varied).
F155
If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.
I616 Regulations about registration.
C81
Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about—
a
the making of applications for registration;
b
the contents of certificates of registration.
2
Regulations may provide that no application for registration under this Part may be made in respect of a fostering agency F16. . . which is an unincorporated body.
F17C8C93
Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed,F18 an annual fee of the prescribed amount.
4
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2