Part II

Establishments and agencies

Registration procedure

Notice of proposals.
17
1
Subsections (2) and (3) apply where a person applies for registration in respect of an establishment or agency.
2
If the registration authority proposes to grant the application subject to any conditions which have not been agreed in writing between it and the applicant, it shall give the applicant written notice of its proposal and of the conditions subject to which it proposes to grant his application.
3
The registration authority shall give the applicant notice of a proposal to refuse the application.
4
Except where it makes an application under section 20 or 20A or gives notice under section 20B, the registration authority shall give any person registered in respect of an establishment or agency notice of a proposal—
a
to cancel the registration (otherwise than in accordance with an application under section 15(1)(b));
aa
to suspend the registration or extend a period of suspension;
b
to vary or remove (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or
c
to impose any additional condition in relation to the registration.
5
The registration authority shall give the applicant notice of a proposal to refuse an application under section 15(1)(a) or (c).
6
A notice under this section shall give the registration authority’s reasons for its proposal.
S. 17 partly in force; s. 17 not in force at Royal Assent see s. 122; s. 17 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 17 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 17 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 17 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 17 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 17 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
Words in s. 17(4) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 16(a); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2
S. 17(4)(aa) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 16(b); S.I. 2009/462, art. 2, Sch. 1 para. 35
Word in s. 17(5) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 16(c); S.I. 2009/462, art. 2, Sch. 1 para. 35
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
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
S. 17 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 5 (with reg. 1(2))
Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4
Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)