C1C2C3C4C5C6C8C9 Part 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
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)
Registration procedure
I1C721 Appeals to the Tribunal.
1
An appeal against—
a
a decision of the registration authority under this Part; F1. . .
c
a notice served under section 22B(1),
shall lie to the Tribunal.
2
No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.
F42A
No appeal against a notice under section 22B(1) may be brought by a person more than 28 days after the notice was served on him.
3
On an appeal against a decision of the registration authority F5, other than a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall not have effect.
4
On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.
F64ZA
On an appeal against a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall cease to have effect.
F74A
On an appeal against a notice served under section 22B(1) the Tribunal may confirm the notice or direct that it shall cease to have effect.
4B
If the Tribunal directs that a notice (“the first notice”) under section 22B(1) shall cease to have effect it must direct that any other notice under that section which is connected to the first notice shall also cease to have effect.
4C
For the purposes of subsection (4B), notices are connected if they impose the requirement mentioned in section 22B(2) in relation to the same establishment.
5
The Tribunal shall also have power on an appeal F8. . . —
a
to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates;
b
to direct that any such condition shall cease to have effect; F9. . .
c
to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agencyF10; or
d
to vary the period of any suspension.
F116
Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).
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