Part II

Establishments and agencies

Registration procedure

Appeals to the Tribunal.
21
1
An appeal against—
a
a decision of the registration authority under this Part; . . .
b
an order made by a justice of the peace under section 20 or 20A; or
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.
2A
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 , 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.
4ZA
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.
4A
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 . . . —
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; . . .
c
to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency; or
d
to vary the period of any suspension.
6
Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).
S. 21 partly in force; s. 21 not in force at Royal Assent see s. 122; s. 21 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(b) (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. 21 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. 21 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. 21 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 21 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 21 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 21 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
Word preceding s. 21(1)(b) repealed (1.4.2010 for E. and 28.3.2011 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 42, 44, Sch. 4; S.I. 2009/3354, art. 3(2); S.I. 2011/949, art. 3(1)(d)
Words in s. 21(1) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 20(2); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
S. 21(1)(c) and preceding word inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(2), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2
S. 21(2A) inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(3), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2
Words in s. 21(3) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 20(3); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
S. 21(4ZA) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 20(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
S. 21(4A)-(4C) inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(4), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2
Words in s. 21(5) repealed (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(5), 42, 44, Sch. 4; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2; S.I. 2011/949, art. 3(1)(d)
Word at the end of s. 21(5)(b) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 20(5)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36
S. 21(5)(d) and preceding word inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 5 para. 20(5)(b); S.I. 2009/462, art. 2, Sch. 1 para. 35
S. 21(6) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 5 para. 20(6); 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. 21 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. 8 (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)