Part II

Establishments and agencies

Regulations and standards

Notice restricting accommodation at certain establishments
22B
1
The
CIECSS
may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.
2
The requirement is to ensure that no child is accommodated at the establishment unless the child—
a
was accommodated there when the notice was served; and
b
has continued to be accommodated there since the notice was served.
3
A notice under subsection (1) must—
a
explain the requirement imposed by the notice;
b
specify the establishment in relation to which that requirement is imposed;
c
give the
CIECSS's
reasons for serving the notice;
d
explain the right of appeal conferred by section 21.
4
A notice under subsection (1) ceases to have effect—
a
at such time as may be specified in the notice;
b
if the
CIECSS
serves a notice to that effect on the person on whom the notice under subsection (1) was served;
c
if the Tribunal so directs under section 21(4A) or (4B).
5
Subsection (6) applies if—
a
the
CIECSS
serves a notice on a person under subsection (1) or (4)(b); and
b
one or more other persons are registered in respect of the establishment to which the notice relates.
6
The
CIECSS
must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).
7
The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).
8
This section applies to the following establishments—
a
a children's home
in England
;
b
a residential family centre
in England
.
S. 22B inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 27, 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2
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. 22B 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. 10 (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
Word in s. 22B(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Word in s. 22B(3)(c) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Word in s. 22B(4)(b) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(c); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Word in s. 22B(5)(a) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(d); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Word in s. 22B(6) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(e); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Words in s. 22B(8)(a) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(f)(i); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Words in s. 22B(8)(b) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 9(f)(ii); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
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)