PART 2

Care standards

Care Quality Commission

Rights of appeal
87
1
In section 26 of the Health and Social Care Act 2008 (registration procedure: notice of proposals), after subsection (4) insert—
4A
Where a proposal under subsection (4) names an individual and specifies action that the Commission would require the registered person to take in relation to that individual, the Commission must give that individual notice in writing of the proposal.
2
In section 28 of that Act (notice of decisions), in subsection (6), for “subsection (7)” substitute “ subsections (7) to (9) ”.
3
In that section, after subsection (7) insert—
8
But in a case where notice of the proposal has been given to an individual under section 26(4A) subsection (7) does not apply unless, by the time the Commission receives the applicant's notification, it has received notification from the individual that he or she does not intend to appeal.
9
And if the Commission receives notification from the individual after it receives the applicant's notification and before the end of the period mentioned in subsection (6)(a), the decision is to take effect when the Commission receives the individual's notification.
S. 87 in force at 1.10.2014 by S.I. 2014/2473, art. 3(b)