The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009

Transitional applications where there is an outstanding matter relating to an application by a service provider to vary or remove a condition, or to cancel or vary a period of suspension

9.—(1) This article applies where a condition or period of suspension is in force before the second appointed date in relation to an existing registrant, an application has been made under section 19(1)(a) or (c) of the Act (application by registered persons) in relation to that condition or period of suspension and―

(a) on a date on which the Commission makes a determination in relation to that registrant, paragraph (2)(a), (b), (c) or (d) applies to that application; or

(b) at any time after a decision has been made by the Commission to grant a transitional application, paragraph (4)(a), (b) or (c) applies to that application.

(2) This paragraph applies where―

(a) no notice of decision has been given under section 19(5) or (6) of the Act nor a notice of proposal given under section 26(5) of that Act (notice of proposals);

(b) a notice of proposal has been given under section 26(5) of the Act, the Commission has not withdrawn that notice of proposal and no notice of decision has been given under section 28(3) of that Act (notice of decisions);

(c) a notice of decision has been given under section 28(3) of the Act, no notification has been given under section 28(7) of the Act, the time for making an appeal under section 32(2) of the Act (appeals to the Tribunal) has not elapsed and no appeal has been made; or

(d) an appeal has been made under section 32 of the Act but that appeal has not been determined or withdrawn.

(3) Where, at the time a determination falls to be made by the Commission―

(a) paragraph (2)(a) applies, the Commission must consider the application under section 19(1)(a) or (c) of the Act in making that determination;

(b) paragraph (2)(b) applies, the Commission must consider the notice of proposal and any representations received within the time period specified in section 27(1) of the Act (right to make representations) in making that determination;

(c) paragraph (2)(c) applies, the Commission must consider the notice of decision in making that determination; or

(d) paragraph (2)(d) applies, the Commission must consider the notice of decision and the grounds of appeal in making that determination.

(4) Where, after a decision has been made by the Commission to grant a transitional application, the Commission gives―

(a) a notice of decision under section 19(5) or (6) of the Act (application by registered persons);

(b) a notice of proposal under section 26(5) of the Act (notice of proposal); or

(c) a notice of decision under section 28(3) of the Act (notice of decisions),

the Commission must consider whether it should exercise its powers under section 12(5) (conditions of registration) or 18 (suspension of registration) of the Act in relation to the person’s new registration.

(5) Where the Tribunal makes, in respect of an application to which this article applies, a decision pursuant to section 32 of the Act (appeals to the Tribunal), the Commission must, if notice of that decision is sent to it―

(a) before it makes a determination in respect of the applicant, reflect that decision in making that determination; or

(b) after it makes a decision to grant a transitional application, consider whether it needs to exercise its powers under section 12(5) or 18 of the Act in order to reflect that decision.