Application for variation or removal of a condition

12.—(1) In this regulation—

“application” means an application by the registered person under section 15(1)(a) of the Act for the variation or removal of a condition in relation to his or her registration;

“proposed effective date” means the date requested by the registered person as the date on which the variation or removal applied for is to take effect.

(2) An application shall be—

(a)made in writing on a form approved by the National Assembly;

(b)sent or delivered to the appropriate office of the National Assembly not less than six weeks before the proposed effective date or such shorter period (if any) before that date as may be agreed with the Commission;

(c)accompanied by the information specified in paragraph (3);

(d)accompanied by a fee of such amount as may be prescribed in relation to the variation or removal applied for by any regulation made under section 15(3) of the Act(1).

(3) The following information is specified—

(a)the proposed effective date;

(b)the registered person’s reasons for making the application;

(c)details of changes that the registered person proposes to make in relation to the establishment as a consequence of the variation or removal applied for, including details of—

(i)proposed structural changes to the premises that are used as an establishment;

(ii)additional staff, facilities or equipment, or changes in management that are required to ensure that the proposed changes are carried into effect.

(4) The registered person shall provide the National Assembly with any other information or any documents that it may reasonably require in relation to his application.

Report as to financial viability

13.  If it appears to the registered person that the establishment is likely to cease to be financially viable at any time within the following six months, the registered person shall give a report to the appropriate office of the National Assembly of the relevant circumstances.


Regulation 4 of the Registration of Social Care and Independent Health Care (Fees) (Wales) Regulations 2002 (S.I. 2002/921) prescribes a fee for these purposes.