Health And Social Services And Social Security Adjudications Act 1983

46The following sections shall be inserted after section 6 of that Act—

“6A Procedure.

“6A(1)Subject to subsection (2) below, where—

(a)a person applies for the registration of a children’s home; and

(b)the local authority propose to grant his application,

the local authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application.

(2)The local authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which—

(a)the applicant specified in the application; or

(b)the authority and the applicant have subsequently agreed.

(3)The local authority shall give an applicant notice of a proposal to refuse his application.

(4)The local authority shall give any person carrying on a registered home notice of a proposal—

(a)to cancel the registration;

(b)to vary any condition for the time being in force in respect of the home by virtue of this Act; or

(c)to impose any additional condition.

(5)A notice under this section shall give the local authority’s reasons for their proposal.

6B Right to make representations.

6B(1)A notice under section 6A above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the local authority to give him an opportunity to make representations to them concerning the matter.

(2)Where a notice has been served under section 6A above, the local authority shall not determine the matter until either—

(a)any person on whom the notice was served has made representations to them concerning the matter; or

(b)the period during which any such person could have required the local authority to give him an opportunity to make representations has elapsed without their being required to give such an opportunity; or

(c)the conditions specified in subsection (3) below are satisfied.

(3)The conditions mentioned in subsection (2) above are—

(a)that a person on whom the notice was served has required the local authority to give him an opportunity to make representations to them concerning the matter;

(b)that the local authority have allowed him a reasonable period to make his representations; and

(c)that he has failed to make them within that period.

(4)The representations may be made, at the option of the person making them, either in writing or orally.

(5)If he informs the local authority that he desires to make oral representations, the local authority shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the local authority.

6C Decision of local authority.

6C(1)If the local authority decide to adopt the proposal, they shall serve notice in writing of their decision on any person on whom they were required to serve notice of their proposal.

(2)A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 6D below.

(3)A decision of a local authority, other than a decision to grant an application for registration subject only to such conditions as are mentioned in section 6A(2) above or to refuse an application for registration, shall not take effect—

(a)if no appeal is brought, until the expiration of the period of 28 days referred to in section 6D(3) below; and

(b)if an appeal is brought, until it is determined or abandoned.

6D Appeals.

6D(1)An appeal against a decision of a local authority under this Act shall lie to a Registered Homes Tribunal.

(2)An appeal shall be brought by notice in writing given to the local authority.

(3)No appeal may be brought by a person more than 28 days after service on him of notice of the decision.

(4)On an appeal the Tribunal may confirm the local authority’s decision or direct that it shall not have effect.

(5)A Tribunal shall also have power on an appeal—

(a)to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Act;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of the home.

(6)A local authority shall comply with any direction given by a Tribunal under this section.

6E Prohibition of further applications.

6E(1)Subject to subsection (2) below, where an application for the registration of a home is refused, no further application for the registration of the home may be made within the period of six months beginning with the date when the applicant is notified of the refusal.

(2)Subsection (1) above shall have effect, where an appeal against the refusal of an application is determined or abandoned, as if the reference to the date when the applicant is notified of the refusal were a reference to the date on which the appeal is determined or abandoned.

(3)Subject to subsection (4) below, where the registration of a home is cancelled, no application for the registration of the home shall be made within the period of six months beginning with the date of cancellation.

(4)Subsection (3) above shall have effect, where an appeal against the cancellation of the registration of a home is determined or abandoned, as if the reference to the date of cancellation were a reference to the date on which the appeal is determined or abandoned.”.