1(1)An application for registration under this paragraph shall—
(a)be made by the persons intending to carry on the home to which the application relates; and
(b)be made in such manner, and be accompanied by such particulars, as the Secretary of State may prescribe.
(2)On an application duly made under sub-paragraph (1) the Secretary of State may—
(a)grant or refuse the application, as he thinks fit; or
(b)grant the application subject to such conditions as he considers appropriate.
(3)The Secretary of State may from time to time—
(a)vary any condition for the time being in force with respect to a voluntary home by virtue of this paragraph; or
(b)impose an additional condition,
either on the application of the person carrying on the home or without such an application.
(4)Where at any time it appears to the Secretary of State that the conduct of any voluntary home—
(a)is not [F1, or has not been,] in accordance with regulations made under paragraph 7; or
(b)is [F2, or has been,] otherwise unsatisfactory,
he may cancel the registration of the home and remove it from the register.
(5)Any person who, without reasonable excuse, carries on a voluntary home in contravention of—
(a)section 60; or
(b)a condition to which the registration of the home is for the time being subject by virtue of this Part,
shall be guilty of an offence.
(6)Any person guilty of such an offence shall be liable on summary conviction to a fine not exceeding—
(a)level 5 on the standard scale, if his offence is under sub-paragraph (5)(a); or
(b)level 4, if it is under sub-paragraph (5)(b).
(7)Where the Secretary of State registers a home under this paragraph, or cancels the registration of a home, he shall notify the local authority within whose area the home is situated.
Textual Amendments
F1Words in Sch. 5 para. 1(4)(a) inserted (1.1.2001 (E.) and 28.2.2001 (W.)) by 2000 c. 14, s. 41(1)(a); S.I. 2000/2795, art. 2(2)(a); S.I. 2001/139, art. 2(2)(a)
F2Words in Sch. 5 para. 1(4)(b) inserted (1.1.2001 (E.) and 28.2.2001 (W.)) by 2000 c. 14, ss. 41(1); S.I. 2000/2795, art. 2(2)(a); S.I. 2001/139, art. 2(2)(a)
Commencement Information
I1Sch. 5 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)