The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010

Applications in respect of activities not regulated under the 2000 Act

20.—(1) Subject to paragraph (2), this article applies where―

(a)a person―

(i)carries on an activity before 1st October 2010,

(ii)is not required to be registered under section 11 of the 2000 Act (requirement to register) because of the carrying on of that activity, and

(iii)intends to carry on that activity on and after 1st October 2010;

(b)that activity is prescribed as a regulated activity under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010(1); and

(c)an application is made in respect of that activity under―

(i)section 11 of the Act (applications for registration as a service provider), or

(ii)section 14 of the Act (applications for registration as a manager), where that activity will be subject to a registered manager condition pursuant to regulation 5 of the Registration Regulations (registered manager condition).

(2) This article does not apply where the carrying on or management of a regulated activity is the subject of a transitional application in accordance with article 5(2).

(3) Articles 6(1), (2) and (5), 7(1) to (4) and (6) to (11) and 8 apply to an application to which this article applies as if for “a transitional application” there were substituted “an application to which article 20 applies”.

(4) If a person makes an application to the Commission under section 11 of the Act before 1st August 2010, and that application is one to which this article applies, section 10(1) of the Act (offence of carrying on a regulated activity while unregistered) does not apply to the applicant in respect of that activity for the period (if any) beginning on 1st October 2010 and ending on the date of service by the Commission under section 28(1) of the Act (notice of decisions) of a notice of decision in respect of the application.

(5) Where―

(a)paragraph (4) applies;

(b)the Commission decides to grant registration;

(c)that registration is subject to a registered manager condition pursuant to regulation 5 of the Registration Regulations (registered manager condition); and

(d)an application is made to the Commission under section 14 of the Act (applications for registration as a manager) before 1st August 2010 by a person who is proposing to manage the regulated activity,

section 33 of the Act (offence of failure to comply with conditions) does not apply to the person who made the application coming within paragraph (4) in respect of a failure to comply with a registered manager condition in relation to that registration for the period (if any) beginning on 1st October 2010 and ending on the date of service by the Commission under section 28(1) of the Act (notice of decisions) of a notice of decision in respect of the application under section 14 of the Act.