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Legislation

The Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 (Statutory Instrument 2011/552)

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Authority
General description
Regulation 1 - Citation, commencement and application
Regulation 2 - Interpretation
Regulation 3 - Information to be contained in a notification under section 30A(2) of the Act
Notification of prescribed circumstances under section 30A(3) of the Act

 

Authority
These Regulations are made under section 30A of the Care Standards Act 2000.

 

General description
These Regulations set out the information to be contained in notifications given in England under s.30A of the Care Standards Act 2000 (notice to local authority of enforcement activity).

 

Regulation 1 - Citation, commencement and application
(1) These Regulations may be cited as the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 and come into force on 1st April 2011.

(2) These Regulations apply in relation to England only.

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Regulation 2 - Interpretation
In these Regulations—

“the Act” means the Care Standards Act 2000;

“P” means a person who is carrying on or managing an establishment or an agency mentioned in section 30A(6) of the Act.

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Regulation 3 - Information to be contained in a notification under section 30A(2) of the Act
3.—(1) A notification under section 30A(2) of the Act must contain the information as set out in paragraphs (2) to (4).

(2) In relation to all notifications under section 30A(2) of the Act:
(a) a description of and the name and address of the establishment or agency;
(b) the registration number of the establishment or agency;
(c) the name and address (if different from that of the establishment or agency) of the person carrying on or managing the establishment or agency;
(d) the date on which the notification is sent to the local authority; and
(e) whether the notification is sent under section 30A(2)(a), (b) or (c) of the Act.

(3) In relation to a notification under section 30A(2)(b) of the Act (notification of proceedings against P for a relevant offence):
(a) the date on which the summons was issued;
(b) a description of the alleged relevant offence; and
(c) the date on which the proceedings are to be heard, if known.

(4) In relation to a notification under section 30A(2)(c) of the Act (notice under section 22B of the Act restricting accommodation at certain establishments) the date on which the notice is to cease to have effect if specified in the notice.

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Notification of prescribed circumstances under section 30A(3) of the Act
4. — (1) The circumstances which relate to P prescribed for the purpose of section 30A(3) of the Act are as set out in paragraphs (2) to (4).

(2) In relation to a notice served on P under section 19(3) of the Act (notice of decision of registration authority) to cancel the registration:
(a) an appeal by P to the Tribunal against that notice;
(b) the decision of the Tribunal on an appeal by P against that notice; and
(c) where no appeal is brought by P.

(3) Where the registration authority has brought proceedings against P for a relevant offence:
(a) the withdrawal, by the registration authority, of the proceedings against P;
(b) the decision of the court in the proceedings;
(c) an appeal by P against that decision; and
(d) the outcome of the appeal.

(4) In relation to a notice served on P under section 22B of the Act:
(a) if that notice ceases to have effect;
(b) an appeal by P to the Tribunal against that notice; and
(c) a decision by the Tribunal under section 21(4A) of the Act to confirm the notice.

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