Health Act 2007

55.

Notice of decisions of chief inspector.

55.— (1) The chief inspector shall give written notice to the applicant or the registered provider, as the case may be, of a decision—

( a) under section 50 or 52 , to refuse an application,

( b) under section 50 or 52 , to grant an application subject to any conditions, or

( c) under section 51 , to—

(i) cancel the registration of a designated centre,

(ii) vary or remove any condition of the registration of a designated centre, or

(iii) attach an additional condition to the registration of a designated centre.

(2) A written notice under this section shall inform the applicant or the registered provider, as the case may be, of the right of appeal conferred by section 57 .

(3) F33 [ Subject to subsection (4), a decision referred to in subsection (1) does not take effect ]

( a) if no appeal from the decision is brought, until the expiration of 28 days, or a longer period determined by the chief inspector, after the receipt by the applicant or registered provider of written notice under this section, or

( b) if an appeal to the District Court from the decision is brought, until the determination or withdrawal of that appeal.

F34 [ (4) If the applicant or the registered provider

( a ) informs the chief inspector in writing that the applicant or the registered provider, as the case may be, accepts the decision concerned of the chief inspector and does not intend to appeal that decision to the District Court, and

( b ) requests the chief inspector in writing that the decision concerned of the chief inspector take effect on a date that is earlier than that specified in subsection (3)( a ),

that decision shall take effect on such date, that is earlier than the expiration of a period of 28 days after the receipt by the applicant or registered provider, as the case may be, of written notice under this section, as may be determined by the chief inspector.

(5) Notwithstanding section 57, an appeal to the District Court may not be brought from a decision of the chief inspector that takes effect under subsection (4). ]

Annotations:

Amendments:

F33

Substituted (9.07.2010) by Health (Miscellaneous Provisions) Act 2010 (18/2010), s. 15(a), commenced on enactment.

F34

Inserted (9.07.2010) by Health (Miscellaneous Provisions) Act 2010 (18/2010), s. 15(b), commenced on enactment.

Editorial Notes:

E27

Obligation imposed on chief inspector to amend register on the taking effect in accordance with subs. (3) of a decision notified to the registered provider under subs. (1) (1.07.2009) by Health Act 2007 (Registration of Designated Centres For Older People) Regulations 2009 (S.I. No. 245 of 2009), reg. 3(4)(b), in effect as per reg. 1(2).