Health Act 2007

57.

Appeal to District Court from decision of chief inspector respecting registration.

57.β€” (1) The registered provider carrying on the business of a designated centre, or a person applying to be registered in respect of a designated centre, may appeal to the District Court from a decision of the chief inspector under section 50 , 51 or 52 .

(2) The registered provider or other person who appeals to the District Court under subsection (1)β€”

( a) shall bring the appeal within 28 days after the receipt by the person of written notice under section 55 of the decision, and

( b) at the same time as the appeal is brought, shall give to the chief inspector written notice of the appeal.

(3) A registered provider carrying on the business of a designated centre who appeals to the District Court under this section may continue to carry on that business until the determination or withdrawal of that appeal or of a further appeal under section 62 .

(4) On an appeal under subsection (1), the District Court, as it considers appropriate, may confirm the decision of the chief inspector or direct the chief inspector toβ€”

( a) register or renew the registration of the designated centre,

( b) restore the registration of the designated centre,

( c) vary or remove a condition of the registration, or

( d) attach an additional condition to the registration.

(5) An appeal under subsection (1) shall be made to a District Court judge assigned to the district in which the designated centre is located.

Annotations:

Editorial Notes:

E28

Obligation imposed on chief inspector to amend register when complying with an order by the District Court in accordance with subs. (4) to vary or remove a condition or attach an additional condition (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)(c), in effect as per reg. 1(2)