Health Act 2007

61.

Final determination of matters dealt with in an ex parte interim order under section 59 .

61.— (1) Within 42 days after the date of an ex parte interim order, the chief inspector may apply to the District Court for a final determination of the matters dealt with in the order.

(2) Notice of an application under this section must be given by the chief inspector to the person who was the designated centre’s registered provider at the time of the ex parte application made under section 59 .

(3) On the hearing of the application for a final determination of the matters dealt with in the ex parte interim order, the District Court may make an order—

( a) confirming, varying or setting aside the ex parte interim order,

( b) reinstating the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application made under section 59 , if the registration was cancelled under the ex parte interim order, or

( c) make any other order the Court considers appropriate.

(4) If the chief inspector does not apply, within the 42 days set out in subsection (1), for a final determination of the matters dealt with in the ex parte interim order, then, effective on the next day after expiry of the 42 days—

( a) the ex parte interim order ceases to have effect,

( b) the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application under section 59 are reinstated, and

( c) the designated centre and the registered provider are restored to the same status under this Act as they had immediately before the date of the ex parte application under section 59 .