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Health and Social Care Act 2008

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Change 1

What to do with it
As published

17 Cancellation of registration

(1) The Commission may at any time cancel the registration of a person (“R”) under this Chapter as a service provider or manager in respect of a regulated activity— (a) on the ground that R has been convicted of, or admitted, a relevant offence; (b) on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity; (c) on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements; (d) on the ground that R has failed to comply with a requirement imposed by or under Chapter 6; (e) on any ground specified by regulations. (2) The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if— (a) no-one is registered under this Chapter as a service provider in respect of the activity, or (b) the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition. (3) For the purposes of this section, the following are relevant offences— (a) a Part 1 offence, (b) an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it, (c) an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, ... (ca) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) or specified in regulations made under section 45 or 46 of that Act, and (d) any other offence which appears to the Commission to be relevant. (4) In this section “relevant requirements” means— (a) any requirements or conditions imposed by or under this Chapter, and (b) the requirements of any other enactment which appears to the Commission to be relevant.

Your change, as a redline

17 Cancellation of registration

(1) The Commission may at any time cancel the registration of a person (“R”) under this Chapter as a service provider or manager in respect of a regulated activity— (a) on the ground that R has been convicted of, or admitted, a relevant offence; (b) on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity; (c) on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements; (d) on the ground that R has failed to comply with a requirement imposed by or under Chapter 6; (e) on any ground specified by regulations. (2) The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if— (a) no-one is registered under this Chapter as a service provider in respect of the activity, or (b) the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition. (3) For the purposes of this section, the following are relevant offences— (a) a Part 1 offence, (b) an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it, (c) an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, ... (ca) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) or specified in regulations made under section 45 or 46 of that Act, and (d) any other offence which appears to the Commission to be relevant. (4) In this section “relevant requirements” means— (a) any requirements or conditions imposed by or under this Chapter, and (b) the requirements of any other enactment which appears to the Commission to be relevant.

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