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Change 1
As published
57 Closure by local authority of controlled or assisted community home.
(1) The local authority specified in the instrument of management for a controlled or assisted community home may give—
(a) the Secretary of State; and
(b) the voluntary organisation by which the home is provided,
not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home.
(2) A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn.
(3) Where—
(a) a notice is given under subsection (1) in respect of a controlled or assisted community home;
(b) the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and
(c) the managers’ notice is not withdrawn,
the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order.
(4) Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation.
(5) Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on—
(a) the specified date; or
(b) where an earlier date has been specified under subsection (3), that earlier date,
and the home shall then cease to be a community home.
Your change, as a redline
57 Closure by local authority of controlled or assisted community home.
(1) The local authority specified in the instrument of management for a controlled or assisted community home may give—
(a) the Secretary of State; and
(b) the voluntary organisation by which the home is provided,
not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home.
(2) A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn.
(3) Where—
(a) a notice is given under subsection (1) in respect of a controlled or assisted community home;
(b) the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and
(c) the managers’ notice is not withdrawn,
the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order.
(4) Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation.
(5) Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on—
(a) the specified date; or
(b) where an earlier date has been specified under subsection (3), that earlier date,
and the home shall then cease to be a community home.
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