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Clause 48

of Social Residential Homes Bill

Clause 48

Interpretation of this Part

In this Part —“appealable decision” means any of the following decisions of the Director‑General:

(a)

a decision under section 8 refusing the grant or renewal of a licence;

(b)

a decision under section 10 imposing a condition in respect of a licence;

(c)

a modification under section 11 of a condition of a licence;

(d)

a refusal to give consent under section 12 to a variation of the maximum capacity of a licensable SRH;

(e)

a refusal to give consent under section 13 to a transfer or an assignment of a licence;

(f)

a decision under section 21 refusing the grant of a section 21 approval;

(g)

a decision under section 22 imposing a condition in respect of a section 21 approval;

(h)

a modification under section 23 of a condition of a section 21 approval;

(i)

the issue, approval or amendment of a code of practice applicable to a licensee or class of licensees under section 24, in respect of any provision in the code of practice;

(j)

a direction given under section 25 or 26;

(k)

a decision under section 30(1) to revoke a licence;

(l)

a decision under section 30(2) to take regulatory action against a licensee;

(m)

a confirmed interim order made under section 32 in respect of a licensee; (n)a decision under section 33(1) to cancel a section 21 approval;

(o)

a decision under section 33(2) to take regulatory action in respect of a section 21 approval;

(p)

a confirmed interim order made under section 35 in respect of a section 21 approval;“appellant” means the following in relation to an appealable decision:

(a)

an applicant for the grant or renewal of a licence, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;

(b)

a licensee, where the appealable decision is within paragraph (b), (c), (d) or (i) of the definition of “appealable decision”;

(c)

the applicants for the Director‑General’s consent for a transfer or an assignment of a licence under section 13, where the appealable decision is within paragraph (e) of the definition of “appealable decision”;

(d)

the applicants for the grant of a section 21 approval, where the appealable decision is within paragraph (f) of the definition of “appealable decision”;

(e)

the grantees of a section 21 approval, where the appealable decision is within paragraph (g) or (h) of the definition of “appealable decision”;

(f)

the recipient of a direction given by the Director‑General under section 25 or 26, where the appealable decision is within paragraph (j) of the definition of “appealable decision”;

(g)

a licensee or former licensee, where the appealable decision is within paragraph (k), (l) or (m) of the definition of “appealable decision”;

(h)

the grantees or former grantees of a section 21 approval, where the appealable decision is within paragraph (n), (o) or (p) of the definition of “appealable decision”;“maximum capacity” has the meaning given by section 12(1);“section 21 approval” means an approval granted by the Director‑General under section 21 for a licensee to —

(a)

appoint a person as a key appointment holder of the licensee;

(b)

appoint a person as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or

(c)

deploy an individual to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to —

(i)

the operation of the licensable SRH to which the licensee’s licence relates; or

(ii)

the management of the residents of that licensable SRH.

Definition

“appealable decision” means any of the following decisions of the Director‑General:

(a)

a decision under section 8 refusing the grant or renewal of a licence;

(b)

a decision under section 10 imposing a condition in respect of a licence;

(c)

a modification under section 11 of a condition of a licence;

(d)

a refusal to give consent under section 12 to a variation of the maximum capacity of a licensable SRH;

(e)

a refusal to give consent under section 13 to a transfer or an assignment of a licence;

(f)

a decision under section 21 refusing the grant of a section 21 approval;

(g)

a decision under section 22 imposing a condition in respect of a section 21 approval;

(h)

a modification under section 23 of a condition of a section 21 approval;

(i)

the issue, approval or amendment of a code of practice applicable to a licensee or class of licensees under section 24, in respect of any provision in the code of practice;

(j)

a direction given under section 25 or 26;

(k)

a decision under section 30(1) to revoke a licence;

(l)

a decision under section 30(2) to take regulatory action against a licensee;

(m)

a confirmed interim order made under section 32 in respect of a licensee; (n)a decision under section 33(1) to cancel a section 21 approval;

(o)

a decision under section 33(2) to take regulatory action in respect of a section 21 approval;

(p)

a confirmed interim order made under section 35 in respect of a section 21 approval;

Definition

“appellant” means the following in relation to an appealable decision:

(a)

an applicant for the grant or renewal of a licence, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;

(b)

a licensee, where the appealable decision is within paragraph (b), (c), (d) or (i) of the definition of “appealable decision”;

(c)

the applicants for the Director‑General’s consent for a transfer or an assignment of a licence under section 13, where the appealable decision is within paragraph (e) of the definition of “appealable decision”;

(d)

the applicants for the grant of a section 21 approval, where the appealable decision is within paragraph (f) of the definition of “appealable decision”;

(e)

the grantees of a section 21 approval, where the appealable decision is within paragraph (g) or (h) of the definition of “appealable decision”;

(f)

the recipient of a direction given by the Director‑General under section 25 or 26, where the appealable decision is within paragraph (j) of the definition of “appealable decision”;

(g)

a licensee or former licensee, where the appealable decision is within paragraph (k), (l) or (m) of the definition of “appealable decision”;

(h)

the grantees or former grantees of a section 21 approval, where the appealable decision is within paragraph (n), (o) or (p) of the definition of “appealable decision”;

Definition

“maximum capacity” has the meaning given by section 12(1);

Definition

“section 21 approval” means an approval granted by the Director‑General under section 21 for a licensee to —

(a)

appoint a person as a key appointment holder of the licensee;

(b)

appoint a person as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or

(c)

deploy an individual to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to —

(i)

the operation of the licensable SRH to which the licensee’s licence relates; or

(ii)

the management of the residents of that licensable SRH.

Read in full context — Social Residential Homes Bill →