Social Residential Homes Act 2025 · s 48
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Open the official texts 48Interpretation of this Part
In this Part —“appealable decision” means any of the following decisions of the Director‑General:
a decision under section 8 refusing the grant or renewal of a licence;
a decision under section 10 imposing a condition in respect of a licence;
a modification under section 11 of a condition of a licence;
a refusal to give consent under section 12 to a variation of the maximum capacity of a licensable SRH;
a refusal to give consent under section 13 to a transfer or an assignment of a licence;
a decision under section 21 refusing the grant of a section 21 approval;
a decision under section 22 imposing a condition in respect of a section 21 approval;
a modification under section 23 of a condition of a section 21 approval;
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;
a direction given under section 25 or 26;
a decision under section 30(1) to revoke a licence;
a decision under section 30(2) to take regulatory action against a licensee;
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;
a decision under section 33(2) to take regulatory action in respect of a section 21 approval;
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:
an applicant for the grant or renewal of a licence, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;
a licensee, where the appealable decision is within paragraph (b), (c), (d) or (i) of the definition of “appealable decision”;
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”;
the applicants for the grant of a section 21 approval, where the appealable decision is within paragraph (f) of the definition of “appealable decision”;
the grantees of a section 21 approval, where the appealable decision is within paragraph (g) or (h) of the definition of “appealable decision”;
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”;
a licensee or former licensee, where the appealable decision is within paragraph (k), (l) or (m) of the definition of “appealable decision”;
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 —
appoint a person as a key appointment holder of the licensee;
appoint a person as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or
deploy an individual to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to —
the operation of the licensable SRH to which the licensee’s licence relates; or
the management of the residents of that licensable SRH.
“appealable decision” means any of the following decisions of the Director‑General:
a decision under section 8 refusing the grant or renewal of a licence;
a decision under section 10 imposing a condition in respect of a licence;
a modification under section 11 of a condition of a licence;
a refusal to give consent under section 12 to a variation of the maximum capacity of a licensable SRH;
a refusal to give consent under section 13 to a transfer or an assignment of a licence;
a decision under section 21 refusing the grant of a section 21 approval;
a decision under section 22 imposing a condition in respect of a section 21 approval;
a modification under section 23 of a condition of a section 21 approval;
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;
a direction given under section 25 or 26;
a decision under section 30(1) to revoke a licence;
a decision under section 30(2) to take regulatory action against a licensee;
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;
a decision under section 33(2) to take regulatory action in respect of a section 21 approval;
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:
an applicant for the grant or renewal of a licence, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;
a licensee, where the appealable decision is within paragraph (b), (c), (d) or (i) of the definition of “appealable decision”;
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”;
the applicants for the grant of a section 21 approval, where the appealable decision is within paragraph (f) of the definition of “appealable decision”;
the grantees of a section 21 approval, where the appealable decision is within paragraph (g) or (h) of the definition of “appealable decision”;
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”;
a licensee or former licensee, where the appealable decision is within paragraph (k), (l) or (m) of the definition of “appealable decision”;
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 —
appoint a person as a key appointment holder of the licensee;
appoint a person as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or
deploy an individual to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to —
the operation of the licensable SRH to which the licensee’s licence relates; or
the management of the residents of that licensable SRH.