Mental Health Act 20266

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Renewal of registration

156. (1) A person may apply to the Commission for the renewal of registration of a registered mental health service.

(2) Where a person is applying for the renewal of registration of a registered acute mental health centre, an application shall be made in a form specified by the Commission, accompanied by a prescribed fee, if any, and shall specify—

(a) the name of the registered acute mental health centre,

(b) the name of the registered proprietor and, where applicable, the name of the registered person or the responsible person,

(c) the address of the premises in which the registered acute mental health centre is carried on,

(d) the number of persons who can be accommodated in the registered acute mental health centre, and

(e) such other information as may be prescribed.

(3) Where a person is applying for the renewal of registration of a registered community mental health centre, an application shall be made in the form and manner specified by the Commission, accompanied by a prescribed fee, if any, and shall specify—

(a) the name of the registered community mental health centre,

(b) the name of the registered proprietor and, where applicable, the name of the registered person,

(c) the address of the premises in which the registered community mental health centre is carried on,

(d) the number of persons who can be accommodated in the registered community mental health centre, and

(e) such other information as may be prescribed.

(4) Where a person is applying for the renewal of registration of a registered community mental health service, an application shall be made in the form and manner specified by the Commission, accompanied by a prescribed fee, if any, and shall specify—

(a) the name of the registered community mental health service,

(b) the name of the registered proprietor and, where applicable, the name of the registered person,

(c) the address of the premises in which the registered community mental health service is carried on or from where services are carried out, and

(d) such other information as may be prescribed.

(5) The Commission may visit a registered mental health service in respect of which a person has applied to renew its registration under this section and take any findings into consideration when assessing the application for renewal.

(6) Subject to subsection (7)—

(a) where the application for a renewal of registration of a registered mental health service is made in accordance with subsection (2), (3) or (4), and

(b) following any findings taken into consideration by the Commission following an inspection under subsection (5),

the Commission shall renew the registration in accordance with the application where it is satisfied that the application complies with the requirements of this section.

(7) The Commission shall refuse the application for a renewal of registration of a registered mental health service where—

(a) it has reasonable grounds to believe that the application, or any document or information accompanying the application, contains information that is false or misleading,

(b) it has serious concerns that the person who made the application for renewal under this section is not in compliance with provisions of this Act during the period of registration and that non-compliance, in the view of the Commission, amounts to a significant failure of compliance, or

(c) there is a serious risk to the health or welfare of the staff or of a person in a registered mental health service.

(8) Where the Commission grants the application for the renewal of a registration of a registered mental health service, the Commission shall, as soon as practicable after doing so, issue a certificate of registration under section 153 (4), 154 (4) or 155 (4) and shall notify the person who made the application for renewal under this section accordingly.

(9) Where the Commission refuses the application for a renewal, the Commission shall, as soon as is possible, notify the person who made the application for renewal under this section in writing of—

(a) the refusal of the application and the reasons for it, and

(b) the right to appeal in accordance with section 163 .

(10) An application for the renewal of registration of a registered mental health service under this section shall be made not less than 6 months before the date on which the registration is due to expire.