Mental Health Act 20266

Representations

157. (1) Where the Commission proposes to—

(a) refuse to register—

(i) an acute mental health centre under section 153 ,

(ii) a community mental health centre under section 154 , or

(iii) a community mental health service under section 155 ,

(b) attach a condition to the registration of a registered mental health service when registering such a service in accordance with section 153 , 154 or 155 ,

(c) vary or impose a condition, including an additional condition, where it considers it necessary under section 159 , or

(d) refuse to renew the registration of a registered mental health service under section 156 ,

it shall notify the registered proprietor in writing of the proposal and the reasons for the proposal not later than 14 days after the date of the proposal, and that he or she may make representations in accordance with this section.

(2) A person who receives a notification under subsection (1) may within 21 days of the date of such notice make representations in writing in respect of the proposal by the Commission to refuse the application for a registration, attach a condition or refuse to renew the registration of a registered mental health service.

(3) Where a notification has been given under subsection (1), the Commission shall not issue a final decision until—

(a) it has considered any representations made to it by the person concerned in accordance with subsection (2), within 21 days of receipt of such representations, or

(b) the period referred to in subsection (2) has elapsed and no representations are made by the person concerned.

(4) Where the Commission, having considered the representations (if any) made to it under subsection (2), decides to refuse to register the acute mental health centre, community mental health centre or community mental health service, attach a condition to the registration of a registered mental health service or refuse to renew the registration of a registered mental health service, it shall notify the person concerned in writing—

(a) of the decision and the reasons for it, and

(b) that the person concerned may appeal the refusal under section 163 .