Mental Health Act 20266
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Variation or addition of conditions | ||
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159. (1) The Commission may, where it considers it necessary to do so, vary a registration under section 153 , 154 or 155 including by way of varying a condition, imposing a condition or including an additional condition. | ||
(2) Where the Commission proposes to vary a registration under subsection (1), it shall notify the registered mental health service in writing of the proposal and any such notification shall— | ||
(a) specify the condition to the registration which the Commission proposes— | ||
(i) to vary and provide details of the proposed variation and the reasons for it, or | ||
(ii) to impose on the registration and the reasons for it, | ||
(b) specify the date from which the condition shall apply, which date shall not be less than 21 days from the date of the notice, and | ||
(c) inform the registered mental health service that it may make representations in writing to the Commission within 21 days of the date of receipt of such notice. | ||
(3) A registered mental health service which receives a notification under subsection (2) may make representations in writing in respect of the proposal by the Commission to vary or impose a condition on the registration in accordance with subsection (4). | ||
(4) Where a notification has been given under subsection (2), the Commission shall not issue a final decision regarding its proposal until— | ||
(a) it has considered any representations made to it by the registered mental health service in accordance with subsection (3), 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 service. | ||
(5) Where the Commission, having considered the representations (if any) made to it under subsection (3), decides to vary or impose a condition to a registration, it shall notify the registered mental health service in writing— | ||
(a) of the decision and the reasons for it, and | ||
(b) that the registered mental health service may appeal the decision under section 163 . |