Mental Health Act 20266
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Application by registered mental health service to vary or remove condition | ||
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160. (1) A registered mental health service may apply to the Commission for the variation or removal of any condition attached to the registration of the service. | ||
(2) An application under subsection (1) shall be made in the prescribed manner accompanied by the prescribed fee, if any. | ||
(3) The Commission may grant an application under subsection (1) if it is satisfied that the variation or removal of the condition is— | ||
(a) appropriate in the circumstances, and | ||
(b) will not adversely affect persons receiving treatment from the registered mental health service. | ||
(4) Where the Commission proposes not to grant an application under subsection (1), it shall notify the registered mental health service in writing that it may make representations in writing to the Commission within 21 days of the date of receipt of such notice. | ||
(5) A registered mental health service which receives a notification under subsection (4) may make representations in writing in respect of the proposal by the Commission not to grant the application concerned. | ||
(6) Where a notification has been given under subsection (4), 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 (5), within 21 days of receipt of such representations, or | ||
(b) the period referred to in subsection (4) has elapsed and no representations are made by the service. | ||
(7) Where the Commission, having considered the representations (if any) made to it under subsection (5), refuses to vary or remove 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 . |