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Chapter 5
Closure, cancellation and taking charge
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Commission may temporarily cancel registration without notice in certain circumstances
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174. (1) Where the Commission considers that there is a serious risk to the life, health or welfare of members of the staff or the persons in a registered mental health service, the Commission may, without giving notice, temporarily cancel the registration of the registered mental health service and any such temporary cancellation shall have effect for a period not exceeding 21 days as shall be specified in a notice under subsection (2) and shall cease to have effect—
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(a) subject to paragraph (b), on the expiry of the date specified in the notice, or
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(b) in a case where the registered mental health service, the subject of the temporary cancellation, makes within the period specified in the notice, an application to the District Court under subsection (3), on the determination of the Court.
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(2) Where the Commission decides to temporarily cancel a registration under subsection (1), the Commission shall, as soon as may be, notify in writing the registered mental health service—
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(a) of the decision and the reasons for it,
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(b) of the period for which the temporary cancellation shall have effect and the date on which it shall come into operation, and
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(c) that the service may make an application under subsection (3) for consideration and determination by the Court of the temporary cancellation of the registration concerned.
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(3) A registered mental health service which is aggrieved by a decision of the Commission under subsection (1) may make an application on notice in a summary manner to the District Court for consideration and determination by the Court of the decision of the Commission.
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(4) The District Court may, on the hearing of an application under subsection (3) by a registered mental health service, consider any evidence adduced or argument made, whether adduced or made to the Commission and may—
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(a) either—
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(i) confirm the decision that is the subject of the application, or
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(ii) cancel that decision and replace it with such other decision as the District Court considers appropriate,
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and
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(b) give the Commission such direction as the District Court considers appropriate.
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(5) An application made under this section to the District Court shall be to a judge of the District Court for the time being assigned to the District Court district within which the registered mental health service is located.
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