s.78Appeals
78
Section 78Part 10 — CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN

Appeals

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Not less than fourteen days before —
refusing an application for registration under section 72;
cancelling any such registration;
refusing consent under paragraph 2 of Schedule 9;
imposing, removing or varying any requirement under section 73 or 74; or
refusing to grant any application for the variation or removal of any such requirement,
the department concerned shall send to the applicant, or (as the case may be) the registered person, notice in writing of its intention to take the step in question ("the step").
Every such notice shall —
give the department's reasons for proposing to take the step; and
inform the person concerned of his rights under this section.
Where the recipient of such a notice informs the department in writing of his desire to object to the step being taken, the department shall afford him an opportunity to do so.
Any objection made under subsection (3) may be made in person or by a representative.
Where the department, after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it the department shall send him written notice of their decision.
A person aggrieved by the taking of any step mentioned in subsection (1) may appeal against it to the court.
Where the court imposes or varies any requirement under subsection (8) or (9) the requirement, or the requirement as varied, shall be treated for all purposes (other than this section) as if it had been imposed by the department concerned.
Where the court allows an appeal against the refusal or cancellation of any registration under section 72 it may impose requirements under section 73 or 74.
Where the court allows an appeal against such a requirement it may, instead of cancelling the requirement, vary it.
A step of a kind mentioned in subsection (1)(b) or (d) shall not take effect until the expiry of the time within which an appeal may be brought under this section or, where such an appeal is brought, before its determination.

Cross References

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