Notice of intention to take steps CA 1989 s. 79L
Requires Assembly to give 14 days' written notice before refusing, cancelling, or varying registration, with reasons and right to object.
Not less than 14 days before— refusing an application for registration; cancelling a registration; removing or varying any condition to which a registration is subject or imposing a new condition; or refusing to grant an application for the removal or variation of any condition to which a registration is subject, the Assembly shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question. Every such notice shall— give the Assembly ’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 Assembly in writing of his desire to object to the step being taken, the Assembly shall afford him an opportunity to do so. Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative. If the Assembly , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision. A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination. Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies the Assembly in writing that he does not intend to appeal.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when the Assembly (the Welsh authority for child minding and day care registration) wants to take a negative step against an applicant or registered person. Before refusing an application, cancelling a registration, changing conditions, or refusing to remove a condition, the Assembly must send at least 14 days' written notice. The notice must explain why the step is proposed and inform the person of their right to object.
The person who receives the notice can object, either orally or in writing, personally or through a representative. If the Assembly still decides to take the step after hearing the objection, it must send a written decision. The step (cancellation or variation of conditions) does not take effect until the appeal period under section 79M ends, or until the appeal is decided, unless the person gives written notice that they do not intend to appeal.
When it applies
- A childminder applies for registration and the Assembly believes they do not meet the requirements, so it sends a notice of intention to refuse.
- A day care provider has a condition limiting the number of children; they apply to remove it, but the Assembly intends to refuse that application.
- After a complaint, the Assembly proposes to cancel a childminder's registration and sends a 14-day notice with reasons.
- The Assembly wants to add a new condition (e.g., requiring a specific qualification) to an existing registration, triggering the notice requirement.
What this section does not say
- This section does not cover emergency suspension of registration; that is dealt with under section 79K.
- It does not explain the appeal process itself; appeals are governed by section 79M.
- It does not apply to initial applications for registration that are granted; that is covered by section 79F.
- It does not set out the grounds for cancellation; those are in section 79G.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 79L in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.