sec.138Amendment of authority by the chief executive

### sec.138 Amendment of authority by the chief executive The chief executive may amend an authority at any time if— the holder agrees to the amendment; or the chief executive considers it is necessary or desirable because— the holder is not meeting the standards required under the authority or a condition of the authority; or the holder has contravened a provision of this Act; or the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or of another circumstance prescribed under a regulation. Also, the chief executive may amend a licence at any time, to remove a licensed premises from the licence, if the chief executive considers it is necessary or desirable because— a licensed care service provided at the premises does not comply with the standards of care stated in the statement of standards; or a person responsible for directly managing a licensed care service provided at the premises— is not a suitable person; or does not hold a working with children authority; or the methods for the selection, training and management of people engaged in providing a licensed care service at the premises are not suitable; or if the premises are a licensed residential facility—the premises are not suitable for providing accommodation to children in need of protection; or of another circumstance prescribed under a regulation. If the chief executive considers it necessary or desirable to amend an authority under subsection (1) (b) or (2) , the chief executive must give the holder a written notice under this section. The notice must state the following— the proposed amendment and the grounds for the amendment; the facts and circumstances forming the basis for the grounds; that the holder may make written representations to the chief executive to show why the authority should not be amended; the term, at least 28 days after the notice is given to the holder, within which the representations may be made. After the end of the term stated in the notice, the chief executive must consider the representations properly made by the holder. If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must give written notice to the holder of the decision. The notice must— be given within 10 days after the decision is made; and state the reasons for the decision; and state the holder may apply to the tribunal to have the decision reviewed; and state how, and the time within which, the holder may apply to have the decision reviewed; and state any right the holder has to have the operation of the decisions stayed. If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must, as soon as practicable, give written notice to the holder of the decision. The chief executive may not act under this section— to amend a certificate of approval to extend the period for which the certificate has effect; or to amend a provisional certificate. s 138 amd 2000 No. 59 s 151 sch 1 ; 2005 No. 40 s 43 ; 2009 No. 24 s 22 ; 2022 No. 7 s 45 (sec.138-ssec.1) The chief executive may amend an authority at any time if— the holder agrees to the amendment; or the chief executive considers it is necessary or desirable because— the holder is not meeting the standards required under the authority or a condition of the authority; or the holder has contravened a provision of this Act; or the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or of another circumstance prescribed under a regulation. (sec.138-ssec.2) Also, the chief executive may amend a licence at any time, to remove a licensed premises from the licence, if the chief executive considers it is necessary or desirable because— a licensed care service provided at the premises does not comply with the standards of care stated in the statement of standards; or a person responsible for directly managing a licensed care service provided at the premises— is not a suitable person; or does not hold a working with children authority; or the methods for the selection, training and management of people engaged in providing a licensed care service at the premises are not suitable; or if the premises are a licensed residential facility—the premises are not suitable for providing accommodation to children in need of protection; or of another circumstance prescribed under a regulation. (sec.138-ssec.3) If the chief executive considers it necessary or desirable to amend an authority under subsection (1) (b) or (2) , the chief executive must give the holder a written notice under this section. (sec.138-ssec.4) The notice must state the following— the proposed amendment and the grounds for the amendment; the facts and circumstances forming the basis for the grounds; that the holder may make written representations to the chief executive to show why the authority should not be amended; the term, at least 28 days after the notice is given to the holder, within which the representations may be made. (sec.138-ssec.5) After the end of the term stated in the notice, the chief executive must consider the representations properly made by the holder. (sec.138-ssec.6) If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must give written notice to the holder of the decision. (sec.138-ssec.7) The notice must— be given within 10 days after the decision is made; and state the reasons for the decision; and state the holder may apply to the tribunal to have the decision reviewed; and state how, and the time within which, the holder may apply to have the decision reviewed; and state any right the holder has to have the operation of the decisions stayed. (sec.138-ssec.8) If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must, as soon as practicable, give written notice to the holder of the decision. (sec.138-ssec.9) The chief executive may not act under this section— to amend a certificate of approval to extend the period for which the certificate has effect; or to amend a provisional certificate. - (a) the holder agrees to the amendment; or - (b) the chief executive considers it is necessary or desirable because— (i) the holder is not meeting the standards required under the authority or a condition of the authority; or (ii) the holder has contravened a provision of this Act; or (iii) the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or (iv) of another circumstance prescribed under a regulation. - (i) the holder is not meeting the standards required under the authority or a condition of the authority; or - (ii) the holder has contravened a provision of this Act; or - (iii) the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or - (iv) of another circumstance prescribed under a regulation. - (i) the holder is not meeting the standards required under the authority or a condition of the authority; or - (ii) the holder has contravened a provision of this Act; or - (iii) the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or - (iv) of another circumstance prescribed under a regulation. - (a) a licensed care service provided at the premises does not comply with the standards of care stated in the statement of standards; or - (b) a person responsible for directly managing a licensed care service provided at the premises— (i) is not a suitable person; or (ii) does not hold a working with children authority; or - (i) is not a suitable person; or - (ii) does not hold a working with children authority; or - (c) the methods for the selection, training and management of people engaged in providing a licensed care service at the premises are not suitable; or - (d) if the premises are a licensed residential facility—the premises are not suitable for providing accommodation to children in need of protection; or - (e) of another circumstance prescribed under a regulation. - (i) is not a suitable person; or - (ii) does not hold a working with children authority; or - (a) the proposed amendment and the grounds for the amendment; - (b) the facts and circumstances forming the basis for the grounds; - (c) that the holder may make written representations to the chief executive to show why the authority should not be amended; - (d) the term, at least 28 days after the notice is given to the holder, within which the representations may be made. - (a) be given within 10 days after the decision is made; and - (b) state the reasons for the decision; and - (c) state the holder may apply to the tribunal to have the decision reviewed; and - (d) state how, and the time within which, the holder may apply to have the decision reviewed; and - (e) state any right the holder has to have the operation of the decisions stayed. - (a) to amend a certificate of approval to extend the period for which the certificate has effect; or - (b) to amend a provisional certificate.