48Grant or refusal of service approval

48 Grant or refusal of service approval

48 Grant or refusal of service approval

(1) On an application under section 43, the Regulatory Authority may—

(a) grant the service approval; or

(b) refuse to grant the service approval.

Note.

A service approval is granted subject to conditions in accordance with section 51.

(2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application.

Note.

If further information is requested under section 45(2), the period between the making of the request and the provision of the information is not included in the 90 day period.

(3) The period referred to in subsection (2) may be extended with the agreement of the applicant.

(4) The Regulatory Authority may grant a service approval solely for an education and care service if—

(a) the application includes an application for an associated children’s service; and

(b) that associated children’s service does not comply with the criteria referred to in section 47(3).

(5) The Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1)—

(a) within the relevant time required under subsection (2); or

(b) within the period extended under subsection (3)—

as the case requires.

(6) A service approval cannot be granted solely for an associated children’s service.