Non-Emergency Patient Transport and First Aid Services Act 2003
42ACancellation of licence
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42A Cancellation of licence
(1) The Secretary may cancel a non-emergency patient transport service licence if the Secretary is satisfied that—
(b) if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or
(c) the licence holder is providing the service in a manner that poses a serious risk to patient health or safety; or
(d) the licence holder has failed to comply with—
(e) the licence holder has been found guilty of an offence against—
(f) the licence holder does not have an approved accreditation; or
(g) one or more of the clinical governance arrangements and management and staffing arrangements of the licence holder are not suitable for the provision of the service; or
(h) the licence holder has not operated under the licence during the previous 12 months; or
(i) the licence holder is not financially viable.
(2) If the Secretary is proposing to cancel a licence under subsection (1)(d), before doing so the Secretary may give notice to the licence holder that the Secretary intends to cancel the licence if satisfactory arrangements are not made to remedy the failure to comply with the relevant provision within the period specified in the notice.
(3) A notice under subsection (2)—
(a) must set out the relevant provision of—
(v) the conditions of the licence—
with which the licence holder has failed to comply; and
(b) must set out the time within which arrangements must be made to remedy the failure to comply (which must be not less than 28 days).
(4) After giving a notice under subsection (2), the Secretary may cancel the licence under subsection (1) if, after the expiry of the period specified in the notice, satisfactory arrangements to remedy the failure have not been made.
(5) Before cancelling a licence under this section, or giving a notice under subsection (2), the Secretary must consider any written response that is given by the licence holder under section 42 within the period specified in that section.
S. 42B inserted by No. 29/2021 s. 22.