(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.
(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) 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
(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.
(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.
(4) The
notice must state the following—
(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.
(5) After the end of the term stated in the
notice, the chief executive must consider the representations properly made by
the holder.
(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.
(7) The notice must—
(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.
(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.
(9) The chief executive may not act under this section—
(a) to amend a
certificate of approval to extend the period for which the certificate has
effect; or
