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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 13 : Child and Youth Care Centres

Part 1 : Establishment and registration of child and youth care centre

203. Cancellation of registration

 

(1) The provincial head of social development in the relevant province may cancel the registration of a child and youth care centre by written notice to the registration holder if—
(a) the centre is not maintained in accordance with—
(i) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed;
(ii) any structural, safety, health and other requirements of the municipality in which the child and youth care centre is situated;
(iii) any organisational development plan established for the centre as part of the quality assurance process in terms of section 211; or
(iv) any other requirements of this Act;
(b) any condition subject to which the registration or renewal of registration was issued is breached;
(c) the registration holder or the management of the centre contravenes or fails to comply with a provision of this Act;
(d) the registration holder becomes a person who is not a fit and proper person to operate a child and youth care centre; or
(e) a person who is not a fit and proper person to assist in operating a child and youth care centre is employed at or involved in activities at the centre.

 

(2) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a child and youth care centre.

 

(3) The provincial head of social development may in the case of the cancellation of a registration in terms of subsection (1)(a), (b), (c) or (e)—
(a) suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and
(b) reinstate the registration if the registration holder corrects the cause of the cancellation within that period.

 

(4) The Director-General or a provincial head of social development may assist a registration holder to comply with—
(a) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed;
(b) any structural, safety, health and other requirements of the municipality in which the child and youth care centre is situated; or
(c) any provisions of the organisational development plan established for the centre in terms of the quality assurance process contemplated in section 211, where the cancellation was due to a failure to comply with those national norms and standards, requirements or process.

 

(5) The cancellation of a registration which has not been suspended takes effect from a date specified in the notice referred to in subsection (1), which may not be earlier than 90 days from the date on which that notice was given, except if—
(a) the provincial head of social development and the holder of the registration agree on an earlier date; or
(b) the safety or protection of the children in the centre requires an earlier date.

 

(6) The provincial head of social development, pending an appeal contemplated in section 207, may suspend the operation of a child and youth care centre, whether registered or not.