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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Regulations

Regulations for Prevention of and Treatment for Substance Abuse, 2013

Chapter 4 : Community-Based Services

Part II : Registration of community-based services

18. Termination or withdrawal of registration of community-based by HOD

 

 

(1) Where, in the opinion of the HOD, the service provider has failed to comply with a provision of these Regulations or any condition contemplated in regulation 17(2)(b) the HOD may require the service provider to—
(a) within a period of 90 days, rectify failure to comply with any such condition; and
(b) require the service provider to, at the end of the 90 referred to in subregulation 1(a), provide a written report detailing how the service provider has complied with the conditions referred to in subregulation 1(a).

 

(2) If at the end of the period referred to in subregulation (1)(a) and after consideration of a report contemplated in subregulation 1(b) the HOD is not satisfied that the service provider has complied with the any condition contemplated in regulation 17(2)(b) the HOD may—
(a) give written notice to the provider of the HOD's intention to terminate or withdraw the registration granted in terms of regulations 16 or 17; and
(b) call upon the service provider to, within a period of 30 days, provide written reasons why such registration should not be terminated or withdrawn.

 

(3) Upon receipt of and after having considered the reasons as contemplated in subregulation (2)(b), the HOD may, if he is satisfied that the service provider has no valid reason why such registration should not be withdrawn or terminated.
(a) terminate or withdraw registration granted in terms of regulations 16 or 17; and
(b) must, in writing, inform the service provider of a community-based service of the termination or withdrawal of the registration.

 

(4) The service provider must within 30 days of receipt of the notice of termination or withdrawal stop providing the community-based service.

 

(5) Where the HOD has terminated or withdrawn registration of a community-based service, the HOD must consult with service providers in the same area or near where the services which were provided by the service provide whose registration has been withdrawn or terminated with a view to facilitate the admission of the affected service users and children into a community-based service programme provided by another service provider.

 

(6) The HOD may also terminate or withdraw registration of community-based services where all members of management structure have been removed as contemplated in subregulation 24(3).