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Amending the provisional licence regulations and cancelling licences when services cycle on and off provisional licences

regulation changes have your sayComment below and have your say on the following proposals for amending the provisional licence regulations.

The Ministry would like to be able to put services on a provisional licence to investigate serious incidents, without need to specify conditions on the licence. “The Ministry is likely to have a category ‘while an investigation is undertaken’ to reflect that these services are necessarily in breach of the regulations” (Impact Summary, p. 19).

The Ministry also seeks the ability to cancel a licence based on the service’s provisional licence history. This will enable the Ministry to consider a service’s previous licensing history before deciding whether to issue a further provisional license or progress to cancellation.

Currently services can cycle on and off provisional licences for regulatory breaches.  The service will meet the conditions stated on the provisional licence and be issued with a full licence, only to be later found to be breaching the same regulations again.  

There is no mention in the proposal as to whether the ministry will also consider a service’s previous history of being issued with written directives for health and safety. In fact it is mentioned, that a risk of this proposed regulation change is that it may limit the issuing the provisional licences in favour of non-regulatory action to reduce the visibility of non-compliance.


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