Section 12 — Licence condition on maximum capacity of licensable SRHs

(1)This section applies if, in granting a licence, the Director‑General specifies the maximum number of residents that a licensee may admit to the licensable SRH to which the licence relates (called in this section the maximum capacity), as a condition imposed under section 10.

(2)The licensee may apply to the Director‑General for the Director‑General’s consent for a variation of the maximum capacity of the licensable SRH.

(3)An application for the Director‑General’s consent under subsection (2) must be made in writing by the licensee.

(4)After considering the matters that may be prescribed (if any), the Director‑General may —

(a)subject to subsection (5), give consent for the variation of the maximum capacity of the licensable SRH; or

(b)refuse (without compensation) to give consent for the variation.

(5)Any consent under subsection (4)(a) may be given subject to compliance with any conditions that the Director‑General thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for modifications to, the conditions of the licence, but section 11(2), (3) and (4) does not apply to, or in relation to, these modifications to the conditions of the licence.