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The Registered Homes (Northern Ireland) Order 1992

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Refusal of registration

21.—(1) The Board may refuse to register an applicant for registration in respect of a nursing home if it is satisfied—

(a)that—

(i)the applicant,

(ii)any person concerned or intended to be concerned in carrying on the home, or

(iii)any person employed or proposed to be employed at the home,

is not a fit person to carry on or (as the case may be) be employed at the home;

(b)that for reasons connected with their situation, construction, state of repair, accommodation, staffing or equipment, the premises used or intended to be used for the purposes of the home, or any other premises used or intended to be used in connection with it, are not fit to be so used; or

(c)that the way in which it is intended to carry on the home is such as not to provide services or facilities reasonably required;

(d)that the home is not, or will not be, in the charge of a person who is either a medical practitioner or a qualified nurse or, in the case of a maternity home, a registered midwife; or

(e)that the condition mentioned in paragraph (3) is not, or will not be, fulfilled in relation to the home.

(2) In paragraph (1)(d) “qualified nurse”, in relation to a home, means a nurse—

(a)registered in a prescribed part of the register maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979(1); and

(b)possessing such qualifications as may be specified in a notice served by the Board on the person carrying on or proposing to carry on the home.

(3) The condition referred to in paragraph (1)(e) is that such number of nurses possessing such qualifications and, in the case of a maternity home, such number of registered midwives as may be specified in a notice served by the Board on the person carrying on or proposing to carry on the home are on duty in the home at such times as may be so specified.

(4) In preparing any notice under paragraph (2) or (3) the Board shall have regard to the class and, in the case of a notice under paragraph (3), the number of patients for whom nursing care is or is to be provided in the home.

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