The Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Commencement No. 3 & Transitional Provisions) Order (Northern Ireland) 2005

Pre-commencement applications for registration

13.—(1) Where before the commencement date a person, other than a person to whom Article 5(1) or 7(1) applies, has made an application to –

(a) a Board under –

(i) the 1992 Order for registration in respect of a residential care home, nursing home; or

(ii) the 1995 Order for registration in respect of a voluntary home or children’s home;

(b) the Department under the 1971 Act for a licence authorising that person to carry on a nursing agency,

the application shall, unless it is one to which paragraph (2) applies, be treated as if it had been made to the Regulation and Improvement Authority on that date in accordance with Article 13 of the 2003 Order, for registration.

(2) This paragraph applies to an application specified in paragraph (1) where –

(a) the Board has under Article 11(3) or 24(3) of the 1992 Order given notice of a proposal to refuse an application for registration under that Order;

• or

(b) the Board has under Article 83(3) or 99(3) of the 1995 Order given notice of a proposal to refuse an application for registration under that Order;

• or

(c) the Department has given notice of its intention to refuse an application for a licence to carry on a nursing agency under the section 13 of the 1971 Act;

(3) Where paragraph (2) applies –

(a) the existing law shall continue in force for the purpose of determining whether the application is to be granted; and

(b) where the application is so granted, it shall be treated as if it had been granted by the Regulation and Improvement Authority.

(4) In this Article –

“existing law” means the transferred provision under which the application was made.