Health Services Act 1980

7 In section 1 (registration of nursing homes)—

(a) after subsection (1) there shall be inserted the following subsection—

“(1A) If any person carries on a nursing home in contravention of a condition of his registration in respect of that home he shall be guilty of an offence against this Act.”;

[F1 (b) after paragraph (bb) of the proviso to subsection (3), there shall be inserted the following— “; or

(bc) that the use of the home or any premises used in connection therewith is in contravention of any term contained in an authorisation under section 13 of the said Act of 1976; or”;]

(c) for paragraphs (c) and (d) of the said proviso there shall be substituted the following paragraphs—

“(c) in the case of a nursing home other than a maternity home—

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

(ii) that the condition mentioned in subsection (3B) below is not, or will not be, fulfilled in relation to the home; or

(d) in the case of a maternity home—

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

(ii) that the condition mentioned in subsection (3B) below is not, or will not be, fulfilled in relation to the home”; and

(d) after subsection (3) there shall be inserted the following subsections—

“(3A) In the proviso to subsection (3) above “qualified nurse” in relation to a home, means a nurse 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.

(3B) The condition referred to in the proviso to subsection (3) above is that such number of nurses possessing such qualifications and, in the case of a maternity home, such number of certified midwives as may be specified in a notice served by the Health 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.

(3C) In preparing any notice under subsection (3A) or (3B) above, the Health Board shall have regard to the class and, in the case of a notice under subsection (3B) above, the number of patients for whom nursing care is or is to be provided in the home.

(3D) It shall be a condition of the registration of any person in respect of a nursing home that the number of persons kept at any one time in the home (excluding persons carrying on, or employed in, the home, together with their families) does not exceed such number as may be specified in the certificate of registration.

(3E) Without prejudice to subsection (3D) abvoe, any such registration may be effected subject to such conditions (to be specified in the certificate of registration) as the Health Board may consider appropriate for regulating the age, sex or other category of persons who may be received into the home in question.

(3F) The Health Board may, upon application in writing made to them by the person registered in respect of a nursing home, vary any condition of the registration of that person in respect of that nursing home imposed by or under subsection (3D) or (3E) above.

(3G) A variation under subsection (3F) above may be for a definite or indefinite period.”.

Textual Amendments

F1 Sch. 4 para. 7(b) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10