1In this Part of this Schedule references to sections are, where not further identified, references to sections of the [1975 c. 37.] Nursing Homes Act 1975.
2(1)For section 1 (meaning of " nursing home ") there shall be substituted the following section—
(1)In this Act " nursing home " means, subject to subsection (2) below—
(a)any premises used, or intended to be used, for the reception of, and the provision of nursing for, persons suffering from any sickness, injury or infirmity;
(b)any premises used, or intended to be used, for the reception of pregnant women, or of women immediately after childbirth (in this Act referred to as a " maternity home "); and
(c)any premises not falling within either of the preceding paragraphs which are used, or intended to be used, for the provision of all or any of the following services, namely—
(i)the carrying out of surgical procedures under anaesthesia;
(ii)the termination of pregnancies ;
(iii)endoscopy ;
(iv)haemodialysis or peritoneal dialysis.
(2)The definition in subsection (1) above does not include—
(a)any hospital or other premises maintained or controlled by a government department or local authority or any other authority or body instituted by special Act of Parliament or incorporated by Royal Charter ;
(b)any mental nursing home as defined in section 2 below;
(c)any sanatorium provided at a school or educational establishment and used or intended to be used solely by persons in attendance at, or members of the staff of, that school or establishment or members of their families ;
(d)any first aid or treatment room provided at factory premises, at premises to which the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 applies or at a sports ground, show ground or place of public entertainment;
(e)any premises used, or intended to be used, wholly or mainly—
(i)by a medical practitioner for the purpose of consultations with his patients ;
(ii)by a dental practitioner or chiropodist for the purpose of treating his patients; or
(iii)for the provision of occupational health facilities;
(f)any premises used, or intended to be used, wholly or mainly as a private dwelling; or
(g)any other premises excepted from that definition by regulations made by the Secretary of State.”.
(2)In section 20(1) (interpretation) in the definition of " maternity home" for the words " section 1(2)" there shall be substituted the words " section 1(1) " –
3(1)Section 4 (refusal of registration) shall be renumbered as subsection (1) of that section ; and in that provision as so renumbered—
(a)after paragraph (cc) there shall be inserted the following paragraph—
“(cd)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 ;”; and
(b)for paragraphs (d) and (e) there shall be substituted the following paragraphs—
“(d)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, in the case of a maternity home, a certified midwife ; or
(e)that the condition mentioned in subsection (3) below is not, or will not be, fulfilled in relation to the home.”.
(2)After that provision as so re-numbered there shall be inserted the following subsections—
“(2)In subsection (1) above ' qualified nurse ', in relation to a home, means a nurse possessing such qualifications as may be specified in a notice served by the Secretary of State on the person carrying on or proposing to carry on the home.
(3)The condition referred to in subsection (1) 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 Secretary of State 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 subsection (2) or (3) above, the Secretary of State shall have regard to the class and, in the case of a notice under subsection (3) above, the number of patients for whom nursing care is or is to be provided in the home.”.
(3)Where a person's registration in respect of a home is in force immediately before the coming into force of this paragraph, the Secretary of State shall not cancel the registration on any ground mentioned in paragraph (d) or (e) of subsection (1) of section 4 before the expiration of the period of three months beginning with the day on which the relevant notice is served by him under subsection (2) or (3) of that section.
(4)In section 20 (interpretation) subsection (2) and the definitions of " pupil midwife " and " qualified nurse " in subsection (1) shall be omitted.
(5)In Schedule 7 to the [1979 c. 36.] Nurses, Midwives and Health Visitors Act 1979 paragraphs 24 and 25 shall be omitted and for paragraph 23 there shall be substituted the following paragraph—
“23In section 4(1)(d) and (3) of the Nursing Homes Act 1975 for ' certified' substitute ' registered '.”.
4(1)In subsection (1) of section 8 (additional registration conditions for mental nursing homes) immediately before the words " a mental nursing home " there shall be inserted the words " a nursing home or ".
(2)After subsection (2) of that section there shall be inserted the following subsection—
“(2A)The Secretary of State may make regulations as to the manner in which conditions imposed by or under subsection (1) or (2) above may be varied.”.
(3)Section 5(2) (which is superseded by sub-paragraph (1) above) shall be omitted.
5In section 19(3) (regulations) for the words from " under section 5 above " to " contrary intention appears " there shall be substituted the word " may ".