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Registered Homes Act 1984

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This is the original version (as it was originally enacted).

25Refusal of registration

(1)The Secretary of State may refuse to register an applicant in respect of a nursing home or a mental nursing home if he is satisfied—

(a)that the applicant, or any person employed or proposed to be employed by the applicant at the home, is not a fit person (whether by reason of age or otherwise) to carry on or be employed at a home of such a description as that named in the application; or

(b)that, for reasons connected with situation, construction, state of repair, accommodation, staffing or equipment, the home is not, or any premises used in connection with the home are not, fit to be used for such a home; or

(c)that the home is, or any premises used in connection with the home are, used, or proposed to be used, for purposes which are in any way improper or undesirable in the case of such a home; or

(d)that the home or any premises to be used in connection with the home consist of or include works executed in contravention of section 12(1) of the Health Services Act 1976; or

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

(f)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 registered midwife ; or

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

(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 registered mid-wives 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.

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