Nursing Homes Registration (Scotland) Act 1938 (Repealed)

2 Cancellation of registration.S

(1)Subject as provided in this Act, a [F1Health Board] may by order at any time cancel the registration of a person in respect of any nursing home on any ground which would entitle them to refuse an application for the registration of that person in respect of that home, or on the ground that that person has been convicted of an offence against this Act or against Part II of the M1Midwives and Maternity Homes (Scotland) Act 1927, or that any other person has been convicted of such an offence in respect of that home [F2or on the ground that any condition imposed by or under section 1(3D) to (3G) of this Act has not been complied with]:

Provided that

F3(a)where a person’s registration in respect of a home is in force immediately before the coming into force of paragraph 8 of Schedule 4 to the Health Services Act 1980, the Health Board shall not cancel the registration on any ground mentioned in paragraph (c) or (d) of the proviso to subsection (3) of section 1 of this Act before the expiration of the period of three months beginning with the day on which the relevant notice is served by them under subsection (3A) or (3B) of that section; and

(b)in the case of a person registered in respect of a maternity home under any enactment repealed by this Act, the [F1Health Board] shall not cancel the registration of that person in respect of that home on the ground that if does not comply with the provisions of paragraph (d) of subsection (3) of section one of this Act until the expiration of three months after the [F1Board] have given him notice in writing requiring that the provisions of the said paragraph shall be complied with.

(2)Upon the registration of any person in respect of any home being cancelled, the holder of the certificate of registration shall forthwith deliver up the certificate to the [F1Health Board.]

Textual Amendments

Marginal Citations