PART IIINURSING HOMES

Urgent procedure for cancellation of registration, etc.

23.—(1) If—

(a)the Board applies to a justice of the peace for an order—

(i)cancelling the registration of a person in respect of a nursing home;

(ii)varying any condition for the time being in force in respect of a home by virtue of this Part; or

(iii)imposing an additional condition; and

(b)it appears to the justice of the peace that there will be serious risk to the life, health or well-being of the patients in the home unless the order is made,

he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.

(2) An application under paragraph (1) may be made ex parte and shall be supported by a written statement of the Board’s reasons for making the application.

(3) An order under paragraph (1) shall be in writing.

(4) Where such an order is made, the Board shall serve on any person registered in respect of the home, as soon as is practicable after the making of the order,—

(a)notice of the making of the order and of its terms; and

(b)a copy of the statement of the Board’s reasons which supported its application for the order.

(5) A notice under paragraph (4)(a) shall be accompanied by a notice explaining the right of appeal conferred by Article 27.