The Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Commencement No. 3 & Transitional Provisions) Order (Northern Ireland) 2005

Persons who carry on or manage an establishment or agency are deemed to be registered

5.—(1) This Article applies to:

(a) a person who carries on or manages a residential care home in respect of which he was immediately before the commencement date registered under the 1992 Order;

(b) a person who carries on or manages a nursing home in respect of which he was immediately before the commencement date registered under the 1992 Order;

(c) a person who carries on or manages an establishment which was immediately before the commencement date registered under the 1995 Order as a childrens home or a voluntary home;

(d) a person carrying on an establishment which was at any time before the commencement date inspected by a person authorised to do so by –

(i) the Department, as if the establishment was, or formed part of a residential care home in respect of which the person was required to be registered under the 1992 Order; or

(ii) the Department, as if the establishment was or formed part of a nursing home in respect of which the person was required to be registered under the 1992 Order; or

(iii) the Department as if the establishment was, or formed part of a children’s home or voluntary home which was required to be registered under the 1995 Order.

(2) This paragraph applies to a person carrying on an independent hospital or an independent clinic, which is substantially the same as a nursing home, in respect of which he was, immediately before the commencement date, registered under the 1992 Order as a person carrying on a nursing home and on the commencement date will be carrying on or managing an independent hospital or clinic.

(3) This paragraph applies to a person carrying on a nursing agency in respect of which he was, immediately before the commencement date, the holder of a licence issued under the 1971 Act.