Part II

Nursing Homes and Mental Nursing Homes

Registration and conduct of nursing homes and mental nursing homes

Urgent procedure for cancellation of registration etc.
30
1
If—
a
the Secretary of State applies to a justice of the peace for an order—
i
cancelling the registration of a person in respect of a nursing home or mental nursing home;
ii
varying any condition for the time being in force in respect of a home by virtue of this Part of this Act; or
iii
imposing an additional condition; and
b
it appears to the justice of the peace that there will be a 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 subsection (1) above may be made ex parte and shall be supported by a written statement of the Secretary of State’s reasons for making the application.
3
An order under subsection (1) above shall be in writing.
4
Where such an order is made, the Secretary of State shall serve on any person registered in respect of the home, as soon as 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 Secretary of State’s reasons which supported his application for the order.
Act repealed (1.4.2002) by Care Standards Act 2000 (c. 14), s. 117(2), Sch. 6; S.I. 2001/3852, art. 3(7)(j) (subject to art. 2, Sch. 1 (as amended: (27.3.2002) by S.I. 2002/1493, art. 5; (31.5.2002) by S.I. 2002/1790, art. 2; (8.12.2005) by S.I. 2005/3397, art. 2)); S.I. 2002/920, art. 3(3)(g) (subject to art. 3(5)-(10) and with art. 2, Schs. 1-3)
S. 30(1)(2)(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1