Registered Establishments (Scotland) Act 1987

5 Jointly registrable establishments

(1) After section 63 of the 1968 Act insert—

“63B Special provisions for jointly registrable establishments.

(1) Subject to the provisions of this section, where a person registered or intending to be registered under section 1 of the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938 (which relates to the registration of nursing homes) in respect of an establishment intends that that establishment should also carry out functions in respect of which registration is required under this Act, the provisions of this Part of this Act shall apply in relation to the registration of that person for the purpose of carrying out those functions in that establishment.

(2) In this Part of this Act "jointly registrable establishment" means an establishment required to be registered under both this Part of this Act and the said Act of 1938.

(3) Any certificate of registration issued by a local authority to such a person as is described in subsection (1) above shall relate to the whole of the establishment, excepting any part thereof which is used exclusively for the purpose of carrying out functions under the said Act of 1938.

(4) Where a local authority cancel the registration of a jointly registrable establishment under section 62(4) above they shall inform the Health Board responsible under the 1938 Act for the registration of that establishment of the fact of and the reasons for the cancellation.

(5) Any person who, on the date when this enactment comes into force, is carrying on a jointly registrable establishment which is not registered under this Part of this Act shall within 3 months of that date apply for such registration.

(6) No fee shall be chargeable by a local authority under section 64A below in respect of any application made by virtue of subsection (5) above.”.

(2) After section 2 of the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938 insert—

“2A Special provisions for jointly registrable establishments.

(1) Subject to the provisions of this section, where a person registered or intending to be registered under section 62 of the [1968 c. 49.] Social Work (Scotland) Act 1968 in respect of an establishment carrying out functions in respect of which registration is required under Part IV of that Act intends that that establishment should also carry out functions in respect of which registration is required under this Act, the provisions of this Act shall apply in relation to the registration of that person for the purpose of carrying out those functions in that establishment.

(2) In this Act "jointly registrable establishment" means an establishment required to be registered under both this Act and Part IV of the said Act of 1968.

(3) Any certificate of registration issued by a Health Board to such a person as is described in subsection (1) above shall relate to the whole of the establishment, excepting any part thereof which is used exclusively for the purpose of carrying out functions under Part IV of the said Act of 1968.

(4) Where a Health Board cancel the registration of a jointly registrable establishment under section 2 above they shall inform the local authority with which the establishment is registered of the fact of and the reasons for the cancellation.

(5) Any person who, on the date when this enactment comes into force, is carrying on a jointly registrable establishment which is not registered under this Act shall within 3 months of that date apply for such registration.

(6) No fee shall be chargeable by a Health Board under section 1 A(a) above in respect of any application made by virtue of subsection (5) above.”.