C1C2C3C4C5C6C7C8 Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C4

Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5

Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6

Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

C7

Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

C8

Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)

Miscellaneous and supplemental

I139 Temporary extension of meaning of “nursing home”.

In section 21 of the M1Registered Homes Act 1984 (meaning of nursing home)—

a

in subsection (1), after “(3)” there is inserted “ and (3A) ”;

b

in subsection (2), for “subsection (1) above” there is substituted “ this section ”;

c

in subsection (3)(e)(ii), “dental practitioner or” is omitted; and

d

after subsection (3) there is inserted—

3A

The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.

3B

This subsection applies if—

a

the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and

b

the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia—

i

in pursuance of the M2National Health Service Act 1977; or

ii

under an agreement made in accordance with Part I of the M3National Health Service (Primary Care) Act 1997.

3C

This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above.