1 Registration of nursing homes.
1
If any person carries on a nursing home without being duly registered in respect thereof, he shall be guilty of an offence against this Act and F2shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine.
F31A
If any person carries on a nursing home in contravention of a condition of his registration in respect of that home he shall be guilty of an offence against this Act.
2
3
Subject as provided in this Act, the F4Health Board shall, on the receipt of an application for registration, register the applicant in respect of the nursing home named in the application and issue to him a certificate of registration:
Provided that the F4Board may by order refuse to register the applicant if they are satisfied—
a
that he or any person employed or proposed to be employed by him at the home is not a fit person, whether by reason of age, conduct or otherwise, to carry on or to be employed at a nursing home of such a description as the nursing home named in the application; or
b
that for reasons connected with situation, construction, state of repair, accommodation, staffing or equipment, the home or any premises used or to be used in connection therewith are not fit to be used for a nursing home of such a description as the nursing home named in the application, or that the home or premises are used or to be used for purposes which are in any way improper or undesirable in the case of such a nursing home; or F6
F7bb
that the home or any premises to be used in connection therewith consist of or include works executed in contravention of section 12(1) of the M1Health Services Act 1976
; or
F8bc
that the use of the home or any premises used in connection therewith is in contravention of any term contained in an authorisation under section 13 of the said Act of 1976; or
F9c
in the case of a nursing home other than a maternity home—
i
that the home is not, or will not be, in the charge of a person who is either a registered medical practitioner or a qualified nurse; or
ii
that the condition mentioned in subsection (3B) below is not, or will not be, fulfilled in relation to the home; or
d
in the case of a maternity home—
i
that the home is not, or will not be, in the charge of a person who is either a registered medical practitioner or a certified midwife and qualified nurse; or
ii
that the condition mentioned in subsection (3B) below is not, or will not be, fulfilled in relation to the home
F10e
that the applicant does not maintain financial procedures and controls adequate to ensure the safeguarding of any property of a resident of the home which the applicant will be required to manage.
F113A
In relation to any nursing home, a person is to be treated as a qualified nurse if he possesses such qualifications as the Secretary of State considers to be requisite in the provision of nursing care for patients in that home.
F123A
In the proviso to subsection (3) above “qualified nurse”, in relation to a home, means a nurse possessing such qualifications as may be specified in a notice served by the Board on the person carrying on or proposing to carry on the home.
3B
The condition referred to in the proviso to subsection (3) above is that such number or nurses possessing such qualifications and, in the case of a maternity home, such number of certified midwives as may be specified in a notice served by the Health Board on the person carrying on or proposing to carry on the home are on duty in the home at such times as may be so specified.
3C
In preparing any notice under subsection (3A) or (3B) above, the Health Board shall have regard to the class and, in the case of a notice under subsection (3B) above, the number of patients for whom nursing care is or is to be provided in the home.
3D
It shall be a condition of the registration of any person in respect of a nursing home that the number of persons kept at any one time in the home (excluding persons carrying on, or employed in, the home, together with their families) does not exceed such number as may be specified in the certificate of registration.
3E
Without prejudice to subsection (3D) above, any such registration may be effected subject to such conditions (to be specified in the certificate of registration) as the Health Board may consider appropriate for regulating the age, sex or other category of persons who may be received into the home in question.
3F
The Health Board may, upon application in writing made to them by the person registered in respect of a nursing home, vary any condition of the registration of that person in respect of that nursing home imposed by or under subsection (3D) or (3E) above.
3G
A variation under subsection (3F) above may be for a definite or indefinite period.
4
The certificate of registration issued in respect of a nursing home shall be kept affixed in a conspicuous place in the home, and, if default is made in complying with the foregoing requirement, the person carrying on the home shall be guilty of an offence against this Act.