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Transitional provisions

4.—(1) This paragraph applies to any undertaking which for the time being—

(a)is a residential care home, nursing home or mental nursing home in respect of which—

(i)a person is registered under Part I or II of the 1984 Act; and

(ii)the registration of that person under that Act continues in force after 1st April 2002 in accordance with Schedule 1 to the No. 9 Order; or

(b)is a home which is registered—

(i)in a register kept for the purposes of section 60 of the 1989 Act; or

(ii)under Part VIII of the 1989 Act, and

(2) This Paragraph applies to any undertaking which for the time being is an agency for the supply of nurses within the meaning of the 1957 Act—

(a)which a person is authorised to carry on by a licence which has been granted to him by a local authority under section 2 of that Act; and

(b)in respect of which the licence so granted continues in force on or after 1st July 2002 in accordance with Schedule 1 to the No. 9 Order.

(3) This paragraph applies to any community home—

(a)in relation to which a person has applied in accordance with paragraph 15 of Schedule 1 to the No. 9 Order for registration under Part II of the Act as a person who carries on or manages a children’s home;

(b)in respect of which, in accordance with paragraph 15 of that Schedule, section 11(1) to (3), (5) and (6) of the Act does not apply to that person.

(4) An enactment which is amended by virtue of any provision in Schedule 4 to the Act brought into force under article 3(3)(a) shall, in so far as the enactment relates to—

(a)any undertaking to which paragraph (1) applies; or

(b)any community home to which paragraph (3) applies,

have effect in relation to that undertaking or community home, as the case may be, as if the amendment had not been made.

(5) Any enactment which is repealed to any extent by virtue of any entry in Schedule 6 to the Act brought into force under article 3(3)(c) or (4) shall, in so far as it relates to—

(a)any undertaking to which paragraph (1) or (2) applies; or

(b)any community home to which paragraph (3) applies,

have effect in relation to that undertaking or community home, as the case may be, as if the enactment had not been repealed.