Health Act 2007

64.

Care of residents on cancellation of registration.

64.— (1) If the chief inspector—

( a) cancels a registration under section 51 and the cancellation takes effect, or

( b) obtains an order to cancel a registration in accordance with section 59 and the cancellation takes effect,

the chief inspector shall notify the F36 [ Executive or the Agency as the case may be ] forthwith of the cancellation and of the date on which the cancellation has effect.

(2) The F36 [ Executive or the Agency as the case may be ], as soon as practicable after notification under subsection (1), shall make alternative arrangements for the residents of the designated centre.

(3) Where the F36 [ Executive or the Agency as the case may be ], immediately before the cancellation, was the registered provider of the designated centre, the F36 [ Executive or the Agency as the case may be ], pending the alternative arrangements referred to in subsection (2), notwithstanding the cancellation, may continue to carry on the business of the designated centre as if it were registered under this Act with the F36 [ Executive or the Agency as the case may be ] as its registered provider.

(4) Where the F36 [ Executive or the Agency as the case may be ], immediately before the cancellation, was not the registered provider of the designated centre, then, pending the alternative arrangements referred to in subsection (2), the F36 [ Executive or the Agency as the case may be ], either—

( a) with the consent of the person who, immediately before the effective date of the cancellation, was the registered provider, or

( b) by order of the District Court,

shall take charge of the designated centre, and may carry on its business as if the designated centre were registered under this Act with the F36 [ Executive or the Agency as the case may be ] as its registered provider.

Annotations:

Amendments:

F36

Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 4, S.I. No. 636 of 2017.

Editorial Notes:

E29

Previous affecting provision: section amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 10, S.I. No. 502 of 2013 (amendment omitted word “be”); section amended as per F-note above.