Health Act 2007

69.

Transitional provision for registration of existing designated centres.

69.— F38 [ (1) In this section

institution means any

(a) institution or part of one,

(b) residential centre or part of one, or

(c) home or part of one,

that, immediately before the relevant day, is a designated centre other than a designated centre which is a special care unit;

relevant day means

(a) in the case of an institution to which

(i) before 1 January 2014, paragraph (a)(iii) of the definition of designated centre applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014, paragraph (a)(iii) of the definition of designated centre applies as that definition is in force on and after that date,

1 July 2009,

(b) in the case of an institution to which

(i) before 1 January 2014, paragraph (b) of the definition of designated centre applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014, paragraph (c) of the definition of designated centre applies as that definition is in force on and after that date,

1 July 2009,

(c) in the case of an institution to which

(i) before 1 January 2014, paragraph (a)(ii) of the definition of designated centre applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014, paragraph (a)(ii) of the definition of designated centre applies as that definition is in force on and after that date,

1 November 2013, and

(d) in the case of an institution to which

(i) before 1 January 2014, paragraph (a)(i) of the definition of designated centre applied as that definition was in force immediately before that date, and

(ii) on and after 1 January 2014, paragraph (a)(i) of the definition of designated centre applies as that definition is in force on and after that date,

the day on which this Part comes into operation in so far as it relates to a designated centre to which this paragraph applies. ]

F39 [ (2) A person who, immediately before the relevant day, was carrying on the business of an institution and providing residential services at the institution may, notwithstanding section 46 , continue to do so

(a) in the case of an institution other than an institution to which paragraph (c) of the definition of relevant day applies, for a period not exceeding 3 years commencing on the relevant day or such shorter period as the chief inspector may determine, and

(b) in the case of an institution to which paragraph (c) of the definition of relevant day applies, for a period not exceeding 5 years commencing on the relevant day or such shorter period as the chief inspector may determine. ]

(3) A person carrying on the business of an institution in accordance with subsection (2) shall notify the chief inspector that the person is carrying on that business, as soon as practicable, but not later than 6 months after the centre becomes a designated centre in accordance with the provisions of this Act.

(4) During the period described in subsection (2) in which a person, in accordance with that subsection, may carry on the business of an institution, this Act applies to the person and to the institution as if the institution were a registered designated centre under this Act with the person as its registered provider.

Annotations:

Amendments:

F38

Substituted (26.07.2016) by Health (Amendment) Act 2016 (6/2016), s. 1(a), commenced on enactment.

F39

Substituted (26.07.2016) by Health (Amendment) Act 2016 (6/2016), s. 1(b), commenced on enactment.

Editorial Notes:

E30

Annual fee payable by persons carrying on the business of a designated centre for older people in accordance with section prescribed (1.07.2009) by Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009 (S.I. No. 245 of 2009), in effect as per reg. 1(2); as amended (1.01.2011) by Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 593 of 2010), in effect as per reg. 1(2).