Health (Nursing Homes) Act 1990

Interpretation of Part 2

7

7.(1) In this Part

alternative subvention means a higher alternative subvention referred to in section 7C(1)(b);

application means an application under section 7A(1);

applicant, in relation to an application, means the dependent person who made the application;

Executive means the Health Service Executive;

F13[nursing home includes

(a) a premises referred to in section 2(1)(h), and

(b) a nursing home in Northern Ireland which is registered under that law of, or that law applicable to, Northern Ireland that is equivalent to the Health Act 2007;]

prescribed amount, in relation to a provision of this Part, means the amount prescribed in regulations made under section 7H in respect of that provision;

prescribed percentage, in relation to section 7B(3)(b)(ii) or (4), means the percentage prescribed in regulations made under section 7H in respect of section 7B(3)(b)(ii) or (4), as the case requires;

prescribed subvention means the amount of a subvention payable under section 7C(1)(a) as prescribed in section 7H(4);

relevant subvention means

(a) a prescribed subvention, or

(b) an alternative subvention;

subvention means a payment towards the costs of the care and maintenance of a dependent person in a nursing home.

(2) No provision of this Part shall operate to prevent a personal representative (or other representative) of a dependent person who is not of full capacity from acting for or on behalf of the dependent person in relation to any matter to which any provision of this Part relates.]

Annotations

Amendments:

F12

Substituted (8.06.2007) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 3, S.I. No. 409 of 2007.

F13

Substituted (9.07.2010) by Health (Miscellaneous Provisions) Act 2010 (18/2010), s. 14(b), commenced on enactment.

Editorial Notes:

E10

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.2007) by Nursing Homes (Subvention) (Amendment) Regulations 2006 (S.I. No. 642 of 2006); rendered obsolete (8.06.2007) by revocation of Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993) as per E-note below.

E11

Previous affecting provision: power pursuant to subs. (2) exercised (14.12.2005) by Nursing Homes (Subvention) (Amendment) Regulations 2005 (S.I. No. 814 of 2005); rendered obsolete (8.06.2007) by revocation of Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993) as per E-note below.

E12

Previous affecting provision: subss. (1), (2) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 4 item 6, S.I. No. 887 of 2004; section substituted (8.06.2007) as per F-note above.

E13

Previous affecting provision: power pursuant to subs. (2) exercised (1.04.2001) by Nursing Homes (Subvention) (Amendment) Regulations 2001 (S.I. No. 89 of 2001); rendered obsolete (8.06.2007) by revocation of Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993) as per E-note below.

E14

Previous affecting provision: subs. (2) amended by Health (Miscellaneous Provisions) Act 2001 (14/2001), s. 3(b), not commenced; section substituted (8.06.2007) as per F-note above.

E15

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.1998) by Nursing Homes (Subvention) (Amendment) Regulations 1998 (S.I. No. 498 of 1998); rendered obsolete (8.06.2007) by revocation of Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993) as per E-note below.

E16

Previous affecting provision: power pursuant to section exercised (29.07.1996) by Nursing Homes (Subvention) (Amendment) Regulations 1996 (S.I. No. 225 of 1996); rendered obsolete (8.06.2007) by revocation of Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993) as per E-note below.

E17

Previous affecting provision: power pursuant to section exercised (14.12.1993) by Nursing Homes (Subvention) (Amendment) Regulations 1993 (S.I. No. 378 of 1993); rendered obsolete (8.06.2007) by revocation of Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993) as per E-note below.

E18

Previous affecting provision: power pursuant to section exercised (1.09.1993) by Nursing Homes (Subvention) Regulations 1993 (S.I. No. 227 of 1993); revoked (8.06.2007) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 9, S.I. No. 409 of 2007.