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NURSING HOMES AND NURSING AGENCIES ACT (NORTHERN IRELAND) 1971 - SECT 5

Refusal to register, and cancellation of registration.

5.(1) Before refusing under section 2 an application for the registration of a
nursing home or cancelling under section 3 the registration of a nursing home,
the [Health and Social Services Board] shall give to the applicant or, as the
case may be, to the person registered not less than fourteen days' notice of
its intention to refuse the application or, as the case may be, to cancel the
registration.

(2) Every notice under subsection (1) shall

(a)state the grounds on which the [Health and Social Services Board] intends
to refuse the application or, as the case may be, to cancel the registration;
and

(b)contain an intimation that, if, within fourteen days of the receipt of the
notice, the applicant or, as the case may be, the person registered informs
the [Health and Social Services Board] in writing that he desires to do so,
the [Board] will, before refusing the application or, as the case may be,
cancelling the registration, give him (in person or by a representative) an
opportunity of showing cause why the application should not be refused or, as
the case may be, why the registration should not be cancelled.

(3) Where the [Health and Social Services Board], after giving the applicant
or, as the case may be, the person registered (if, under subsections (1) and
(2), he is entitled to do so) an opportunity of showing cause as aforesaid,
decides to refuse the application for registration or, as the case may be, to
cancel the registration, the [Board] shall

(a)make an order to that effect, and endorse thereon notice of the right of
appeal under subsection (4); and

(b)send a copy of the order so endorsed by registered post or by the recorded
delivery service to the applicant or, as the case may be, to
the person registered.

(4) Subject to subsections (5) and (6), any person aggrieved by an order under
subsection (3) may, within fourteen days after the date on which the copy of
the order was sent to him, appeal against it to a court of summary
jurisdiction, and the decision of that court shall be final and effect shall
be given thereto by the [Health and Social Services Board].

(5) Notice in writing of an appeal under subsection (4), and of the grounds
thereof, shall be given by the appellant to the [chief administrative officer]
of the [Health and Social Services Board].

(6) A court of summary jurisdiction, on hearing an appeal under subsection
(4), may

(a)make such order in the matter as it considers reasonable;

(b)award costs.

(7) An order under subsection (3) shall not come into operation until the
expiration of fourteen days from the date on which it was made or, where
notice of appeal is given against it, until the appeal has been determined or
withdrawn.

© 1971 Crown Copyright

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