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Registered psychiatric homes.
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12.—(1) It shall not be lawful for any person other than a health board to carry on in the functional area of the health board a home (in this Part referred to as a psychiatric home) for the care and treatment of persons suffering from mental disorder not being a psychiatric centre or to describe or hold out any such place as such a home unless it is approved and registered by the health board in accordance with regulations made by the Minister under this section.
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(2) The health board may refuse to register or may cancel the registration of a psychiatric home.
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(3) Where at the commencement of this section a person maintains a psychiatric home and, within one month after such commencement, he duly applies for registration of the home he may, notwithstanding subsection (1), continue to carry on the home unless and until registration is refused.
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(4) In any case in which the health board refuses to register or cancels the registration of a psychiatric home it shall give the reason for the refusal to register or for the cancellation of registration in writing to the person maintaining the home.
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(5) It shall be the duty of the person maintaining a psychiatric home to allow it to be inspected by a designated officer of the health board and to afford that officer such facilities and information as are required by him for that purpose.
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(6) The person maintaining or proposing to maintain a psychiatric home may appeal to the Minister from—
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(a) the removal of the home from the register, or
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(b) in a case to which subsection (2) applies, a refusal to register the home,
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and the Minister may, if he so thinks proper, direct the health board to restore the home to the register or register the home.
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(7) A person maintaining or proposing to maintain a psychiatric home may appeal to the High Court from the refusal of the Minister to give a direction under subsection (6) and the court may, as it thinks proper, confirm the refusal or direct the health board to restore the registration or register the home.
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