Health (Amendment) Act 2016
Amendment of section 69 of Health Act 2007 | ||
1. Section 69 of the Health Act 2007 is amended— | ||
(a) by the substitution of the following subsection for subsection (1): | ||
“(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.”, | ||
and | ||
(b) by the substitution of the following subsection for subsection (2): | ||
“(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.”. |