3.—(1) Where a person (“the applicant”) has before 31st August 2001 duly made an application under section 23(3) of the 1984 Act in respect of premises in Wales falling within the description in section 21(3B) of the 1984 Act (meaning of “nursing home”) paragraph (2) of this article shall apply.
(2) Section 23(1) of the 1984 Act (offence of carrying on an unregistered nursing home) shall not apply to the applicant—
(a)until such time as the application is granted, or
(b)if the application is refused—
(i)if no appeal is brought, until the expiration of 28 days after service of notice of the National Assembly’s decision (1); or
(ii)if an appeal is brought, until it is determined or abandoned.
The registration functions of the National Assembly under Part II of the 1984 Act are delegated to health authorities in Wales. Those functions were conferred upon the Secretary of State by the 1984 Act but made exercisable by the National Assembly in relation to Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 (S.I.1996/708)) delegated the registration functions of the Secretary of State under Part II of the 1984 Act to health authorities in Wales. S.I. 1996/708 has effect in relation to Wales as if it were a delegation by the National Assembly to health authorities in Wales of those functions under the 1984 Act that were made exercisable by the National Assembly by SI 1999/672 and had previously been delegated to health authorities in Wales by S.I. 1996/708: see sections 23(3) and 43 of the Government of Wales Act 1998 (c. 38).