Health Services Act 1976

19 Amendments to provisions about registration of nursing homes and private hospitals

(1) The paragraph set out in subsection (2) below shall be inserted—

(a) after paragraph (c) of section 4 of the [1975 c. 37.] Nursing Homes Act 1975, as paragraph (cc); and

(b) after paragraph (b) of the proviso in section 1(3) of the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938, as paragraph (bb),

so as to afford, in each case, an additional ground for refusing to register, or cancelling the registration of, a person in respect of a nursing home or mental nursing home.

(2) The said paragraph is—

“that the home or any premises to be used in connection therewith consist of or include works executed in contravention of section 12(1) of the Health Services Act 1976;”.

(3) In section 16(1) of the [1960 c. 61.] Mental Health (Scotland) Act 1960 (prerequisites of registration of private hospital) the following paragraph shall be inserted after paragraph (b)—

“(bb) that neither the hospital nor any premises to be used in connection therewith consist of or include works executed in contravention of section 12(1) of the Health Services Act 1976 ;”.

(4) In each of the following provisions (penalties for carrying on a nursing home, mental nursing home or private hospital without registration) namely—

(a) section 12 of the [1975 c. 37.] Nursing Homes Act 1975 ;

(b) section 1(1) of the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938;

(c) section 22(1) of the Mental Health (Scotland) Act 1960 ;

for the words from " shall be liable " onwards there shall be substituted the words " shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine ".