Health Services Act 1980

[F1 13 Exemptions from control. X1 E+W+S

(1) In subsection (1) of section 12 of the Act of 1976 (control of construction and extension of controlled premises) for the words “Subject to subsection (3)” there shall be substituted the words “ Subject to subsections (3) and (4) ”.

(2) After subsection (3) of that section there shall be inserted the following subsections—

“(4) Subsection (1) above does not apply in the case of works for the construction of a controlled extension of controlled premises if —

(a) the premises are situated elsewhere than in an area designated by the Secretary of State under subsection (2A) above; and

(b) the premises were constructed as controlled premises, or were converted into controlled premises, whether before or after the coming into force of this Part of this Act; and

(c) where the works will enable additional beds to be provided, the aggregate number of additional beds which will have then been provided at the premises since the beginning of the current three year period (or, if later, the tie when the premises were constructed or converted) will not exceed the permitted number.

(5) In subsection (4) above— “permitted number”, in relation to a three year period, means one fifth of the number of beds provided at the premises in question at the beginning of that period or, if later, the time when the premises were constructed or converted; “three year period” means the period of three years beginning with the passing of the Health Services Act 1980 and each successive period of three years.”.]

Editorial Information

X1 The text of ss. 12, 13, 14(1)(a)(b)(2)-(4), 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F1 Ss. 12–15 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10