Registered Homes Act 1984

PART V Supplementary

54 Service of documents

(1) Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a residential care home, or a nursing home or mental nursing home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(2) For the purposes of section 7 of the [1978 c. 30.] Interpretation Act 1978 (which defines "service by post") a letter to a person carrying on a residential care home or a nursing home or mental nursing home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home.

(3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4) For the purposes of this section, and of section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

55 Interpretation-general

In this Act—

• "local social services authority" means a council which is a local authority for the purposes of the [1970 c. 42.] Local Authority Social Services Act 1970 ;

• " maternity home " has the meaning given by section 21 above;

• " mental disorder " means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind ;

• " mental nursing home " has the meaning given by section 22 above;

• " nursing home " has the meaning given by section 21 above ;

• " psychopathic disorder " means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned ;

• " the standard scale " means the standard scale as defined in section 75 of the [1982 c. 48.] Criminal Justice Act 1982 ; and

• " the statutory maximum " means the statutory maximum as defined in section 74 of that Act.

56 Regulations and orders

(1) Any regulations or order under this Act shall be made by statutory instrument.

(2) Any such statutory instrument, except an instrument containing an order under section 59(2) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The power to make regulations conferred on the Secretary of State by section 27 above shall, if the Treasury so directs, be exercisable by the Treasury and the Secretary of State acting jointly.

(4) Any power conferred by this Act to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;

(ii) any such provision either unconditionally or subject to any specified condition ;

and includes power to make such incidental or supplemental provision in the regulations as the persons making them consider appropriate.

57 Consequential amendments, transitional provisions, savings and repeals

(1) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential upon the provisions of this Act.

(2) The transitional provisions and savings contained in Schedule 2 to this Act shall have effect.

(3) Subject to the provisions of Schedule 2, the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(4) Nothing in this Act shall be taken as prejudicing the operation of section 16(1) of the [1978 c. 30.] Interpretation Act 1978 (which relates to the operation of repeals).

58 Extent

(1) This Act does not extend to Scotland or Northern Ireland.

(2) The Secretary of State may by order direct that so much of this Act as relates to nursing homes and mental nursing homes shall extend to the Isles of Scilly, subject to such exceptions, adaptations and modifications as may be specified in the order, but except as so directed so much of this Act as relates to nursing homes and mental nursing homes shall not extend to the Isles.

(3) Subject to subsection (2) above, this Act shall, in its application to the Isles of Scilly, have effect subject to such extensions, adaptations and modifications as the Secretary of State may by order prescribe.

59 Short title and commencement

(1) This Act may be cited as the Registered Homes Act 1984.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be so appointed for different provisions and for different purposes.