21 Meaning of “nursing home”.E+W
(1)In this Act “nursing home” means, subject to subsection (3) below—
(a)any premises used, or intended to be used, for the reception of, and the provision of nursing for, persons suffering from any sickness, injury or infirmity;
(b)any premises used, or intended to be used, for the reception of pregnant women, or of women immediately after childbirth (in this Act referred to as a “maternity home”); and
(c)any premises not falling within either of the preceding paragraphs which are used, or intended to be used, for the provision of all or any of the following services, namely—
(i)the carrying out of surgical procedures under anasthesia;
(ii)the termination of pregnancies;
(iii)endoscopy;
(iv)haemodialysis or peritoneal dialysis;
(v)treatment by specially controlled techniques.
(2)In subsection (1) above “specially controlled techniques” means techniques specified under subsection (4) below as subject to control for the purposes of this Part of this Act.
(3)The definition in subsection (1) above does not include—
(a)any [F1health service hospital, within the meaning of the National Health Service Act 1977, or any] other premises maintained or controlled by a government department or local authority or any other authority or body instituted by special Act of Parliament or incorporated by Royal Charter;
(b)any mental nursing home;
(c)any sanatorium provided at a school or educational establishment and used, or intended to be used, solely by persons in attendance at, or members of the staff of, that school or establishment or members of their families;
(d)any first aid or treatment room provided at factory premises, at premises to which the M1Offices, Shops and Railway Premises Act 1963 applies or at a sports ground, show ground or place of public entertainment;
(e)any premises used, or intended to be used, wholly or mainly—
(i)by a medical practitioner for the purpose of consultations with his patients;
(ii)by a dental practitioner or chiropodist for the purpose of treating his patients; or
(iii)for the provision of occupational health facilities,
unless they are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below;
(f)any premises used, or intended to be used, wholly or mainly as a private dwelling; or
(g)any other premises excepted from that definition by regulations made by the Secretary of State.
(4)The Secretary of State may by regulations specify as subject to control for the purposes of this Part of this Act any technique of medicine or surgery (including cosmetic surgery) as to which he is satisfied that its use may create a hazard for persons treated by means of it or for the staff of any premises where the technique is used.
(5)Without prejudice to the generality of section 56 below, regulations under subsection (4) above may define a technique by reference to any criteria which the Secretary of State considers appropriate.
(6)In this section “treatment” includes diagnosis and “treated” shall be construed accordingly.
Textual Amendments
F1Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 27
Marginal Citations