Part II Nursing Homes and Mental Nursing Homes

Interpretation

21 Meaning of “nursing home”.

1

In this Act “nursing home” means, subject to subsection (3) F2and (3A) 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 F3this section“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 F4health 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 F5. . . 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.

F63A

The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.

3B

This subsection applies if—

a

the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and

b

the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia—

i

in pursuance of the M2National Health Service Act 1977; or

ii

under an agreement made in accordance with Part I of the M3National Health Service (Primary Care) Act 1997.

3C

This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above.

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.