Registered Homes Act 1984

36 Effect of cancellation or death on mental nursing home registration

(1) This section applies to any mental nursing home the particulars of the registration of which are entered in the separate part of the register referred to in paragraph (b) of section 23(5) above, and in subsections (2) and (3) below "patient" means a person suffering or appearing to be suffering from mental disorder.

(2) If the registration of any such home is cancelled under section 28 above at a time when any patient is liable to be detained in the home under the provisions of the [1983 c. 20.] Mental Health Act 1983, the registration shall, notwithstanding the cancellation, continue in force until the expiry of the period of two months beginning with the date of the cancellation, or until every such patient has ceased to be so liable, whichever first occurs.

(3) If the person registered in respect of any such home (not being one of two or more persons so registered) dies at a time when any patient is liable to be so detained, the registration shall continue in force until the expiry of the period of two months beginning with the death, or until every such patient has ceased to be so liable, or until a person other than the deceased has been registered in respect of the home, whichever first occurs.

(4) A registration continued in force by virtue of subsection (3) above shall continue in force—

(a) as from the grant of representation to the estate of the deceased, for the benefit of the personal representative of the deceased ; and

(b) pending the grant of such representation, for the benefit of any person approved for the purpose by the Secretary of State.

(5) For the purposes of this Part of this Act, a person for whose benefit the registration continues in force by virtue of subsection (3) above shall be treated as registered in respect of the home.