16Approvals in principle of nursing homes

#### 16 Approvals in principle of nursing homes (1) Subject to subsection (5), if a certificate under section 39A of the 1953 Act was in force in relation to premises immediately before the commencement day, for the purposes of the new Act: (a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the holder of the certificate, a number of \*places equal to the number of beds to which the certificate related immediately before that day; and (b) the specifications, and any other conditions, set out in the certificate are taken, on that day, to be conditions: (i) to which the allocation is subject under section 14-5 of the new Act; and (ii) that the Secretary has specified, under subsection 14‑5(2) of the new Act, to be conditions that must be met before a determination can be made under section 15-1 of the new Act; and (c) the allocation is taken to be a \*provisional allocation; and (d) the \*provisional allocation period is a period equal to the amount of time that, immediately before that day, remained of the period for which the certificate was in force. (2) The allocation of places referred to in paragraph (1)(a) is taken to be in respect of \*residential care subsidy. (3) For the purposes of paragraph (1)(a), the holder of the certificate is the person who was, immediately before that day, the holder of the certificate. (4) For the purposes of this section, a certificate under section 39A of the 1953 Act is taken not to be in force in relation to premises immediately before the commencement day if: (a) in a case where the certificate was granted under subsection 39A(3) of the 1953 Act—the Minister has exercised his or her powers under subsection 40AD(1) of the 1953 Act, in respect of matters dealt with in the certificate, in relation to the conditions applicable to the nursing home on those premises; or (b) in any other case—an approval of the premises was in force under section 40AA of the 1953 Act immediately before that day. (5) This section does not apply in relation to a certificate under subsection 39A(3A) of the 1953 Act.