17Applications to vary or revoke approvals in principle of nursing homes

#### 17 Applications to vary or revoke approvals in principle of nursing homes (1) Subject to subsection (2), if: (a) a person had, before the commencement day, applied under subsection 39A(4) of the 1953 Act for a variation of a certificate under section 39A of the 1953 Act; and (b) immediately before the commencement day, the certificate was still in force; and (c) as at the commencement day, the Minister had not yet made a decision on the application; the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-5 of the new Act for a variation of the \*provisional allocation that, under section 16 of this Act, is taken to have been made in respect of the certificate. (2) If: (a) a person had, before the commencement day, applied under subsection 39A(4) of the 1953 Act for a variation of a certificate under section 39A of the 1953 Act; and (b) the application sought the deletion of the number of beds specified in the certificate and the substitution of a higher number of beds; and (c) immediately before the commencement day, the certificate was still in force; and (d) as at the commencement day, the Minister had not yet made a decision on the application; the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 13-1 of the new Act for an allocation of \*places, of a number equal to the increase in the number of beds that was sought, in respect of \*residential care subsidy. (3) For the purposes of the new Act, the application referred to in subsection (2) is taken to be a valid application that meets all the requirements of section 13-1 of the new Act. (4) If: (a) a person had, before the commencement day, applied under subsection 39A(11) of the 1953 Act for revocation of a certificate under section 39A of the 1953 Act; and (b) immediately before the commencement day, the certificate was still in force; and (c) as at the commencement day, the Minister had not revoked the certificate; the application is taken, for the purposes of the new Act, to be a notice in writing under section 15-6 of the new Act, given to the Secretary on the commencement day, surrendering the \*provisional allocation that, under section 16 of this Act, is taken to have been made in respect of the certificate.