21Applications for approval in principle of transfers

#### 21 Applications for approval in principle of transfers (1) Subject to subsection (5), if: (a) a person had, before the commencement day, applied under section 39B of the 1953 Act for a certificate under that section in relation to premises; and (b) as at the commencement day, the Minister had not yet made a decision on the application; and (c) on the commencement day, an allocation of \*places is taken, under section 16 of this Act, to have been made in respect of a certificate under section 39A of the 1953 Act relating to those premises; 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 conditions to which the allocation of places is subject. (2) Subject to subsection (5), if: (a) a person had, before the commencement day, applied under section 39B of the 1953 Act for a certificate under that section in relation to premises; and (b) as at the commencement day, the Minister had not yet made a decision on the application; and (c) on the commencement day, an allocation of \*places is taken, under section 20 of this Act, to have been made in respect of an approval under section 40AA of the 1953 Act relating to those premises; the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 17-2 of the new Act for a variation of the conditions to which the allocation of places is subject. (3) The variation that, under subsection (1) or (2) of this section, is taken to have been applied for is a variation to the effect that the location in respect of which the \*places are allocated is the location of the different premises specified in the application under section 39B of the 1953 Act. (4) For the purposes of the new Act: (a) an application to which subsection (1) of this section applies is taken to meet all the requirements of subsection 15-5(3) of the new Act; and (b) an application to which subsection (2) of this section applies is taken to meet all the requirements of section 17-2 of the new Act. (5) This section does not apply if, immediately before the commencement day, some or all of the beds in the approved nursing home located on the premises were occupied.