23Applications to alter conditions of approval of nursing homes

#### 23 Applications to alter conditions of approval of nursing homes (1) Subject to subsection (4), if: (a) a person had, before the commencement day, applied under subsection 40AD(1) of the 1953 Act for the alteration of the conditions applicable to an approved nursing home; and (b) the alteration sought was a reduction in the number of beds determined in relation to the nursing home for the purposes of paragraph 40AA(6)(a) of the 1953 Act; and (c) immediately before the commencement day, the nursing home was still such an approved nursing home; 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: (e) if the application is made in connection with an application under section 39A of the 1953 Act by another person—an application made on the commencement day, under section 16-2 of the new Act, for the transfer to that other person of \*places of a number equal to the reduction in the number of beds referred to in paragraph (b); or (f) in any other case—a notice in writing under section 18-2 of the new Act, given to the Secretary on the commencement day, \*relinquishing \*places of a number equal to the reduction in the number of beds referred to in paragraph (b). (2) If paragraph (1)(e) applies, in considering the application under Division 16 of the new Act, the Secretary is subject to the same requirements that would have applied, under subsection 40AD(1CA) or (1CB) of the 1953 Act, to the Minister if the application were being considered under subsection 40AD(1) of the 1953 Act. (3) If paragraph (1)(f) applies, subsections 18-2(2), (3) and (4) and sections 18-3 and 18-4 of the new Act do not apply to the notice or the \*relinquishment. (4) This section does not apply if, immediately before the commencement day, some or all of the beds in the nursing home that correspond to the \*places that are the subject of the application referred to in paragraph (1)(e) or (f) are occupied.