102Revocation of registration of health service establishment

102 Revocation of registration of health service establishment (1) If the Minister is satisfied that the proprietor of a health service establishment— (a) has failed to carry on the establishment in accordance with this Act, the regulations or any conditions of registration; or S. 102(1)(ab) inserted by No. 52/2017 s. 40. (ab) has failed to comply with the requirements of an approved accreditation scheme; or S. 102(1)(ac) inserted by No. 52/2017 s. 40. (ac) has operated, or is operating, the health service establishment in a manner that poses serious risk to patient health or safety; or (b) is not likely to continue to carry on the establishment in accordance with this Act, the regulations or any conditions applying to the registration of the establishment; or S. 102(1)(c) amended by No. 53/1990 s. 17(2). (c) has been convicted of an offence against this Act or the regulations; or S. 102(1)(caa) inserted by No. 8/2020 s. 7. (caa) has failed to comply with a direction of the Secretary under section 105A; or S. 102(1)(ca) inserted by No. 53/1990 s. 17(2). (ca) in the case of a proprietor who is a natural person, has ceased to be a fit and proper person to carry on the establishment; or S. 102(1)(cb) inserted by No. 53/1990 s. 17(2). (cb) in the case of a proprietor who is a body corporate, any director or other officer of the body corporate who exercises or may exercise control over the establishment has ceased to be or is not a fit and proper person to carry on or exercise control over the establishment— the Minister may give notice in writing to the proprietor— (d) revoking the registration on the expiration of 28 days after the day on which the notice is given; or (e) in a case to which paragraph (a) or (b) applies stating an intention to revoke the registration unless within a period (not being less than 28 days) specified in the notice satisfactory arrangements are made to remedy any failure to comply, or to be able to continue to comply, with this Act, the regulations or any conditions of registration. (2) In determining whether to give a notice under subsection (1), the Minister must consider— (a) the conduct of the proprietor; and (b) the seriousness of any breaches of this Act, the regulations or any conditions applying to registration; and (c) whether any such breaches could have been avoided by the exercise of reasonable care; and (d) any circumstances that may prevent the proprietor from being able to continue to carry on the health service establishment in accordance with this Act, the regulations or any conditions of registration. S. 103 amended by Nos 88/1994 s. 14, 46/1998 s. 7(Sch. 1), 18/2004 s. 10, 55/2006 s. 9, repealed by No. 49/2010 s. 226(1). Division 5—General