83Criteria for registration

83 Criteria for registration

S. 83(1) amended by No. 46/1998 s. 7(Sch. 1).

(1) In determining whether to register or refuse to register premises as a health service establishment, the Secretary must consider—

(a) any relevant guidelines under Part 2; and

(b) whether the carrying on of the establishment may result in more than adequate health services of any kind becoming available in the area; and

(c) whether the applicant—

(i) is a fit and proper person to carry on the establishment; and

S. 83(1)(c)(ii) amended by No. 55/2006 s. 7(1).

(ii) has and is likely to continue to have the financial capacity to carry on the establishment; and

S. 83(1)(d) amended by No. 55/2006 s. 7(1).

(d) if the applicant is a body corporate, whether each director or other officer of the body corporate who exercises or may exercise control over the body corporate is a fit and proper person to carry on or exercise control over the establishment; and

(e) the suitability of the location of the premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and

(f) the suitability of the design and construction of the premises for the particular kind of establishment; and

(g) the suitability of the fittings and equipment of the premises for the particular kind of establishment; and

(h) whether the proposed arrangements for the management and staff of the establishment are suitable; and

S. 83(1)(i) substituted by No. 52/2017 s. 35(1).

(i) whether the applicant has complied with the health service establishment premises guidelines; and

S. 83(1)(ia) inserted by No. 52/2017 s. 35(1).

(ia) whether the applicant—

(i) will provide, safe, patient-centred and appropriate health services; and

(ii) will foster continuous improvement in the quality and safety of care and health services provided; and

(j) whether appropriate arrangements have been or will be made for evaluating, monitoring and improving the quality of health services provided by the establishment; and

S. 83(1)(k) amended by No. 99/1995 s. 16(1).

(k) if the applicant is not the owner in fee simple of the premises, whether the arrangements under which the premises are or are to be occupied are satisfactory for the proper carrying on by the proprietor of the establishment; and

S. 83(1)(l) inserted by No. 99/1995 s. 16(1), amended by No. 55/2006 s. 7(2).

(l) whether all conditions to which the approval in principle is subject have been met; and