97Legal personal representatives

97 Legal personal representatives S. 97(1) amended by No. 46/1998 s. 7(Sch. 1). (1) If a proprietor of a health service establishment dies, a person who is, or persons who are, named as, or intends or intend to make application to become, the legal personal representative or representatives of the proprietor may, within 28 days after the death or such longer period as the Secretary allows, make application to the Secretary to carry on the establishment until the expiration of the period of one year after the death. S. 97(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary must grant an application under subsection (1) unless he or she has any reason to believe that if the applicant, or any of the applicants, were to make an application for variation of the registration of the establishment to transfer the certificate to the applicant or applicants, the Secretary would refuse the application. (3) The granting of an application under this section has effect as the variation of the certificate of registration for the period to which the application relates. Division 4—Censure etc. S. 98 repealed by No. 88/1994 s. 13. S. 99 amended by Nos 53/1990 ss 17(1), 18(b), 88/1994 s. 14, repealed by No. 49/2010 s. 226(1). S. 100 amended by No. 88/1994 s. 14(a), repealed by No. 49/2010 s. 226(1), new s. 100 inserted by No. 52/2017 s. 39. 100 Suspension of registration of health service establishment in relation to provision of specified prescribed health service (1) The Secretary may suspend the registration of a health service establishment in relation to the provision of a specified prescribed health service if the Secretary is satisfied that— (a) the proprietor of the health service establishment is providing the specified prescribed health service in a manner that poses serious risk to patient health or safety; or (b) the proprietor of the health service establishment has failed to provide the specified prescribed health service in accordance with this Act, the regulations or any conditions of registration; or (c) the proprietor of the health service establishment is not likely to continue to provide the specified prescribed health service in accordance with this Act, the regulations or any conditions of registration; or (d) the proprietor of the health service establishment has been convicted of an offence against this Act or the regulations; or S. 100(1)(da) inserted by No. 8/2020 s. 5. (da) the proprietor of the health service establishment has failed to comply with a direction of the Secretary under section 105A; or (e) in the case of a proprietor who is a natural person, the proprietor of the health service establishment has ceased to be a fit and proper person to carry on the health service establishment; or (f) in the case of a proprietor that is a body corporate, a director or other officer of the body corporate who exercises or may exercise control over the health service establishment has ceased to be, or is not, a fit and proper person. (2) If under this section the Secretary determines to suspend the registration of a health service establishment in relation to the provision of a specified prescribed health service, the Secretary must give the proprietor of the health service establishment a written notice that states— (a) the reason for the suspension; and (b) the date on which the suspension takes effect; and (c) that the Secretary will lift the suspension if the Secretary is satisfied that the reason for the suspension no longer exists. (3) A suspension of registration under this section only prevents the health service establishment from providing the specified prescribed health service. S. 101 amended by Nos 88/1994 s. 14, 52/1998 s. 311(Sch. 1 item 36.3), repealed by No. 49/2010 s. 226(1), new s. 101 inserted by No. 52/2017 s. 39.