3AApproval in principle of nursing home etc.

3A Approval in principle of nursing home etc.

(2) Upon application in writing by a person who is, or proposes to become, the proprietor of a nursing home, the Minister may, in his or her discretion, grant to the applicant a certificate in writing: (a) stating that if the applicant applies under subsection 4(1) of this Act within the period of 12 months after the grant of the certificate for the approval of premises specified in the certificate as an approved nursing home and the Minister is satisfied that the premises comply, at the time of that last‑mentioned application, with the specifications (if any) set out in the certificate, that last‑mentioned application will not be refused under subsection 4(3) or (3A) of this Act; (b) stating that if that approval is granted, the number of beds determined in relation to the nursing home for the purposes of paragraph 4(6)(a) of this Act will not be less than the number of beds specified in the certificate; and (c) in a case where the Minister considers it appropriate to do so—stating that if that approval is granted, the admission of persons to the nursing home as qualified nursing home patients will be in accordance with a special purpose of the nursing home specified in the certificate. (3) Upon application in writing by the proprietor of an approved nursing home who proposes to make an alteration or addition to the premises occupied by the nursing home, the purpose of which is, or the effect of which will be, to enable the number of beds available in the nursing home for qualified nursing home patients to be increased, the Minister may, in his or her discretion, grant to the applicant a certificate in writing: (a) approving that alteration or addition; (b) stating that if, within the period of 12 months after the grant of the certificate, the alteration or addition so approved is completed in accordance with the specifications (if any) set out in the certificate and the applicant applies under subsection 9(1) of this Act for the Minister to alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 4(6)(a) of this Act a number of beds not exceeding such other number as is specified in the certificate, that last‑mentioned application will not be refused; and (c) in a case where the Minister considers it appropriate to do so—stating that if the Minister so alters the conditions applicable to the nursing home, the admission of persons to the nursing home as qualified nursing home patients (whether or not those patients occupy the beds to which the alteration or addition relates) will be in accordance with a special purpose of the nursing home specified in the certificate. (3A) After the commencement of this subsection, the Minister shall not give a certificate under subsection (2) or (3). (4) Upon application in writing by the holder of a certificate in force under subsection (2) or (3), the Minister may, in his or her discretion, vary the certificate: (a) by deleting the period specified in the certificate (including a period substituted by virtue of a previous application or applications of this subsection) and substituting such longer period as he or she determines; (b) by deleting the number of beds specified in the certificate (including a number substituted by virtue of a previous application or applications of this subsection) and substituting such other number as he or she determines; (c) if specifications are set out in the certificate (including specifications substituted by virtue of a previous application or applications of this subsection)—by deleting those specifications and, if the Minister considers it appropriate to do so, by substituting such other specifications as he or she determines; or (d) if a special purpose is specified in the certificate (including a special purpose substituted by virtue of a previous application or applications of this subsection)—by deleting that special purpose and, if the Minister considers it appropriate to do so, by substituting such other special purpose as he or she determines. (4A) Where the Minister, pursuant to paragraph (2)(b) or (3)(b), specifies a number of beds in a certificate granted under subsection (2) or (3), the Minister may determine, in writing, that such number of those beds as is specified in the determination are approved in relation to a particular special needs group or particular special needs groups. (4B) The Minister may, at any time, on application in writing by the holder of a certificate in force under subsection (2) or (3) or otherwise, revoke or vary a determination made under subsection (4A) in relation to the certificate. (5) The Minister, in exercising his or her powers under subsection (2), (3), (4), (4A) or (4B), shall comply with any relevant principles in force under subsection (6). (6) The Minister may, by instrument in writing, formulate principles to be complied with by him or her with respect to any of his or her powers under subsections (2), (3), (4), (4A) and (4B). (7) In formulating principles under subsection (6), the Minister shall have regard to all matters he or she considers relevant, including, but without limiting the generality of the foregoing: (a) the suitability of an applicant for a certificate under subsection (2) to be the proprietor of an approved nursing home; (b) the need to control unnecessary growth in the numbers of approved nursing homes; and (c) the availability of forms of care other than nursing home care within the meaning of this Act or the National Health Act 1953, including domiciliary and day care and care provided by hostels, hospitals and other institutions and by community services. (8) A matter shall not be taken not to be a relevant matter for the purposes of subsection (7) by reason only that it is not connected with a matter of a kind referred to in paragraph 4(3)(b) of this Act or in paragraph 40AA(3)(b) of the National Health Act 1953. (9) An application under subsection (2), (3) or (4) shall be accompanied by such further information and documents (if any) as are specified by the Minister in writing. (10) A certificate under this section comes into force on the day on which it is granted and remains in force until the expiration of the period specified in the certificate. (11) Upon application in writing by the holder of a certificate in force under this section, the Minister shall revoke the certificate. (12) Where the Minister makes a decision under subsection (2), (3), (4), (4A) or (4B), the Minister shall publish a notice in the Gazette that sets out such particulars in relation to the decision as the Minister considers to be appropriate. (13) Where the Minister makes a decision under subsection (2), (3), (4), (4A) or (4B) refusing, or otherwise than in accordance with, an application, the Minister shall give the applicant notice in writing of the decision. (14) Without limiting the generality of the special purposes that may be specified under this section, a purpose so specified may make provision for a quota or quotas of patients of a particular kind or kinds.