Care Standards Bill - continued        House of Commons
PART II, ESTABLISHMENTS AND AGENCIES - continued
Miscellaneous and supplemental - continued

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Provision of copies of registers.     36. - (1) Subject to subsection (3), the registration authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.
 
      (2) Subject to subsections (3) and (4), any person who asks the registration authority for a copy of, or of an extract from, a register kept for the purposes of this Part shall be entitled to have one.
 
      (3) Regulations may provide that subsections (1) and (2) shall not apply-
 
 
    (a) in such circumstances as may be prescribed; or
 
    (b) to such parts of a register as may be prescribed.
      (4) A fee determined by the registration authority shall be payable for the copy except-
 
 
    (a) in prescribed circumstances;
 
    (b) in any other case where the registration authority considers it appropriate to provide the copy free of charge.
Service of documents.     37. - (1) Any notice or other document required under this Part to be served on a person carrying on or managing, or intending to carry on or manage, an establishment or agency may be served on him-
 
 
    (a) by being delivered personally to him; or
 
    (b) by being sent by post to him in a registered letter or by the recorded delivery service at his proper address.
      (2) For the purposes of section 7 of the Interpretation Act 1978 (which defines "service by post") a letter addressed to a person carrying on or managing an establishment or agency enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the establishment or agency.
 
      (3) Where a notice or other document is served as mentioned in subsection (1)(b), the service shall, unless the contrary is proved, be deemed to have been effected on the third day after the day on which it is sent.
 
      (4) Any notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
 
      (5) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person shall be-
 
 
    (a) in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;
 
    (b) in the case of a partner of a firm, that of the principal office of the firm; and
 
    (c) in any other case, the last known address of the person.
Transfers of staff under Part II.     38. - (1) The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.
 
      (2) In this section-
 
 
    "eligible employee" means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this Part;
 
    "new employer" means the registration authority;
 
    "old employer" means a local authority or a Health Authority.
Temporary extension of meaning of "nursing home".     39. In section 21 of the Registered Homes Act 1984 (meaning of nursing home)-
 
 
    (a) in subsection (1), after "(3)" there is inserted "and (3A)";
 
    (b) in subsection (2), for "subsection (1) above" there is substituted "this section";
 
    (c) in subsection (3)(e)(ii), "dental practitioner or" is omitted; and
 
    (d) after subsection (3) there is inserted-
 
    "(3A) The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.
 
      (3B) This subsection applies if-
 
 
    (a) the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and
 
    (b) the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia-
 
      (i) in pursuance of the National Health Service Act 1977; or
 
      (ii) under an agreement made in accordance with Part I of the National Health Service (Primary Care) Act 1997.
      (3C) This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above."
 
Temporary extension of meaning of "children's home".     40. In section 63(3)(a) of the 1989 Act (meaning of "children's home"), for "more than three children at any one time" there shall be substituted "children".
 
Children's homes: temporary provision about cancellation of registration.     41. - (1) In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)-
 
 
    (a) in paragraph (a), after "is not" there shall be inserted ", or has not been,";
 
    (b) after "is" there shall be inserted ", or has been,".
      (2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted-
 
 
    "(6) In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on."
 
      (3) In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children's homes), after "is being" there shall be inserted "and has been".
 
      (4) In paragraph 4 of that Schedule-
 
 
    (a) in sub-paragraph (3) after "is being" there shall be inserted ", or has been,";
 
    (b) after sub-paragraph (4) there shall be inserted-
 
    "(5) In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on."
 
Power to extend the application of Part II.     42. - (1) Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) or (3) applies.
 
      (2) This subsection applies to-
 
 
    (a) local authorities providing services in the exercise of their social services functions; and
 
    (b) persons who provide services which are similar to services which-
 
      (i) may or must be so provided by local authorities; or
 
      (ii) may or must be provided by Health Authorities, Special Health Authorities, NHS trusts or Primary Care Trusts.
      (3) This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).
 
      (4) The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2).
 
 
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