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Temporary management of nursing homes by health boards.
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9.—(1) (a) Where a health board is of opinion that, in relation to a nursing home in its functional area, there is a failure to comply with the regulations, it may, with the consent of the registered proprietor of the home or in pursuance of an order of the District Court under subsection (2), take charge of and manage the home and may, for that purpose appoint a person to take charge of and manage the home on its behalf during such period as the health board or the District Court, as may be appropriate, may determine.
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(b) A person appointed under paragraph (a) shall have all such powers as are reasonably required for the purposes of his functions under that paragraph.
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(c) The registered proprietor of a nursing home and any person in charge of or managing it shall not be in charge of or take part in the management of the home during a period in which a health board or a person appointed by it, is in charge of and managing the home under this section.
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(d) The amount paid by a health board to a person appointed by it under paragraph (a) in respect of the salary of the person payable by the board under the terms of the appointment may, if the board so thinks fit, be recovered by the board from the registered proprietor of the nursing home concerned as a simple contract debt in any court of competent jurisdiction.
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(2) (a) Where, on application to it in that behalf by a health board, the District Court is satisfied that, in relation to a nursing home in the functional area of the board, there is a failure to comply with the regulations, that Court may make an order (in this subsection referred to subsequently as “a management order”) authorising the health board to take charge of and manage the home, and, for that purpose, to appoint such person as the board may determine to manage and take charge of the home on its behalf, during such period, not exceeding three months, as may be specified in the order.
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(b) An application under paragraph (a) may be made either on notice to the registered proprietor of the nursing home concerned or ex parte, but the period specified in a management order made pursuant to an application made ex parte shall not exceed two weeks.
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(c) A management order may be made from time to time in respect of a particular nursing home.
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(d) The jurisdiction conferred on the District Court by this subsection shall be exercised by the justice of the District Court for the time being assigned to the District Court district in which the nursing home concerned is situated.
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