Health (Nursing Homes) Act, 1990
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Appeals. |
5.—(1) A person, being the registered proprietor or, as the case may be, the person intending to be the registered proprietor, of a nursing home, may appeal to the District Court against a decision of a health board to refuse to register the home, to refuse to give, or to revoke, a declaration under section 4 (4), to remove the home from the register or to attach a condition, or to amend or revoke a condition attached, to the registration of the home and such an appeal shall be brought within 21 days of the receipt by the person of the notification of the decision under section 4 and that court may, as it thinks proper, confirm the decision or direct the health board, as may be appropriate, to register, or to restore the registration of, the home, to give, or to withdraw the revocation of, a declaration under section 4 (4), to withdraw the condition or the amendment to or revocation of a condition, to attach a specified condition to the registration or to make a specified amendment to a condition of the registration. | |
(2) The jurisdiction conferred on the District Court by this section 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. | ||
(3) A decision of the District Court under this section on a question of fact shall be final. | ||
(4) Where a notification of a decision specified in subsection (1) (other than a decision to refuse to register a nursing home which was not registered or deemed to be registered at the time of the relevant application for registration) is given under section 4 , then— | ||
(a) during such period from such notification (not being less than 21 days) as the health board concerned considers reasonable and specifies in the notification, the nursing home shall be treated as if the decision had not been made and, if the decision was to refuse an application under paragraph (a) of section 4 (12) for registration, be treated as if it had been registered and the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a), and | ||
(b) if an appeal against the decision is brought under this section, during— | ||
(i) the period from the end of the period aforesaid until the determination or withdrawal of the appeal or any appeal therefrom or from any such appeal, and | ||
(ii) such further period (if any) as the Court concerned considers reasonable and specifies in its decision, | ||
the nursing home shall— | ||
(I) be treated for the purposes of section 3 as if the appeal had been upheld, and | ||
(II) if the appeal was against a decision of the health board to refuse an application under paragraph (a) of section 4 (12) for registration, be treated as if the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a). | ||
(5) The health board concerned shall be given notice of an appeal under this section and shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. |