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Regulations in relation to homes.
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2.—(1) The Minister may, for the purpose of ensuring adequate and suitable accommodation, food and care for incapacitated persons while being maintained in homes and the proper conduct of homes, make such regulations as he thinks appropriate in relation to homes.
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(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may—
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(a) prescribe requirements as to the care of incapacitated persons while being maintained in homes,
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(b) prescribe requirements as to the numbers and qualifications of the staffs of homes,
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(c) prescribe requirements as to the design, maintenance, repair, ventilation, heating and lighting of homes and the amount of space in bedrooms and wards in homes,
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(d) prescribe requirements as to the accommodation (including washing facilities and sanitary conveniences) provided in homes,
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(e) prescribe requirements as to the food provided for incapacitated persons while being maintained in homes,
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(f) prescribe requirements as to the cleanliness of homes,
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(g) prescribe requirements as to the description of homes in written communications and the display in homes of notices specified in the regulations,
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(h) provide for the conduct of interviews (including interviews in private) of persons (including staff) in a home where the health authority have reasonable cause to believe that a person in the home is not receiving proper care,
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(i) provide for the enforcement and execution of the regulations by health authorities and their officers.
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(3) Regulations under this section prescribing requirements of the kind referred to in paragraph (a) or (b) of subsection (2) of this section shall provide that a requirement shall not apply in relation to a home carried on by or on behalf of a religious body or organisation if compliance with that requirement by the home would be contrary to the religious beliefs or principles of the body or organisation.
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(4) Regulations under this section prescribing requirements of the kind referred to in paragraph (a) of subsection (2) of this section shall provide that a requirement shall not apply in relation to a person if submission by the person to the carrying out of that requirement in relation to him would be contrary to his religious beliefs or principles.
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(5) Where, in relation to a home, there is a contravention of a provision of regulations under this section, the person carrying on the home and any person concerned with the management thereof shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding fifty pounds, and, in the case of a continuing offence, to a further fine (not exceeding fifty pounds in all) not exceeding five pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both the fine or fines and the imprisonment.
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(6) (a) Where a person is convicted of an offence under this section, the Court may, either in addition to or in substitution for the penalties referred to in subsection (5) of this section, by order declare that the person shall be disqualified during such period as may be specified in the order for carrying on, or taking part in the management of, the home to which the conviction related or, at the discretion of the Court, of any home.
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(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, or take part in the management of, the home specified in the order or of any home, as the case may be.
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(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds and, in the case of a continuing offence, to a further fine (not exceeding fifty pounds in all) not exceeding five pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both the fine or fines and the imprisonment.
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(7) A person who wilfully obstructs the execution of a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds and, in the case of a continuing offence, to a further fine (not exceeding fifty pounds in all) not exceeding five pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both the fine or fines and the imprisonment.
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