Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Nursing Homes Act 1975

As Enacted Cited authorities 34 Cited in Amendments 66 Related
Vincent
JurisdictionUK Non-devolved
Citation1975 c. 37
Year1975


Nursing Homes Act 1975

1975 CHAPTER 37

An Act to consolidate certain enactments relating to nursing homes.

[3rd July 1975]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Meaning of ‘nursing home’ and ‘mental nursing home’

Meaning of ‘nursing home’ and ‘mental nursing home’

S-1 Meaning of ‘nursing home’.

1 Meaning of ‘nursing home’.

(1) In this Act ‘nursing home’ means, subject to subsection (2) below, any premises used, or intended to be used, for the reception of, and the providing of nursing for, persons suffering from any sickness, injury or infirmity.

(2) In this Act ‘nursing home’ includes a maternity home (that is to say, any premises used, or intended to be used, for the reception of pregnant women, or of women immediately after childbirth), but does not include—

(a ) any hospital or other premises maintained or controlled by a Government department, a local authority as defined in subsection (3) below, or any other authority or body constituted by special Act of Parliament or incorporated by Royal Charter; or

(b ) any mental nursing home as defined in section 2 below.

(3) In subsection (2)(a ) above ‘local authority’ means a county council, the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, and the Under Treasurer of the Middle Temple.

S-2 Meaning of ‘mental nursing home’.

2 Meaning of ‘mental nursing home’.

(1) In this Act ‘mental nursing home’ means, subject to subsection (2) below, any premises used, or intended to be used, for the reception of, and the provision of nursing or other medical treatment (including care and training under medical supervision) for, one or more mentally disordered patients (meaning persons suffering, or appearing to be suffering, from mental disorder), whether exclusively or in common with other persons.

(2) In this Act ‘mental nursing home’ does not include any hospital as defined in subsection (3) below, or any other premises managed by a Government department or provided by a local authority.

(3) In subsection (2) above ‘hospital’ means—

(a ) any hospital vested in the Secretary of State by virtue of the National Health Service Act 1946 ;

(b ) any accommodation provided by a local authority, and used as a hospital by or on behalf of the Secretary of State under the National Health Service Acts 1946 to 1973; and

(c ) any special hospital within the meaning of section 40(1) of the National Health Service Reorganisation Act 1973 .

Registration and conduct of nursing homes and mental nursing homes

Registration and conduct of nursing homes and mental nursing homes

S-3 Registration of nursing homes and mental nursing homes.

3 Registration of nursing homes and mental nursing homes.

(1) Any person who carries on a nursing home or a mental nursing home without being registered under this Act in respect of that home shall be guilty of an offence.

(2) An application for registration under this Act—

(a ) shall be made to the Secretary of State;

(b ) shall be accompanied by a fee of such amount as the Secretary of State may by regulations prescribe;

(c ) in the case of a mental nursing home, shall specify whether or not it is proposed to receive in the home patients who are liable to be detained under the provisions of the Mental Health Act 1959 .

(3) Subject to section 4 below, the Secretary of State shall, on receiving an application under subsection (2) above, register the applicant in respect of the home named in the application, and shall issue to the applicant a certificate of registration.

(4) Where a person is registered in pursuance of an application stating that it is proposed to receive in the home such patients as are described in subsection (2)(c ) above—

(a ) that fact shall be specified in the certificate of registration; and

(b ) the particulars of the registration shall be entered by the Secretary of State in a separate part of the register.

(5) The certificate of registration issued under this Act in respect of any nursing home or mental nursing home shall be kept affixed in a conspicuous place in the home, and if default is made in complying with this subsection the person carrying on the home shall be guilty of an offence.

S-4 Refusal of registration.

4 Refusal of registration.

4. The Secretary of State may refuse to register an applicant in respect of a nursing home or a mental nursing home if he is satisfied—

a ) that the applicant, or any person employed or proposed to be employed by the applicant at the home, is not a fit person (whether by reason of age or otherwise) to carry on or be employed at a home of such a description as that named in the application; or
b ) that, for reasons connected with situation, construction state of repair, accommodation, staffing or equipment the home is not, or any premises used in connection therewith are not, fit to be used for such a home; or
c ) that the home is, or any premises used in connection therewith are, used, or proposed to be used, for purposes which are in any way improper or undesirable in the case of such a home; or
d ) in the case of a home other than a maternity home—

(i) that the home is not, or will not be, under the charge of a person who is either a registered medical practitioner or a qualified nurse, and is or will be resident in the home; or

(ii) that there is not, or will not be, a proper proportion of qualified nurses among the persons having the superintendence of, or employed in the nursing of the patients in, the home; or

e ) in the case of a maternity home—

(i) that the person who has, or will have, the superintendence of the nursing of the patients in the home is not either a qualified nurse or a certified midwife; or

(ii) that any person employed, or proposed to be employed, in attending any woman in the home in childbirth, or in nursing any patient in the home, is not either a registered medical practitioner, a certified midwife, a pupil midwife, or a qualified nurse.

S-5 Regulations as to conduct of homes.

5 Regulations as to conduct of homes.

(1) The Secretary of State may make regulations as to the conduct of nursing homes and mental nursing homes, and such regulations may in particular—

(a ) make provision as to the facilities and services to be provided in such homes;

(b ) provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence against the regulations.

(2) In the case of nursing homes, regulations made under subsection (1) above may empower the Secretary of State to limit the number of persons, or persons of any description, who may be received into any such home, and enable registration of any such home to be made subject to the condition that persons shall not be received into the home in excess of the number fixed for the home in accordance with the regulations.

S-6 Supplementary regulations.

6 Supplementary regulations.

6. The Secretary of State may make regulations—

a ) with respect to the registration of persons under this Act in respect of nursing homes and mental nursing homes, and in particular with respect to—

(i) the making of applications for registration;

(ii) the refusal and cancellation of registration; and

(iii) appeals to magistrates' courts against refusals and cancellations of registration;

b ) with respect to the keeping of records relating to nursing homes and mental nursing homes and with respect to the notification of events occurring in such homes
c ) with respect to entry into and the inspection of premises used or reasonably believed to be used as a nursing home;
d ) providing that a contravention of or failure to comply with any specified provision of the regulations shall be an offence against the regulations.
S-7 Cancellation of registration.

7 Cancellation of registration.

7. The Secretary of State may at any time cancel the registration of a person in respect of a nursing home or a mental nursing home—

a ) on any ground which would entitle him to refuse an application for the registration of that person in respect of that home;
b ) on the ground that that person has been convicted of an offence against the provisions of this Act relating to nursing homes or mental nursing homes, or on the ground that any other person has been convicted of such an offence in respect of that home;
c ) on the ground that any condition imposed by section 8(1) and (2) below has not been complied with;
d ) on the ground that that person has been convicted of an offence against regulations made under section 5 or section 6 above.
S-8 Additional registration conditions for mental nursing homes.

8 Additional registration conditions for mental nursing homes.

(1) It shall be a condition of the registration of any person in respect of a mental nursing home that the number of persons kept at any one time in the home (excluding persons carrying on, or employed in, the home, together with their families) does not exceed such number as may be specified in the certificate of registration.

(2) Without prejudice to subsection (1) above, any such registration may be effected subject to such conditions (to be specified in the certificate of registration) as the Secretary of State may consider appropriate for regulating the age, sex or other category of persons who may be received in the home in question.

(3) If any condition imposed by or under subsection (1) or (2) above is not complied with, the person carrying on the home shall be guilty of an offence.

S-9 Inspection of mental nursing homes and visiting of patients.

9 Inspection of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT