NURSING HOMES AND NURSING AGENCIES ACT (NORTHERN IRELAND) 1971 - SECT 13 Circumstances in which licences may be refused or revoked.

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NURSING HOMES AND NURSING AGENCIES ACT (NORTHERN IRELAND) 1971 - SECT 13

Circumstances in which licences may be refused or revoked.

13.(1) An application for a licence under section 12 may be refused, and any
licence issued under section 12 may be revoked, on any of the following
grounds

(a)that the applicant or, as the case may be, the holder of the licence is an
individual under the age of twenty-one years or is unsuitable to hold such a
licence;

(b)that the premises are unsuitable;

(c)that the nursing agency has been or is being improperly conducted;

(d)that an offence under section 16 has been committed in connection with the
carrying on of the nursing agency.

(2) Before refusing any application for a licence under section 12 or revoking
any such a licence, the Ministry shall give to the applicant or, as the case
may be, to the holder of the licence not less than fourteen days' notice of
the Ministry's intention in that behalf.

(3) Every notice under subsection (2) shall

(a)state the grounds on which the Ministry intends to refuse the application
or, as the case may be, to revoke the licence; and

(b)contain an intimation that, if, within fourteen days after the receipt of
the notice, the applicant or, as the case may be, the holder of the licence
informs the Ministry in writing that he desires to do so, the Ministry will,
before proceeding to such refusal or, as the case may be, revocation, give him
(in person or by a representative) an opportunity of showing cause why the
application should not be refused or, as the case may be, why the licence
should not be revoked.

(4) Where the Ministry, after giving the applicant or, as the case may be, the
holder of the licence (if, under subsections (2) and (3), he is entitled to do
so) an opportunity of showing cause as aforesaid, decides to refuse the
application or, as the case may be, to revoke the licence, the Ministry shall
make an order to that effect and shall send a copy of the order by registered
post or by the recorded delivery service to the applicant or, as the case may
be, to the holder of the licence.

(5) An applicant for a licence under section 12 who is aggrieved by the
refusal of the Ministry to issue such a licence to him, or a holder of such a
licence who is aggrieved by the revocation by the Ministry of the licence, or
by any conditions attached to the licence, may, within twenty-one days from
the receipt by him of notice of the refusal of the licence or, as the case may
be, of the revocation of the licence or of the issue of the licence subject to
the conditions, appeal to a court of summary jurisdiction, which may make such
order thereon as it thinks just.

(6) The Ministry shall, if required by the person aggrieved to do so, send or
deliver to him, within seven days from the receipt of the requirement,
particulars in writing of the ground for the refusal or, as the case may be,
for the revocation or the attachment of the conditions.

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Northern Irish Legislation

NURSING HOMES AND NURSING AGENCIES ACT (NORTHERN IRELAND) 1971 - SECT 13