Savings and Transitional Provisions
Schedule 2 Savings and Transitional Provisions
Section 57
1. Existing licences
A licence for an establishment that was in force under the former Act immediately before the commencement date is taken to have been issued under this Act.
The licence is taken to be subject to the conditions specified in the licence immediately before the commencement date.
Nothing in subclause (2) affects the operation of section 22.
2. Pending applications for licences
An application for a licence for an establishment made under the former Act that has not been determined before the repeal of section 61 of the former Act is taken to be an application for a licence under section 9.
If the Secretary has, under section 61 of the former Act, approved (whether or not subject to conditions) the plans and specifications relating to any building to be constructed, altered or extended that accompany an application for a licence for an establishment, the Secretary –
may not, under section 10 of this Act, impose a condition relating to the construction or design of the building on an approval of the application in principle; and
may, without limiting the operation of Division 2 of Part 4, refuse an application if the building is not constructed, altered or extended in accordance with those plans and specifications or if a condition to which the approval of the plans and specifications was subject has not been complied with.
3. Pending applications to transfer licences An application to transfer a licence for an establishment made under section 61 of the former Act that has not been determined before the commencement date is taken to have been made under this Act and is to be dealt with in accordance with this Act.
4. Pending applications to alter establishments An application to alter or extend an establishment made under section 65 of the former Act that has not been determined before the commencement date is taken to have been made under this Act and is to be dealt with in accordance with this Act.
5. Notice
A notice given to a licensee of an establishment under the former Act and in force immediately before the commencement date is taken to have been given under section 21 and is to have effect accordingly.
If a notice was given to a licensee of an establishment under the former Act less than 14 days before the commencement date –
the licensee may apply to the Secretary for a review of the decision of the Secretary to issue the notice; and
the notice does not take effect until the expiration of 14 days after the notice has been given to the licensee.
6. Pending applications to amend licences An application for amendment of a licence for an establishment made under the former Act that has not been determined before the commencement date is taken to have been made under this Act and is to be dealt with in accordance with the provisions of this Act.
7. Requests for review A request for review of a decision of the Secretary relating to an establishment that was made under the former Act and that has not been determined by the Secretary immediately before the commencement date is taken to be an application for review made under this Act and must be dealt with in accordance with the provisions of this Act.
8. Inquiry Where, immediately before the commencement date, an inquiry relating to the cancellation of a licence for an establishment was being made (or continued by the former Act), the inquiry may continue as if it were made under section 30(2) of this Act.
9. Cancellation If, immediately before the commencement date, the licensee or manager of a private medical establishment, within the meaning of the former Act, is disqualified from holding a licence or being a manager under section 68 or 70A of that Act, he or she is taken to be disqualified from holding a licence under this Act.
10. Appeal Any appeal against a decision of the Minister under section 70I of the former Act that was pending immediately before the commencement date is taken to be pending under section 28 of this Act and may be heard and determined accordingly.
11. Authority to enter and inspect premises Any person who, immediately before the commencement date, was authorised under the former Act to perform any functions specified in that Act (in respect of any licensed establishment or any premises of a proposed establishment) is taken to be a person authorised under this Act.
12. References to former Act A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to, or required (immediately before the commencement date) to be construed as a reference to, the Hospitals Act 1918, in so far as the reference relates to establishments, is to be read as a reference to this Act.
13. Saving for type B procedures Where, during the period of 12 months immediately before the commencement date, type B procedures but no type A procedures were undertaken in any premises, those premises are not required to be licensed until 6 months after that date.
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