# The Nursing Homes Registration (Scotland) Amendment Regulations 1992

S.I. 1992/1443 · made 12 June 1992

These Regulations further amend the Nursing Homes Registration (Scotland) Regulations 1990 (S.I. 1990/1310) ( “the principal Regulations”) which make provision for the registration of persons in respect of nursing homes under the Nursing Homes Registration (Scotland) Act 1938.

Made under: 1938 c. 73

## Introductory text

PUBLIC HEALTH, SCOTLAND
Made 12th June 1992
Laid before Parliament 30th June 1992
Coming into force 21st July 1992
The Secretary of State, in exercise of the powers conferred on him() by sections 1(2) and 3A of the Nursing Homes Registration (Scotland) Act 1938(), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Nursing Homes Registration (Scotland) Amendment Regulations 1992 and shall come into force on 21st July 1992.
(2) In these Regulations, a reference to “the principal Regulations” is a reference to the Nursing Homes Registration (Scotland) Regulations 1990().

## 2 Amendment of regulation 11 of the principal Regulations

After paragraph (3) of regulation 11 of the principal Regulations (powers of entry, inspection and production of documents) there is inserted the following paragraph:—
“(4) Nothing in this regulation is to be taken as requiring or authorising the person registered to disclose information contrary to the provisions of section 33(5) of the Human Fertilisation and Embryology Act 1990() (restrictions on disclosure of information).”.

## 3 Amendment of Schedule 1 to the principal Regulations

In the Form of Application for Registration in respect of a Nursing Home set out in Schedule 1 to the principal Regulations, for paragraph 13 of the Particulars there is substituted the following paragraph:—
“13 Confirm that the use of the home or any associated premises is not in contravention of any term of an authorisation granted under section 13(2) of the Health Services Act 1976() prior to 1st April 1991 and which continues to have effect by virtue of section 63(2) of the National Health Service and Community Care Act 1990().”.

## Signature

Fraser of Carmyllie
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
12th June 1992

## Explanatory note

(This note is not part of the Regulations)
These Regulations further amend the Nursing Homes Registration (Scotland) Regulations 1990 (S.I. 1990/1310) ( “the principal Regulations”) which make provision for the registration of persons in respect of nursing homes under the Nursing Homes Registration (Scotland) Act 1938.
The Regulations amend regulation 11 of the principal Regulations to make it clear that the person registered is not required or authorised to disclose information contrary to section 33(5) of the Human Fertilisation and Embryology Act 1990 (c. 37) (which came into force on 1st August 1991 and which prohibits persons to whom licences apply in respect of the provision of treatment services under that Act and persons to whom directions have been given under section 23 of that Act from disclosing certain information).
The Regulations also make a minor amendment to the Form of Application for Registration in respect of a Nursing Home set out in Schedule 1 to the principal Regulations consequential on the repeal of the Health Services Act 1976 (c. 83) by the National Health Service and Community Care Act 1990 (c. 19).

---
Source: https://www.legislation.gov.uk/uksi/1992/1443 (the official version)
Page: https://openlegislation.uk/nursing-homes-registration-scotland-amendment-regulations-1992
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.