Health and Disability Services (Safety) Act 2001

Amendments, repeals, revocations, and savings

58 Consequential amendments

(1)

The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.

(2)

The following enactments are consequentially repealed:

(a)
[Repealed]

(b)

Amendment(s) incorporated in the Act(s).

(3)

The Orders in Council specified in Schedule 3 are amended in the manner indicated in that schedule.

(4)

For the purposes of this subsection and the amendments effected by subsections (1) and (3), unless the context otherwise requires,—

hospital care institution

(a)

means premises used to provide hospital care, in accordance with section 9; but where only parts of any premises are used for that purpose, means only those parts and any other parts used for ancillary purposes; and

(b)

at a time before 1 October 2004, includes a licensed hospital (within the meaning of section 118 of the Hospitals Act 1957)

hospital care operator

(a)

means a person for the time being in charge of providing hospital care, in accordance with section 9; but

(b)

at a time before 1 October 2004, includes the licensee of a licensed hospital (within the meaning of section 118 of the Hospitals Act 1957)

residential disability care institution

(a)

means premises used to provide residential disability care, in accordance with section 9; but where only parts of any premises are used for that purpose, means only those parts and any other parts used for ancillary purposes; and

(b)

at a time before 1 October 2004, includes a home registered under Part 2 of the Disabled Persons Community Welfare Act 1975

residential disability care operator

(a)

means a person for the time being in charge of providing residential disability care, in accordance with section 9; but

(b)

at a time before 1 October 2004, includes the controlling authority of a home registered under Part 2 of the Disabled Persons Community Welfare Act 1975

rest home

(a)

means premises used to provide rest home care, in accordance with section 9; but where only parts of any premises are used for that purpose, means only those parts and any other parts used for ancillary purposes; and

(b)

at a time before 1 October 2004, includes a home (within the meaning of the Old People’s Homes Regulations 1987) used to provide rest home care under the authority and in accordance with the terms of a licence granted under those regulations

rest home operator

(a)

means a person for the time being in charge of providing rest home care, in accordance with section 9; but

(b)

at a time before 1 October 2004, includes the licensee of a home (within the meaning of the Old People’s Homes Regulations 1987) used to provide rest home care under the authority and in accordance with the terms of a licence granted under those regulations.

(5)

The Orders in Council amended by subsection (3) may be amended or revoked as if the amendments effected by that subsection had been effected by Order in Council.

Section 58(2)(a): repealed, on 18 September 2004, by section 175(4) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).