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Revocation and suspension of licence

Homes for the Aged Bill

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Proposed text

—(1) The Director may revoke or suspend a licence to use any premises as a home —(a)on any of the grounds specified in section 5;(b)if the licensee fails to comply with any direction given by the Director under section 15(1) or (2);(c)if the premises are no longer being used as a home;(d)if a home does not conform in all respects with minimum standards of accommodation that may be prescribed;(e)if in the opinion of the Director the construction of the home constitutes a fire risk, or the fire-fighting equipment available, or the means of escape provided, or the other precautions taken for avoiding danger from fire, extinguishing fire or otherwise protecting residents from fire, do not conform with the minimum standard required for homes;(f)if in the opinion of the Director —(i)the standard of care available to residents in a home is unsatisfactory;(ii)any resident has been ill-treated or neglected in a manner likely to cause unnecessary suffering or has been kept in an environment that is injurious to his mental or physical health;(iii)the premises of a home are unsafe for residents or are insanitary; or(iv)the premises of a home are in such a condition, or a home is managed or conducted in such a manner, that the revocation of the licence is required in the interests of the residents or in the public interest;(g)if a home does not comply with any requirement under this Act or any regulations made thereunder relating to staff;(h)if the premises of a home are not repaired or altered as required by the Director;(i)if a licensee is convicted for contravening any of the provisions of this Act or any regulations made thereunder or if he fails to comply with any direction given by the Director under this Act; or(j)if a licensee has contravened or if he fails to comply with any of the conditions specified in the licence.(2) Before revoking or suspending a licence, the Director shall give notice to the licensee of the ground or grounds on which it is proposed to revoke or suspend the licence and shall afford the licensee an opportunity of showing cause why the licence should not be revoked or suspended.

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