83 Criteria for registration (1) In determining whether to register or refuse to S. 83(1) amended by register premises as a health service No. 46/1998 establishment, the Secretary must consider— s. 7(Sch. 1). (a) any relevant guidelines under Part 2; and (b) whether the carrying on of the establishment may result in more than adequate health services of any kind becoming available in the area; and (c) whether the applicant— (i) is a fit and proper person to carry on the establishment; and (ii) has and is likely to continue to have the S. 83(1)(c)(ii) amended by financial capacity to carry on the No. 55/2006 s. 7(1). establishment; and (d) if the applicant is a body corporate, whether S. 83(1)(d) amended by each director or other officer of the body No. 55/2006 corporate who exercises or may exercise s. 7(1). control over the body corporate is a fit and proper person to carry on or exercise control over the establishment; and (e) the suitability of the location of the premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and (f) the suitability of the design and construction of the premises for the particular kind of establishment; and (g) the suitability of the fittings and equipment of the premises for the particular kind of establishment; and
83 Criteria for registration S. 83(1) amended by No. 46/1998 s. 7(Sch. 1). (1) In determining whether to register or refuse to register premises as a health service establishment, the Secretary must consider— (a) any relevant guidelines under Part 2; and (b) whether the carrying on of the establishment may result in more than adequate health services of any kind becoming available in the area; and (c) whether the applicant— (i) is a fit and proper person to carry on the establishment; and S. 83(1)(c)(ii) amended by No. 55/2006 s. 7(1). (ii) has and is likely to continue to have the financial capacity to carry on the establishment; and S. 83(1)(d) amended by No. 55/2006 s. 7(1). (d) if the applicant is a body corporate, whether each director or other officer of the body corporate who exercises or may exercise control over the body corporate is a fit and proper person to carry on or exercise control over the establishment; and (e) the suitability of the location of the premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and (f) the suitability of the design and construction of the premises for the particular kind of establishment; and (g) the suitability of the fittings and equipment of the premises for the particular kind of establishment; and
88-49a152.docx