Care Standards Bill [H.L.] - continued        House of Lords
PART II, ESTABLISHMENTS AND AGENCIES - continued
Miscellaneous and supplemental - continued

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Service of documents.     36. - (1) Any notice or other document required under this Part to be served on a person carrying on or managing, or intending to carry on or manage, an establishment or agency may be served on him-
 
 
    (a) by being delivered personally to him; or
 
    (b) by being sent by post to him in a registered letter or by the recorded delivery service at his proper address.
      (2) For the purposes of section 7 of the Interpretation Act 1978 (which defines "service by post") a letter addressed to a person carrying on or managing an establishment or agency enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the establishment or agency.
 
      (3) Where a notice or other document is served as mentioned in subsection (1)(b), the service shall, unless the contrary is proved, be deemed to have been effected on the third day after the day on which it is sent.
 
      (4) Any notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
 
      (5) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person shall be-
 
 
    (a) in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;
 
    (b) in the case of a partner of a firm, that of the principal office of the firm; and
 
    (c) in any other case, the last known address of the person.
Transfers of staff.     37. - (1) This section applies to a person ("the designated employee") if-
 
 
    (a) immediately before the commencement of section 10 he was employed by a local authority or Health Authority ("the old employer") under a contract of employment which would have continued but for the provisions of this Part; and
 
    (b) he is designated for the purposes of this section by an order made, at any time, by the appropriate Minister.
      (2) The contract of employment between the designated employee and the old employer shall have effect from the commencement of section 10 as if originally made between him and the registration authority.
 
      (3) Without prejudice to subsection (2)-
 
 
    (a) all the rights, powers, duties and liabilities of the old employer under, or in connection with, the contract shall by virtue of this section be transferred at the commencement of section 10 to the registration authority; and
 
    (b) anything done before that commencement by or in relation to the old employer in respect of the contract or the designated employee shall be deemed from that date to have been done by or in relation to the registration authority.
Temporary extension of meaning of "nursing home".     38. In section 21 of the Registered Homes Act 1984 (meaning of nursing home), for subsection (3)(e)(ii) there shall be substituted-
 
 
    "(ii) by a dental practitioner for the purpose of treating his patients, unless also used or intended to be used for treating them under general anaesthesia;
 
    (iia) by a chiropodist for the purpose of treating his patients;".
Temporary extension of meaning of "children's home".     39. In section 63(3)(a) of the 1989 Act (meaning of "children's home"), for "more than three children at any one time" there shall be substituted "children".
 
Power to extend the application of Part II.     40. - (1) Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons who provide relevant services.
 
      (2) In this section, "relevant services" means services which are similar to services which may or must be provided by local authorities in the exercise of their social services functions.
 
 
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