Nursing Homes Support Scheme (Making and Discharge of Orders) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 437/2009
• Year: 2009

S.I. No. 437 of 2009

NURSING HOMES SUPPORT SCHEME (MAKING AND DISCHARGE OF ORDERS) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd November, 2009.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by Section 36 of the Nursing Homes Support Scheme Act 2009 hereby make the following Regulations:

1. These Regulations may be cited as the Nursing Homes Support Scheme (Making and Discharge of Orders) Regulations 2009.

2. Form 1 in Schedule 1 of this Regulation is prescribed as the form of an order to be made under section 17(2) of the Nursing Homes Support Scheme Act 2009 in a case where the land concerned is registered land and Regulation 3 does not apply.

3. Form 2 in Schedule 1 of this Regulation is prescribed as the form of an order to be made under section 17(2) of the Nursing Homes Support Scheme Act 2009 in a case where the land concerned is registered land and the land the subject of the order does not comprise the entire of the property described in the Land Registry folio concerned.

4. Form 3 in Schedule 1 of this Regulation is prescribed as the form of an order to be made under section 17(2) of the Nursing Homes Support Scheme Act 2009 in a case where the land concerned is unregistered land.

5. Form 4 in Schedule 2 of this Regulation is prescribed as—

(a) the form of a receipt in respect of the secured amount due to the Executive on foot of ancillary State support advanced under the Nursing Homes Support Scheme Act 2009 , and

(b) the form of an application for the cancellation in the Land Registry of a charge relating to an order created under section 17 of the Nursing Homes Support Scheme Act 2009 ,

where the land concerned is registered land.

6. Form 5 in Schedule 2 of this Regulation is prescribed as the form of a receipt in respect of the secured amount due to the Executive on foot of ancillary State support advanced under the Nursing Homes Support Scheme Act 2009 , in a case where the land concerned is unregistered land.

SCHEDULE 1

Form 1

Land Registry

County Folio

Charging Order dated the .......... day of , 20...........

The Health Service Executive, in exercise of the powers conferred on it by section 17 of the Nursing Homes Support Scheme Act 2009 , hereby charges the interest of .................................. in the property comprised in Folio .......... of the register County ............................................ with payment of the secured amount payable with respect to ancillary State support advanced by the said Executive pursuant to the said Act.

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