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Older Persons Act, 2006 (Act No. 13 of 2006)

Chapter 4 : Residential Facilities

18. Prohibition on operation of unregistered residential facilities, and registration of such facilities

 

(1)
(a) Subject to section 35, no person may operate a residential facility unless such facility has been registered under this section;
(b) Paragraph (a) does not apply to a private residence in which an older person is looked after by a family member.

 

(2) A person who wishes to operate a residential facility must, in the prescribed manner, apply to the Minister for registration thereof.

 

(3) After consideration of an application contemplated in subsection (2) the Minister may—
(a) refuse the application or grant it subject to such conditions as he or she may determine, and if he or she grants it, direct that a registration certificate specifying those conditions be issued to the applicant in the prescribed form; or
(b) subject to such conditions as he or she may determine, grant authority to the applicant to operate the residential facility for such period, not exceeding 12 months, as the Minister may determine, and direct that a temporary registration certificate specifying those conditions be issued to the applicant in the prescribed form for that period, and after expiration of the said period, or after notice by the applicant in the prescribed manner that the said conditions have been complied with, whichever occurs first, reconsider the application.

 

(4) Temporary registration contemplated in subsection (3)(b) may not be extended for more than 12 months under the same conditions.

 

(5) The Minister may at any time after one month’s notice of his or her intention to do so, and after consideration of any representations received by him or her during such month, amend or cancel a registration certificate issued in terms of subsection (3)(a).

 

(6)
(a) The amendment or cancellation of such registration certificate must be effected by notice to the holder thereof, and takes effect on a date specified in the notice;
(b) The date specified in the notice may not be earlier than three months for permanent registration and one month for temporary registration after the date of the notice, unless the Minister and the holder of the registration certificate have agreed otherwise.

 

(7) A person to whom a registration certificate has been issued in terms of subsection (3) may not transfer it to any other person.

 

(8) If the registration of a residential facility has been cancelled in terms of subsection (5), or if the operator of a residential facility wishes to close down such facility for any reason, he or she must take reasonable steps to ensure that on the closing down of such facility the older persons concerned are accommodated in another registered residential facility or with persons who, in the opinion of a social worker, are fit and proper persons for accommodating the older person or older persons.

 

(9) Any person who contravenes or fails to comply with a provision of this section, or of a condition imposed thereunder, is guilty of an offence.