The provisions of the two Acts are broadly similar. These Acts are now pretty long in the tooth. So the Acts are long-overdue for revision. Most licensing authorities take a reasonably tolerant view on all the aspects of the Acts that are obviously outdated and outmoded by modern business practice, while maintaining an emphasis on the spirit and intentions of the legislation. A few licensing authorities and councils take advantage of the provisions in the Acts that allow them to attach whatever conditions they like to the licences as long as they are reasonable and they go unchallenged in the Courts.
Most licensing authorities attach no conditions whatever to their licences, but some do.
The Acts were clearly intended to protect and safeguard nurses, patients and clients alike. Unless the applicant is under 21 years old. Unless the applicant is unsuitable. Unless the office premises are unsuitable. All the above subject to annual inspection and re-licensing, surprise visits and periodic evaluation of agency performance.