Registered Homes (Amendment) Act 1991
| Year | 1991 |
Registered Homes(Amendment) Act 1991
1991 CHAPTER 20
An Act to amend Part I of the Registered Homes Act 1984 so as to require registration in respect of small residential care homes; and for connected purposes.
[27th June 1991]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Registration in respect of small residential care homes.
(1) Part I of the Registered Homes Act 1984 (residential care homes) is amended as follows.
(2) In section 1 (requirement of registration), for subsection (4) (exemption for small homes) substitute—
(4) Registration under this Part of this Act is not required in respect of a small home—
(a) if the only persons for whom it provides or is intended to provide residential accommodation with both board and personal care are persons carrying on or intending to carry on the home or employed or intended to be employed there or their relatives, or
(b) in such other cases as may be prescribed by the Secretary of State.
(4A) In this Part a ‘small home’ means an establishment which provides or is intended to provide residential accommodation with both board and personal care for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.
(4B) The references in subsections (4) and (4A) to the persons for whom residential accommodation is or is intended to be provided relate only to persons who are in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.’.
(3) For section 4 (optional registration of small homes also registered under Part II) substitute—
4 ‘Registration in respect of small home registered under Part II.
(1) A person who—
(a) is required to be registered under this Part in respect of a small home, and
(b) is registered under Part II of this Act in respect of the same premises,
may apply to be registered under this Part as if the home were not a small home.
(2) If he does so the provisions of this Part have effect as in relation to a home which is not a small home.’.
(4) In section 5 (general provisions as to registration), after subsection (2) insert—
(2A) In the case of an application for registration in respect of a small home, the registration authority may waive the whole or part of the registration fee; and in such a case the references in subsections (1) and (2) above to the registration fee shall be construed as references to such registration fee (if any) as may be payable.’;
and in subsection (6) (duty to exhibit certificate of registration) for ‘any home’ substitute ‘a home other than a small home’.
(5) In section 8 (annual fee for registration), make the present provision subsection (1) and after it insert—
(2) In the case of registration in respect of a small home, the registration authority may waive the whole or part of...
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