Registered Homes Act 1984
Registered Homes Act 1984
1984 CHAPTER 23
An Act to consolidate certain enactments relating to residential care homes and nursing homes and Registered Homes Tribunals, with amendments to give effect to recommendations of the Law Commission.
[26th June 1984]
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:—
Part I
Residential Care Homes
Registration and conduct of residential care homes
1 Requirement of registration.
(1) Subject to the following provisions of this section, registration under this Part of this Act is required in respect of any establishment which provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons 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.
(2) Such an establishment is referred to in this Part of this Act as a ‘residential care home’.
(3) Registration under this Part of this Act does not affect any requirement to register under Part II of this Act.
(4) Registration under this Part of this Act is not required in respect of 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.
(5) Registration under this Part of this Act is not required in respect of any of the following—
(a ) any establishment which is used, or is intended to be used, solely as a nursing home or mental nursing home;
(b ) any hospital as defined in section 128 of the National Health Service Act 1977 which is maintained in pursuance of an Act of Parliament;
(c ) any hospital as defined in section 145(1) of the Mental Health Act 1983 ;
(d ) any voluntary home or community home within the meaning of the Child Care Act 1980 ;
(e ) any children's home to which the Children's Homes Act 1982 applies;
(f ) subject to subsection (6) below, any school, as defined in section 114 of the Education Act 1944 ;
(g ) subject to subsection (7) below, any establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b ) of the Education Act 1944;
(h ) any university or university college or college, school or hall of a university;
(j ) any establishment managed or provided by a government department or local authority or by any authority or body constituted by an Act of Parliament or incorporated by Royal Charter.
(6) An independent school within the meaning of the Education Act 1944 is not excluded by subsection (5) above if the school provides accommodation for 50 or less children under the age of 18 years and is not for the time being approved by the Secretary of State under section 11(3)(a ) of the Education Act 1981 .
(7) An establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b ) of the Education Act 1944 is only excluded by subsection (5) above until the end of the period of 12 months from the date on which the Secretary of State made the payment.
2 Offence of carrying on home without registration.
2. If any person carries on a residential care home without being registered under this Part of this Act in respect of it, he shall be guilty of an offence.
3 Registration of managers etc. and persons in control.
3. Where the manager or intended manager of a residential care home is not in control of it (whether as owner or otherwise) both the manager or intended manager and the person in control are to be treated as carrying on or intending to carry on the home and accordingly as requiring to be registered under this Part of this Act.
4 Optional registration.
(1) A person who—
(a ) is registered under Part II of this Act in respect of any premises; and
(b ) would be required to be registered in respect of them under this Part of this Act but for section 1(4) above,
may apply to be registered under this Part of this Act in respect of those premises.
(2) If he does so apply, this Part of this Act shall have effect in relation to him as if he required to be registered under this Part of this Act in respect of those premises.
5 Registration—general.
(1) An application for registration under this Part of this Act shall be made to the registration authority and shall be accompanied by a registration fee of such amount as the Secretary of State may by regulations prescribe.
(2) Subject to sections 9, 12 and 13 below, on receipt of an application for registration and of the registration fee the registration authority shall register the applicant in respect of the home named in the application and issue to him a certificate of registration.
(3) It shall be a condition of the registration of any person in respect of a residential care home that the number of persons for whom residential accommodation with both board and personal care is provided in the home at any one time (excluding persons carrying on or employed at the home and their relatives) does not exceed such number as may be specified in the certificate of registration; and the registration may also be subject to such other conditions (to be specified in the certificate) as the registration authority consider appropriate for regulating the age, sex or category of persons who may be received in the home.
(4) The registration authority may from time to time—
(a ) vary any condition for the time being in force in respect of a home by virtue of this Part of this Act; or
(b ) impose an additional condition,
either on the application of a person registered in respect of it or without such an application.
(5) If any such condition for the time being in force in respect of a home by virtue of this Part of this Act is not complied with, any person registered in respect of the home shall be guilty of an offence.
(6) The certificate of registration issued in respect of any home shall be kept affixed in a conspicuous place in the home; and if default is made in complying with this subsection, any person registered in respect of the home shall be guilty of an offence.
6 Death of only person registered in respect of home.
6. Where—
his personal representatives or his widow or any other relative of his may for a period not exceeding 4 weeks from his death, or such longer period as the registration authority may sanction, carry on the home without being registered in respect of it.
7 Inspection of registers.
7. The registers kept by a registration authority for the purposes of this Part of this Act shall be available for inspection at all reasonable times, and any person inspecting any such register shall be entitled to make copies of entries in the register on payment of such reasonable fee as the registration authority may determine.
8 Annual fee for registration.
8. The Secretary of State may by regulations—
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