National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/753 |
2003 No. 753
SOCIAL CARE, ENGLAND
CHILDREN AND YOUNG PERSONS, ENGLAND
PUBLIC HEALTH, ENGLAND
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003
Made 15th March 2003
Laid before Parliament 17th March 2003
Coming into force 1st April 2003
The Secretary of State, in exercise of the powers conferred upon him by sections 12(2), 15(3), 16(3), 31(7), 45(4), 51(1) and 118(5) to (7) of the Care Standards Act 20001and section 87D(2) of the Children Act 19892and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
PART I
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003 and shall come into force on 1st April 2003.
(2) These Regulations apply to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000;
“the 1957 Act” means the Nurses Agencies Act 19573;
“the 1984 Act” means the Registered Homes Act 19844;
“the 1989 Act” means the Children Act 19895;
“acute hospital” means a hospital of the type referred to in section 2(3)(a)(i) of the Act (not being a hospice) which has approved places;
“adult placement home” means a care home in respect of which the registered provider is an adult placement carer within the meaning of regulation 45 of the Care Homes Regulations 20016;
“approved place” means—
(a) in relation to an establishment, boarding school, residential college or residential special school, a bed provided for the use of a service user at night; or
(b) in relation to a residential family centre, overnight accommodation which is appropriate to a single family;
“boarding school” means a school (not being a residential special school or a school which is a children’s home or a care home) providing accommodation for any child, and “school” has the meaning given to it in section 105(1) of the 1989 Act;
“certificate” means a certificate of registration;
“existing provider” means—
(a) a person who immediately before 1st April 2002—
(i) was registered under Part I of the 1984 Act in respect of a residential care home;
(ii) was registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;
(iii) carried on a home that was registered in a register kept for the purposes of section 60 of the 1989 Act; or
(iv) carried on a home that was registered under Part VIII of the 1989 Act; or
(b) a nurses agency provider;
“hospice” means an establishment the whole or main purpose of which is to provide palliative care;
“listed services” has the same meaning as in section 2(7) of the Act, as modified by regulation 3(4) of the Private and Voluntary Health Care (England) Regulations 20017, but in these Regulations excludes treatment using prescribed techniques or prescribed technology;
“local authority fostering service” means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the Act;
“mental health hospital” means a hospital of the type referred to in section 2(3)(b) of the Act;
“new provider” means a person who—
(a) carries on a residential family centre, nurses agency or domiciliary care agency, and first carried on that establishment or agency after 1st April 2003; or
(b) carries on any other description of establishment or agency, and first carried on that establishment or agency after 1st April 2002;
“nurses agency provider” means a person who—
(a) carries on an agency for the supply of nurses within the meaning of the 1957 Act; and
(b) is the holder of a licence which has been granted to him by a local authority under section 2 of that Act and which authorises him to carry on that agency from premises specified in the licence;
“prescribed techniques or prescribed technology” means the techniques or technology set out in regulation 3(1)(a) to (f) of the Private and Voluntary Health Care (England) Regulations 2001;
“previously exempt provider” means a provider—
(a) who immediately before 1st April 2002 carried on an establishment other than—
(i) a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part I or II of the 1984 Act;
(ii) a home that was required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part VIII of that Act; or
(b) who carries on an agency other than an agency for the supply of nurses within the meaning of the 1957 Act which the person is authorised to carry on from those premises under a licence granted to him under section 2 of that Act;
“registered manager” in relation to an establishment or agency means a person who is registered under Part II of the Act as the manager of the establishment or agency;
“registered person” means any person who is the registered proprietor or registered manager in respect of an establishment or agency;
“registered provider” in relation to an establishment or agency means a person who is registered under Part II of the Act as the person carrying on the establishment or agency;
“residential college” means a college as defined in section 87(10) of the 1989 Act which provides accommodation for any child8;
“residential special school” means—
(a) a special school in accordance with sections 337 and 347(1) of the Education Act 19969; or
(b) an independent school not falling within (a) which has as its sole or main purpose the provision of places, with the consent of the Secretary of State, for pupils with special educational needs or who are in public care,
and which provides accommodation for any child;
“service user” means—
(a) any person who is to be provided with accommodation or services in an establishment, or by an agency, but excludes registered persons or persons employed or intended to be employed in an establishment or by an agency, and their relatives; or
(b) a child accommodated in a boarding school, residential college or residential special school;
“small agency” means a domiciliary care agency or nurses agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;
“small establishment” means an establishment, other than an adult placement home, which has less than four approved places.
(2) In these Regulations “agency” does not include a voluntary adoption agency10.
PART II
FEES
Registration fees
3.—(1) For the purposes of section 12(2) of the Act, and, subject to paragraph (2), the fee to accompany—
(a)
(a) an application by a person seeking to be registered under Part II of the Act as a person who carries on an establishment or agency, other than an establishment or agency referred to in sub-paragraph (b), shall be £1,320; and
(b)
(b) an application by a person seeking to be registered under Part II of the Act as a person who carries on a residential family centre, nurses agency or domiciliary care agency, shall be £1,100.
(2) Where the establishment is a small establishment or an adult placement home or an agency is a small agency the fee shall be—
(a)
(a) in the case of an application referred to in paragraph (1)(a), £360; and
(b)
(b) in the case of an application referred to in paragraph (1)(b), £300.
(3) For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part II of the Act as a person who manages an establishment or agency other than a small establishment or an adult placement home or a small agency—
(a)
(a) in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), shall be £360;
(b)
(b) in respect of a residential family centre, nurses agency or domiciliary care agency, shall be £300.
Variation fees
4.—(1) For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act (“the variation fee”) shall, subject to paragraphs (2) and (3), be—
(a)
(a) in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), £660;
(b)
(b) in respect of a residential family centre, nurses agency or domiciliary care agency, £550.
(2) Where the establishment is a small establishment or an adult placement home or an agency is a small agency the fee shall be—
(a)
(a) in the case of an application referred to in paragraph (1)(a), £360;
(b)
(b) in the case of an application referred to in paragraph (1)(b), £300.
(3) In a case where the variation of a condition is a minor variation, the variation fee shall be—
(a)
(a) in the case of an application referred to in paragraph (1)(a), £60; and
(b)
(b) in the case of an application referred to in paragraph (1)(b), £50.
(4) For the purposes of paragraph (3) a “minor variation” is a variation which, in the opinion of the Commission, if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the Commission in accordance with regulations made under section 11(4) of the Act.
Annual fees
5.—(1) Subject to paragraphs (2) to (6), the registered provider, in respect of an establishment or agency, a relevant person11in respect of a boarding school, residential college or residential special school or a local authority in respect of a local authority fostering service, specified in column (1) of the Table below shall pay an annual fee and—
(a)
(a) the amount of the annual fee shall be—
(i) in a case where no amount is specified in column (3) or (4), the amount specified in column (2);
(ii) in any other case, the sum of the amount specified in column (2) and the amounts specified in column (3), and (if applicable) column (4), multiplied...
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