National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3980 |
| Year | 2001 |
2001 No. 3980
SOCIAL CARE, ENGLANDCHILDREN AND YOUNG PERSONS, ENGLANDPUBLIC HEALTH, ENGLAND
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001
Made 12th December 2001
Laid before Parliament 12th December 2001
Coming into force 1st January 2002
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 extent
1.—(1) These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 and shall come into force on 1st January 2002.
(2) These Regulations extend to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000;
“the 1957 Act” means the Nurses Agency 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;
“annual fee” means the amount prescribed for the purposes of section 16(3) or 51(1) of the Act, or section 87D(2) of the 1989 Act, as the case may be;
“approved place” means—
(a) in relation to an establishment, boarding school, further education 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 is registered under Part I of the 1984 Act in respect of a residential care home;
(b) a person who is registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;
(c) a person who carries on a home that is registered in a register kept for the purposes of section 60 of the 1989 Act;
(d) a person who carries on a home that is registered under Part VIII of the 1989 Act; or
(e) a nurses agency provider;
“existing undertaking” means—
(a) a residential care home in respect of which a person is registered under Part I of the 1984 Act;
(b) a nursing home or mental nursing home in respect of which a person is registered under Part II of the 1984 Act;
(c) a home that is registered in a register kept for the purposes of section 60 of the 1989 Act;
(d) a home that is registered under Part VIII of the 1989 Act; or
(e) a licensed nurses agency;
“further education college” means a college as defined in section 87(10) of the 1989 Act which provides accommodation for any child7;
“hospice” means an establishment the whole or main purpose of which is to provide palliative care;
“licensed nurses agency” means an agency for the supply of nurses within the meaning of the 1957 Act which a person is authorised to carry on by a licence which has been granted to him by a local authority under section 2 of that Act;
“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 20018, 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 carries on—
(a) a residential family centre, nurses agency or domiciliary care agency, for the first time after 1st July 2002;
(b) any other description of establishment or agency, for the first time 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 who carries on an establishment or agency other than—
(a) a residential care home, nursing home or mental nursing home in respect of which a person is required to be registered under Part I or II of the 1984 Act;
(b) a home that is 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;
(c) 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” means registered under Part II of the Act;
“registration fee” means a fee of the amount prescribed for the purposes of section 12(2) of the 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;
“registration” means registration under Part II of the Act;
“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, further education college or residential special school;
“small establishment” means an establishment (other than an adult placement home), which has less than four approved places;
“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;
“variation fee” means a fee of the amount prescribed for the purposes of section 15(3) of the Act.
(2) In these Regulations, unless the context otherwise requires, references to an establishment or agency are to be construed as references—
(a)
(a) in the case of an application for registration, to the establishment or agency in respect of which the application is made; and
(b)
(b) in the case of a registered person, to the establishment or agency in respect of which he is registered.
(3) In these Regulations, a reference—
(a)
(a) to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;
(b)
(b) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number; and
(c)
(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
FEES
Registration fees
3.—(1) Subject to paragraphs (2) to (4), the registration fee shall be—
(a)
(a) in the case of an application for registration by a person who is seeking to be registered as a person who carries on an establishment or an agency, £1,100; and
(b)
(b) in the case of an application for registration by a person who is seeking to be registered as a person who manages an establishment or an agency, £300.
(2) In the case of an application for registration in respect of an establishment which is a small establishment or adult placement home or an agency which is a small agency—
(a)
(a) by a person mentioned in paragraph (1)(a), the registration fee shall be £300; and
(b)
(b) by a person mentioned in paragraph (1)(b), no registration fee shall be payable.
(3) Where an application for registration is made by any person who manages an existing undertaking other than a residential care home in respect of which a person is registered under Part I of the 1984 Act—
(a)
(a) in the case of a licensed nurses agency, before 1st July 2002; or
(b)
(b) in the case of any other existing undertaking, before 31st March 2002,
no registration fee shall be payable.
(4) Where, pursuant to paragraph 5 of Schedule 1 to the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 200110, an existing provider is treated as having applied for, and been granted, registration in respect of an existing undertaking for the purposes of Part II of the Act, no registration fee shall be payable.
Variation fees
4.—(1) Subject to paragraphs (2) to (4), the variation fee shall be—
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