Residential Care Homes (Amendment) (No. 2) Regulations 1992

JurisdictionUK Non-devolved
CitationSI 1992/2241

1992No. 2241

SOCIAL SERVICES, ENGLAND AND WALES

The Residential Care Homes (Amendment) (No. 2)

Regulations 1992

15thSeptember1992

21stSeptember1992

1stApril1993

The Secretary of State for Health, in exercise of the powers conferred by sections 1 (4)(b), 5(1), 8, 8A, 16(1) and 56(4) of the Registered Homes Act 1984 ( a), and of all other powers enabling her in that behalf, hereby makes the following Regulations:-

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Residential Care Homes (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st April 1993.

(2) In these Regulations "the principal Regulations" means the Residential Care Homes Regulations 1984 ( b).

Amendment of regulation 2 of the principal Regulations

2. In regulation 2 of the principal Regulations (particulars to be supplied on application for registration) there shall be inserted at the end the words ",except that an applicant for registration in respect of a small home need not supply information in regard to the matters mentioned in paragraphs 3(c), (e), (l), (m) or (n) of that Schedule.".

Amendment of regulation 3 of the principal Regulations

3.-(1) At the beginning of paragraph (1) of regulation 3(1) of the principal Regulations (registration fees) there shall be inserted the words "Subject to paragraph (2) of this regulation,".

(2) At the end of regulation 3 of the principal Regulations there shall be inserted the following paragraph-

"(2) The registration fee to accompany an application for registration under Part I of the Act of a person in respect of a small home shall be £230.".

Amendment of regulation 5 of the principal Regulations

4. For regulation 5 of the principal Regulations (annual fee) there shall be substituted-

"5.-(1) A person registered in respect of a residential care home as being the person in control of it shall pay an annual fee, of an amount determined in accordance with paragraphs (2) to (4) of this regulation, within one month of the date on which the certificate of registration was issued and thereafter in each year no later than the day before the anniversary of that date.

(a) 1984 c.23 as amended by the Registered Homes (Amendment) Act 1991 (c.20). See, in relation to section 1(4)(b), the definition of "prescribed" in section 20(1).

(b) S.I. 1984/1345 as amended by S.I. 1986/457, 1988/1192, 1991/2502 and 1992/2007.

(2) Where the home is not a small home, the annual fee shall, subject to paragraph (4) of this regulation, be of an amount equal to £41 multiplied by the maximum number of persons specified (in accordance with section 5(3) of the Act) in the certificate of registration in respect of the home.

(3) Where the home is a small home, the annual fee shall be £30.

(4) Where the home is not a small home, but an annual fee was payable in respect of the immediately preceding year and was that payable in accordance with paragraph (3) of this regulation because the home was then a small home and no application for re-registration under section 5(1) of the Act has been made and accompanied by the registration fee, the amount of the annual fee determined in accordance with paragraph (2) of this regulation shall be increased by £610.".

Amendment of regulation 6 of the principal Regulations

5. In regulation 6 of the principal Regulations (records) at the beginning of paragraph (1) there shall be inserted the words "Subject to paragraph (1A) of this regulation," and after paragraph (1) there shall be inserted-

"(1A) A person registered in respect of a small home need not compile the records specified in-

(a) paragraphs 8 to 16 of Schedule 2 to these Regulations;(b) paragraph 4 of that Schedule, except to the extent that it relates to any medicines...

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