Residential Homes Act 1980

JurisdictionUK Non-devolved
Citation1980 c. 7


Residential Homes Act 1980

1980 CHAPTER 7

An Act to consolidate certain enactments relating to the registration, inspection and conduct of residential homes for disabled, old or mentally disordered persons and to the provision by district councils of meals and recreation for old people.

[20th March 1980]

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:—

Registration etc. of residential homes

Registration etc. of residential homes

S-1 Homes to which Act applies.

1 Homes to which Act applies.

(1) The homes to which this Act applies are disabled persons' or old persons' homes and residential homes for mentally disordered persons.

(2) In this Act ‘disabled persons' or old persons' home’ means any establishment the sole or main object of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled persons or old persons or both, but does not include—

(a ) any hospital within the meaning of section 128(1) of the National Health Service Act 1977 which is maintained in pursuance of an Act of Parliament;

(b ) any nursing home or mental nursing home within the meaning of the Nursing Homes Act 1975 ;

(c ) any voluntary home within the meaning of the Child Care Act 1980 ;

(d ) any other premises being premises managed by a government department or local authority, or any other authority or body constituted by special Act of Parliament or incorporated by Royal Charter; or

(e ) any pre-1948 Act establishment exempted from the operation of this Act by or under regulations of the Secretary of State made after consultation with the Charity Commissioners;

and in paragraph (e ) above ‘pre-1948 Act establishment’ means an establishment which was being carried on immediately before the coming into operation of section 37 of the National Assistance Act 1948 , but no establishment so carried on shall be exempted under that paragraph as respects any premises in which it was not being carried on immediately before the coming into operation of that section.

(3) In this Act ‘residential home for mentally disordered persons’ means any establishment the sole or main object of which is, or is held out to be, the provision of accommodation, whether for reward or not, for mentally disordered persons, but does not include—

(a ) any hospital within the meaning of section 147(1) of the Mental Health Act 1959 ;

(b ) any mental nursing home within the meaning of the Nursing Homes Act 1975 ; or

(c ) any other premises managed by a government department or provided by a local authority.

S-2 Registration of homes.

2 Registration of homes.

(1) If any person carries on a home to which this Act applies without being registered under this Act in respect of that home, he shall be liable on summary conviction to a fine not exceeding 500 or, in the case of a second or subsequent offence, to imprisonment for a term not exceeding three months or a fine not exceeding 500 or both.

(2) An application for registration under this Act shall be made to the registration authority and shall be accompanied by a fee of 1.

(3) Subject to the provisions of this section and section 3 below, the registration authority shall, on receipt of an application under subsection (2) above, register the applicant in respect of the home named in the application and issue to him a certificate of registration.

(4) It shall be a condition of the registration of any person in respect of a residential home for mentally disordered persons that the number of persons kept at any one time in the home (excluding persons carrying on or employed in the home and their families) does not exceed such number as may be specified in the certificate of registration; and without prejudice to the foregoing provision, the registration may be effected subject to such conditions (to be specified in the certificate) as the registration authority consider appropriate for regulating the age, sex or other category of persons who may be received in the home.

(5) If any condition imposed by or under subsection (4) above is not complied with, the person carrying on the home shall be liable on summary conviction to a fine not exceeding 500.

(6) The certificate of registration under this Act 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 the person carrying on the home shall be liable on summary conviction to a fine not exceeding 25 and to a further fine not exceeding 2 for each day on which the offence continues after conviction.

(7) Notwithstanding anything in subsection (1) above, where the person registered under this Act in respect of a home dies, his executor or his widow or any other member of his family may for a period not exceeding four weeks from his death, or such longer period as the registration authority may sanction, carry on the home without being registered in respect of the home.

(8) The registers kept for the purposes of this Act shall be available for inspection at all reasonable times, and the person inspecting any such register shall be entitled to make copies of entries in the register on payment of such fee (if any), not exceeding 5p for each entry, as the registration authority may determine.

(9) In this Act ‘registration authority’, in relation to any home to which this Act applies, means the council which for the purposes of the Local Authority Social Services Act 1970 is the local authority for the area in which the home is situated; and the local authorities for the purposes of that Act are, at the passing of this Act, the councils of non-metropolitan counties, metropolitan districts and London boroughs and the Common Council of the City of London.

S-3 Refusal or cancellation of registration.

3 Refusal or cancellation of registration.

(1) The registration authority may by order refuse to register an applicant if they are satisfied—

(a ) that he or any person employed or proposed to be employed by him in the management of the home or any part of the home is not a fit person, whether by reason of age or otherwise, to carry on or to be so employed at a home of such a description as the home named in the application;

(b ) that for reasons connected with the situation, construction, state of repair, accommodation, staffing or equipment, the home or any premises used in connection with the home are not fit to be used for a home of such a description as aforesaid; or

(c ) that the way in which it is proposed to conduct the home is such as not to provide services or facilities reasonably required by persons resorting to such a home.

(2) The registration authority may by order at any time cancel the registration of a person in respect of a home—

(a ) on any ground which would entitle them to refuse an application for the registration of that person in respect of that home;

(b ) in the case of a disabled persons' or old persons' home, on the ground that that person has been convicted of an offence against this Act or against any regulations made under it in respect of that or any other disabled persons' or old persons' home or that any other person has been convicted of such an offence in respect of that home; or

(c ) in the case of a residential home for mentally disordered persons, on the ground that that person has been convicted of an offence against this Act or against any regulations made under it in respect of that or any other residential home for mentally disordered persons, that any other person has been convicted of such an offence in respect of that home or that any condition imposed by or under section 2(4) above in respect of that home has not been complied with.

(3) Not less than 14 days before making an order refusing an application for registration or an order cancelling any registration, the registration authority shall send by post to the applicant or to the person registered, as the case may be, notice of their intention to make such an order.

(4) Every such notice shall state the grounds on which the authority intend to make the order and shall contain an intimation that if within 14 days after the receipt of the notice the applicant or person registered, as the case may be, informs the authority in writing of his desire to show cause in person or by a representative, why the order should not be made, the authority will before making the order afford him an opportunity to do so.

(5) If the registration authority after giving the applicant or person registered, as the case may be, an opportunity of being heard by them, decide to refuse the application for registration, or to cancel the registration, they shall make an order to that effect and send by post to the applicant or person registered, as the case may be,—

(a ) a copy of the order; and

(b ) a statement of the right of appeal to a magistrates' court for which provision is made by section 4(1) below and the time within which such an appeal may be brought.

S-4 Appeals against refusal or cancellation.

4 Appeals against refusal or cancellation.

(1) A person aggrieved by an order under section 3 above refusing an application for registration or cancelling any registration may appeal to a magistrates' court having jurisdiction in the place where the home in question is situated; and the cancellation of any registration shall not take effect until the expiration of the time within which an appeal may be brought under this subsection or, where such an appeal is brought, before the determination of the appeal.

(2) The procedure on an appeal to a magistrates' court under subsection (1)...

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