The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002

• Citation: S.I. 2002/865
• Sections: 11

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002 and shall come into force on 18th April 2002.

(2) In these Regulations, “ the Act ” means the Care Standards Act 2000.

(3) These Regulations extend to England only.

Section 2 Amendment of the Care Homes Regulations 2001: information

(1) The Care Homes Regulations 2001 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 7 (fitness of registered provider)—

(a) in paragraph (3)(c)—

(i) in head (i), after the words “paragraphs 1 to 5” there shall be added the words “and 7”;

(ii) heads (ii) and (iii) shall be omitted;

(b) paragraph (4) shall be omitted.

(3) In regulation 9 (fitness of registered manager)—

(a) in paragraph (2)(c)—

(i) in head (i), after the words “paragraphs 1 to 5” there shall be added the words “and 7”;

(ii) heads (ii) and (iii) shall be omitted;

(b) paragraph (3) shall be omitted.

(4) In regulation 19 (fitness of workers)—

(a) in paragraphs (1)(b) and (4)(b)—

(i) in head (i), for the words “1 to 6” there shall be substituted the words “1 to 7”;

(ii) heads (ii) and (iii) shall be omitted;

(b) paragraph (7) shall be omitted.

(5) In Schedule 2 (information and documents in respect of persons carrying on, managing or working at a care home)—

(a) in paragraph 7, for the words “section 113(3A) or (3C) or 115(6A) or (6B) of that Act” there shall be substituted the words “sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.”;

(b) paragraph 8 shall be omitted.

Section 3 Further amendment of the Care Homes Regulations 2001

(1) The Care Homes Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 23(2)(c), for the word “are” there shall be substituted the word “is”.

(3) In regulation 43 (offences)—

(a) in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs—

(c) the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and

(d) in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.

(b) in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs—

(b) where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose;

(c) the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);

(d) the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.

(4) In Schedule 4 (other records to be kept in a care home), in paragraph 6, for the words “employed, including—” there shall be substituted the word “employed—”.

Section 4 Amendment of the Children’s Homes Regulations 2001: information

(1) The Children’s Homes Regulations 2001 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 6 (fitness of registered provider)—

(a) in paragraph (3)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;

(b) paragraph (4) shall be omitted.

(3) In regulation 8 (fitness of registered manager)—

(a) in paragraph (2)(c) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;

(b) paragraph (3) shall be omitted.

(4) In regulation 26 (fitness of workers)—

(a) in paragraph (3)(d) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;

(b) paragraph (4) shall be omitted;

(c) in paragraph (6)(b) for the words from “in relation to” until the end of the paragraph there shall be substituted the words “in relation to the matters specified in paragraphs 1 and 2 of Schedule 2.”.

(5) In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a children’s home)—

(a) in paragraph 2, for the words “section 113(3A) or (3C) or 115(6A) or (6B) of that Act” there shall be substituted the words “sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.”;

(b) paragraph 7 shall be omitted.

Section 5 Further amendment of the Children’s Homes Regulations 2001

(1) The Children’s Homes Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 17(5) (behaviour management, discipline and restraint) for the words “paragraphs (6) and (7)”, there shall be substituted the words “paragraph (6)”.

(3) In regulation 41 (offences)—

(a) in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs—

(c) the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and

(d) in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.

(b) in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs—

(b) where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose;

(c) the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);

(d) the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.

Section 6 Amendment of the Fostering Services Regulations 2002: information

(1) The Fostering Services Regulations 2002 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 5 (fitness of registered provider)—

(a) in paragraph (3)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 1.”;

(b) paragraph (4) shall be omitted.

(3) In regulation 7 (fitness of registered manager)—

(a) in paragraph (2)(c) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 1.”;

(b) paragraph (3) shall be omitted.

(4) In regulation 20 (fitness of workers)—

(a) in paragraph (3)(d) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 1.”;

(b) paragraph (4) shall be omitted.

(5) In Schedule 1 (information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service), paragraph 7 shall be omitted.

Section 7 Further amendment of the Fostering Services Regulations 2002

(1) The Fostering Services Regulations 2002 shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation), for the definition of “foster parent” there shall be substituted the following definition—

“foster parent” means a person with whom a child is placed, or may be placed under these Regulations, except that, in Parts IV and V of these Regulations it does not include a person with whom a child is placed under regulation 38(2);

(3) In regulation 27(7)(d) (assessment of prospective foster parents), the words “or young person” shall be omitted.

(4) In regulation 39 (placements outside England), paragraph (3) shall be omitted.

(5) In regulation 44(2)(b) (financial position), for the words “certified by an accountant” there shall be substituted the words “if requested to do so,”.

(6) In regulation 48 (offences)—

(a) in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs—

(c) the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and

(d) in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.

(b) in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs—

(b) where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose;

(c) the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);

(d) the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.

(c) in paragraph (4), the words “or 32,” shall be omitted.

(7) In regulation 50(5)(b) (transitional provisions), for the word “agency” there shall be substituted the word “provider”.

Section 8 Amendment of the National Care Standards Commission (Registration) Regulations 2001: information

(1) The National Care Standards Commission (Registration) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 3 (information and documents to be provided by an applicant)—

(a) in paragraph (2)—

(i) in sub-paragraph (b), the words “paragraphs 1 to 3 and 5 to 9 of” shall be omitted;

(ii) sub-paragraph (c) shall be omitted;

(b) in paragraph (3)—

(i) in sub-paragraph (b), for the words “paragraphs 9 to 11” there shall be substituted the words “Part II”;

(ii) sub-paragraph (c) shall be omitted.

(3) In Schedule 2 (documents to be supplied on an application for registration as a person who carries on an establishment or agency)—

(a) in paragraph 4—

(i) in sub-paragraph (a), for the words “section 113(3A)(a) and (b) and (3C)(a) and (b) of that Act” there shall be substituted the words “section 113(3A)(a) and (b) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) of that Act;”;

(ii) in sub-paragraph (b), for the words “section 115(6A)(a) and (b) and (6B)(a) and (b) of that Act” there shall be substituted the words “section 115(6A)(a) and (b) of that Act and the following provisions once they are in force, namely section 115(6B)(a) and (b) of that Act”;

(b) in paragraph 10, for sub-paragraph (2) there shall be substituted the following sub-paragraph—

(2) The following documents are specified—

(a) where the position falls within section 115(3) or (4) of the Police Act 1997 (registration under Part II of the Care Standards Act 2000), an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.

(4) In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment or agency)—

(a) paragraphs 8 and 11 shall be omitted;

(b) the paragraph numbered “3” which follows paragraph 11 shall be re-numbered as paragraph 11A;

(c) in paragraph 12, for the words “section 113(3A)(a) and (b) and (3C)(a) and (b) of that Act” there shall be substituted the words “section 113(3A)(a) and (b) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) of that Act;”;

(d) in paragraph 13, for the words “section 115(6A)(a) and (b) and (6B)(a) and (b) of that Act” there shall be substituted the words “section 115(6A)(a) and (b) of that Act and the following provisions once they are in force, namely section 115(6B)(a) and (b) of that Act;”.

Section 9 Further amendment of the National Care Standards Commission (Registration) Regulations 2001

(1) The National Care Standards Commission (Registration) Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 8 (registers), the following paragraphs shall be added—

(3) Subsections (1) and (2) of section 36 of the Act (provision of copies of registers) shall not apply to any part of the register relating to children’s homes which consists of the restricted part of the address of any children’s home.

(4) For the purposes of paragraph (3), the restricted part of the address of a children’s home is the whole of the address except the name of the children’s home.

(3) In regulation 11 (offence)—

(a) in paragraph (2), for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) the Commission has served a notice on the person specifying—

(i) details of the person’s failure to comply with that regulation, and

(ii) the period, not exceeding one month, within which the person may make representations to the Commission about the notice, and

(b) the words from “and” at the end of paragraph (2)(b) until the end of the regulation shall be omitted.

(4) In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment or agency)—

(a) in paragraph 1, sub-paragraph (g) shall be omitted;

(b) in paragraph 2(b), for “1(b) to (h)” there shall be substituted “1(b) to (f)”;

(c) in paragraph 17(f), after the words “a statement by” there shall be inserted the word “the”.

Section 10 Amendment of the Private and Voluntary Health Care (England) Regulations 2001: information

(1) The Private and Voluntary Health Care (England) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 10 (fitness of registered provider)—

(a) in paragraph (3)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;

(b) paragraph (4) shall be omitted.

(3) In regulation 12 (fitness of registered manager)—

(a) in paragraph (2)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;

(b) paragraph (3) shall be omitted.

(4) In regulation 19 (fitness of workers)—

(a) in paragraph (2)(d), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;

(b) paragraph (3) shall be omitted.

(5) In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at an establishment or agency)—

(a) in paragraph 2, for the words “section 113(3A) or (3C) or 115(6A) or (6B) of that Act” there shall be substituted the words “sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.”;

(b) paragraph 8 shall be omitted.

Section 11 Further amendment of the Private and Voluntary Health Care (England) Regulations 2001

(1) The Private and Voluntary Health Care (England) Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 51 (offences)—

(a) in paragraph (1), for the words “17 to 32” there shall be substituted the words “17 to 30”;

(b) in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs—

(c) the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and

(d) in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.

(c) in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs—

(b) where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose;

(c) the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);

(d) the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.