The Residential Holiday Schemes for Disabled Children (England) Regulations 2013

• Citation: S.I. 2013/1394
• Sections: 137

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Residential Holiday Schemes for Disabled Children (England) Regulations 2013 and come into force on 1st July 2013.

(2) These Regulations apply in relation to holiday schemes for disabled children carried on in England.

Section 2 Interpretation

(1) In these Regulations—

“ the Act ” means the Care Standards Act 2000 and, with respect to Part 2 of that Act, means that Part as applied with modifications to holiday schemes for disabled children by the Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 and by regulation 35;

“child protection enquiry” means an enquiry carried out by a local authority in the exercise of any of their functions conferred by or under the Children Act 1989 relating to the protection of children;

“disabled children” means children who are of a description of persons falling within section 3(2) of the Act;

“general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983 ;

“ HMCI ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

“holiday scheme for disabled children” means a scheme which is carried on solely to provide care (other than childcare within the meaning of section 18 of the Childcare Act 2006 ) and accommodation wholly or mainly for disabled children for a specified period—

for the purposes of a holiday; or

for recreational, sporting, cultural or educational purposes,

and references to a “scheme” are to be construed accordingly;

“organisation”, other than in regulation 14, means a body corporate or any unincorporated association, other than a partnership;

“placing authority” in relation to a child accommodated by a scheme means—

in the case of a child who is looked after by a local authority, that local authority;

in the case of a child who is not looked after by a local authority, if that child is being provided with accommodation by a voluntary organisation , that voluntary organisation;

in any other case, the child’s parent;

“registered dental practitioner” means a person registered in the dentists register under section 14 of the Dentists Act 1984 ;

“registered manager” means a person who is registered under Part 2 of the Act as the manager of the scheme;

“registered person” means any person who is the registered provider or the registered manager of the scheme;

“registered provider” means a person who is registered under Part 2 of the Act as the person carrying on the scheme;

“responsible individual” is to be construed in accordance with regulation 5(2)(c);

“specified period” means, in any twelve month period—

a period not exceeding 56 days in total; and

in relation to any one child, a period of no more than 28 consecutive days;

“statement of purpose” means the statement compiled in accordance with regulation 3(1).

(2) In these Regulations, references to employing a person mean the registered person employing or allowing a person to work for the purposes of the scheme, whether or not for payment, and whether under a contract of service or a contract for services, and references to an employee or to a person being employed are to be construed accordingly.

Section 3 Statement of purpose

(1) The registered person must compile a written statement covering the matters listed in Schedule 1.

(2) The registered person must provide a copy of the statement of purpose to HMCI and, on request, to—

(a) a child accommodated by the scheme;

(b) the parent of a child accommodated by the scheme; or

(c) an employee.

(3) References in paragraph (2) to a child accommodated by the scheme include a child in respect of whom accommodation by the scheme is being considered.

(4) The registered person must ensure that the scheme is conducted in a manner which is consistent with its statement of purpose.

Section 4 Review of the statement of purpose

The registered person must—

(a) keep the statement of purpose under review; and

(b) notify HMCI of a revision to the statement within 28 days of the date on which the revision is made.

Section 5 Fitness of registered provider

(1) A person must not carry on a scheme unless that person is fit to do so.

(2) A person is not fit to carry on a scheme unless the person—

(a) is an individual who satisfies the requirements in paragraph (3);

(b) is a partnership, and each of the partners satisfies the requirements in paragraph (3);

(c) is an organisation and—

(i) the organisation has given notice to HMCI of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for the carrying on of the scheme; and

(ii) that individual satisfies the requirements in paragraph (3).

(3) The requirements are that—

(a) the person is of integrity and good character;

(b) having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—

(i) has the experience, qualifications and skills necessary for carrying on the scheme;

(ii) is mentally and physically fit to carry on the scheme; and

(c) the information in relation to the person in respect of each of the matters in Schedule 2 is available to HMCI.

(4) A person must not carry on a scheme if that person has—

(a) been made bankrupt, or sequestration of that person’s estate has been awarded, or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986 ), applies in relation to that person and that person has not been discharged from the bankruptcy or the sequestration and the bankruptcy order has not been annulled or rescinded; or

(b) made a composition or arrangement with a creditor and has not been discharged in respect of it.

Section 6 Appointment of manager

(1) The registered provider must appoint an individual to manage the scheme if the registered provider is—

(a) an organisation or a partnership;

(b) not a fit person to manage the scheme; or

(c) not, or does not intend to be, in day-to-day charge of the scheme.

(2) Where the registered provider appoints a person to manage the scheme, the registered provider must give notice without delay to HMCI of—

(a) the name of the person appointed; and

(b) the date on which the appointment took effect.

Section 7 Fitness of manager

(1) A person must not manage a scheme unless that person is fit to do so.

(2) A person is not fit to manage a scheme unless—

(a) that person is of integrity and good character;

(b) having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—

(i) has the experience, qualifications and skills necessary for managing the scheme; and

(ii) is mentally and physically fit to manage the scheme; and

(c) the information in relation to the person in respect of each of the matters in Schedule 2 is available to the registered provider and HMCI.

Section 8 Registered person: training requirements

(1) If the registered provider is—

(a) an individual, that individual must undertake;

(b) an organisation, it must ensure that the responsible individual undertakes;

(c) a partnership, it must ensure that one of the partners undertakes,

from time to time such training as is appropriate to ensure that that person has the experience and skills necessary for carrying on the scheme.

(2) The registered manager must from time to time undertake such training as is appropriate to ensure that that person has the experience and skills necessary for managing the scheme.

Section 9 Notification of offences

Where the registered person or the responsible individual is convicted of a criminal offence, whether in England and Wales or elsewhere, that person must give notice in writing, without delay, to HMCI of—

(a) the date and place of the conviction;

(b) the offence for which they were convicted; and

(c) the penalty imposed in respect of the offence.

Section 10 Promotion of welfare

(1) The registered person must ensure that the scheme is conducted so as to—

(a) promote and make proper provision for the welfare of children it accommodates; and

(b) make proper provision for the care, supervision and, where appropriate, treatment of those children.

(2) The registered person must make suitable arrangements to ensure that the scheme is conducted—

(a) in a manner which respects the privacy and dignity of children it accommodates;

(b) with due regard to the sex, religious persuasion, racial origin, cultural and linguistic background and any disability of those children.

Section 11 Food provided for children

(1) The registered person must ensure that children accommodated by the scheme are provided with—

(a) food which is—

(i) served in adequate quantities and at appropriate intervals;

(ii) properly prepared, wholesome and nutritious; and

(b) access to fresh drinking water at all times.

(2) The registered person must meet any special dietary need of a child accommodated by the scheme, which is due to that child’s health, religious persuasion, racial origin or cultural background.

Section 12 Contact and access to communications

(1) The registered person must ensure that children accommodated by the scheme are provided at all reasonable times with access to the following facilities, which they may use in private, without reference to employees of the scheme or the registered person—

(a) a telephone on which to make and receive calls;

(b) facilities to send and receive post; and

(c) if such facilities are provided for the use of children accommodated by the scheme, electronic mail.

(2) The registered person must ensure that any disabled child accommodated by the scheme is provided with access to such aids and equipment which, as a result of the disability, the child may require in order to facilitate communication with others.

Section 13 Arrangements for the protection of children

(1) The registered person must prepare and implement a written policy which sets out—

(a) how children accommodated by the scheme are to be safeguarded from abuse or neglect; and

(b) the procedure to be followed in the event of an allegation of abuse or neglect.

(2) The procedure under paragraph (1)(b) must, in particular, provide for—

(a) liaison and co-operation with a local authority which is making a child protection enquiry in relation to a child accommodated by the scheme;

(b) the prompt referral to the local authority in whose area the scheme is situated of an allegation of abuse or neglect affecting a child accommodated by the scheme;

(c) notification (in accordance with regulation 26) of the instigation and outcome of a child protection enquiry in relation to a child accommodated by the scheme, to HMCI and the placing authority;

(d) consideration of the measures which may be necessary to protect children accommodated by the scheme following an allegation of abuse or neglect; and

(e) a requirement for employees to report a concern about the safety or welfare of a child provided with accommodation by the scheme to one of the following—

(i) the registered person;

(ii) a police officer;

(iii) an officer of HMCI;

(iv) an officer of the local authority in whose area accommodation is being provided by the scheme;

(v) an officer of the National Society for the Prevention of Cruelty to Children.

(3) The registered person must prepare and implement —

(a) a written policy for the prevention of bullying of children provided with accommodation by the scheme, which, in particular, sets out the procedure for dealing with an allegation of bullying; and

(b) a procedure to be followed if a child provided with accommodation by the scheme goes missing, having regard to any relevant local authority or police protocols on missing children.

Section 14 Behaviour management and discipline

(1) No measure which is—

(a) excessive;

(b) unreasonable; or

(c) of a type listed in paragraph (2),

may be used for the control or discipline of children accommodated by the scheme.

(2) The measures are—

(a) corporal punishment;

(b) a punishment involving the consumption or deprivation of food or drink;

(c) a restriction, other than one imposed by a court, on—

(i) a child’s contact with parents, relatives or friends;

(ii) a visit to the child by the child’s parents, relatives or friends; or

(iii) a child’s access to a telephone helpline providing counselling for children;

(d) a requirement that a child wears distinctive or inappropriate clothes;

(e) the use or withholding of medication or medical or dental treatment;

(f) the intentional deprivation of sleep;

(g) the imposition of a financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation;

(h) an intimate physical examination of the child;

(i) the withholding of any aids or equipment needed by a disabled child;

(j) a measure which involves—

(i) a child in the imposition of a measure against another child; or

(ii) the punishment of a group of children for the behaviour of an individual child.

(3) Nothing in this regulation prohibits—

(a) the taking of action by, or in accordance with the instructions of—

(i) a registered medical practitioner; or

(ii) a registered dental practitioner,

which is necessary to protect the child’s health;

(b) the taking of any necessary action to prevent injury to any person or serious damage to property; or

(c) the imposition of a requirement that a child wears distinctive clothing for sporting purposes, or for purposes connected with the child’s education or with any organisation whose members customarily wear uniform in connection with its activities.

Section 15 Restraint

(1) Subject to paragraph (2), a measure of restraint may only be used on a child accommodated by the scheme for the purpose of—

(a) preventing injury to any person; or

(b) preventing serious damage to the property of any person,

and then only where no alternative method of preventing the event specified in sub-paragraphs (a) or (b) is practicable.

(2) Where a measure of restraint is used on a child accommodated by the scheme—

(a) the measure of restraint must be proportionate; and

(b) no more force than is necessary may be used.

Section 16 Policies and records

(1) The registered person must prepare and implement a written policy (in this regulation referred to as the “behaviour management policy”) which sets out—

(a) the measures of control, discipline and restraint which may be used by employees of the scheme with respect to children accommodated by the scheme; and

(b) how appropriate behaviour is to be promoted by the scheme.

(2) The registered person must—

(a) keep the behaviour management policy under review; and

(b) notify HMCI of a revision to the policy within 28 days of the date on which the revision is made.

(3) The registered person must ensure that within 24 hours of the use of a measure of control, discipline or restraint, a written record is made, in a volume kept for the purpose, which must include—

(a) the name of the child concerned;

(b) details of the child’s behaviour leading to the use of the measure;

(c) a description of the measure used;

(d) the date, time and location of the use of the measure;

(e) the name of the person using the measure, and of any other person present during its use;

(f) the effectiveness and any consequences of the use of the measure;

(g) a description of any injury to the child concerned or any other person and any medical treatment administered;

(h) confirmation that the person authorised by the registered person to make the record has spoken to the child concerned and the person using the measure about the use of the measure; and

(i) the signature of the person authorised by the registered person to make the record.

(4) Where a measure of restraint is used on a child, the record under paragraph (3) must include—

(a) the duration of the measure of restraint; and

(b) details of any methods used to avoid the need to use that measure.

Section 17 Health needs of children

The registered person must promote and protect the emotional, mental and physical health of children whilst they are provided with accommodation by the scheme.

Section 18 Medicines

(1) The registered person must make suitable arrangements for the disposal, handling, recording, safe administration and safekeeping of any medicines held, kept or received for the purpose of the care of children accommodated by the scheme.

(2) In particular, the registered person must ensure that—

(a) any such medicine is stored in a secure place so as to prevent children accommodated by the scheme from having unsupervised access to it;

(b) any medicine which is prescribed for a child is administered as prescribed; and

(c) a written record is kept of the administration of any medicine to a child.

(3) Paragraph (2) does not apply to a medicine which—

(a) is stored by the child for whom it is provided in such a way that others are prevented from using it; and

(b) may be safely self-administered by that child.

(4) In this regulation, “prescribed” means—

(a) ordered for a patient for provision to them pursuant to the National Health Service Act 2006 or section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003 ; or

(b) in a case not falling within sub-paragraph (a), prescribed for a patient in accordance with regulation 217 of the Human Medicines Regulations 2012 .

Section 19 Use of surveillance

Subject to any requirement for electronic monitoring imposed by a court, the registered person must ensure that no electronic or mechanical monitoring device is used for the surveillance of a child accommodated by the scheme, except—

(a) for the purpose of promoting and safeguarding that child’s welfare; and

(b) where the following conditions are met—

(i) that child’s placing authority consents to the use of the device in question;

(ii) so far as practicable in the light of that child’s age and understanding, that child is informed in advance of the intention to use the device; and

(iii) the use of the device is no more restrictive than necessary, having regard to that child’s need for privacy.

Section 20 Complaints and representations

(1) The registered person must establish a written procedure (in this regulation referred to as “the complaints procedure”) for considering complaints made by or on behalf of children accommodated by the scheme.

(2) The complaints procedure must include—

(a) the address and telephone number of HMCI; and

(b) details of any procedure notified to the registered person by HMCI for the making of complaints to HMCI relating to the scheme.

(3) The registered person must supply a copy of the complaints procedure, on request, to—

(a) a child accommodated by the scheme;

(b) the parent of a child accommodated by the scheme;

(c) a placing authority; or

(d) an employee.

(4) The registered person must ensure that a written record is made of any complaint, the action taken in response, and the outcome of the investigation.

(5) The registered person must ensure that—

(a) children accommodated by the scheme are enabled to make a complaint or representation; and

(b) no child is subject to reprisal for making a complaint or representation.

(6) The registered person must supply to HMCI, at HMCI’s request, a statement containing a summary of any complaints made during the preceding twelve months and the action that was taken in relation to each complaint.

(7) This regulation (apart from paragraph (5)) does not apply to any matter to which the Children Act 1989 Representations Procedure (England) Regulations 2006 apply.

Section 21 Staffing of holiday schemes for disabled children

(1) The registered person must ensure that, at all times, having regard to—

(a) the size of the scheme, its statement of purpose, and the number and needs of the children accommodated; and

(b) the need to safeguard and promote the health and welfare of those children,

there is a sufficient number of suitably competent, experienced and trained employees.

(2) Where the scheme provides care and accommodation at more than one site, the registered person must be able to—

(a) provide support on a daily basis at any site; and

(b) attend each site in person.

Section 22 Fitness of employees

(1) A person may only be employed if that person is fit to be so.

(2) For the purposes of paragraph (1), a person is not fit to be employed unless—

(a) that person is of integrity and good character;

(b) that person has the experience, skills and training necessary for the work which is to be performed;

(c) that person is mentally and physically fit for the purposes of the work to be performed; and

(d) subject to paragraph (3), the information in relation to that person in respect of each of the matters in Schedule 2 is available to the registered person and, on the basis of that information, the registered person is satisfied that there is no reason why that person should not be employed.

(3) The registered person may permit a person to start working as an employee where—

(a) the registered person has taken reasonable steps to obtain the information in respect of each of the matters in Schedule 2 in respect of that person, but the enquiries in relation to the matters in paragraphs 3 and 4 of Schedule 2 are incomplete;

(b) the information in relation to that person in respect of each of the matters in paragraphs 1 and 2 of Schedule 2 is available to the registered person and, on the basis of that information, the registered person is satisfied that there is no reason why that person should not start working as an employee;

(c) the registered person considers that the circumstances are exceptional; and

(d) pending receipt of any outstanding information, the registered person ensures that that person is appropriately supervised while that person is carrying out their duties.

(4) The registered person must take reasonable steps to ensure that any person who—

(a) is working at premises or a site used by the scheme to provide care and accommodation but who is not an employee; and

(b) does not have regular contact with children accommodated by the scheme in the course of carrying out their duties,

is appropriately supervised while carrying out those duties.

Section 23 Employment of staff

The registered person must—

(a) provide all employees with a job description outlining their responsibilities;

(b) operate a disciplinary procedure with respect to employees; and

(c) ensure that all employees receive appropriate supervision and training.

Section 24 Children’s holiday scheme case records

(1) The registered person must maintain, in respect of each child who is accommodated by the scheme, a record in writing which—

(a) includes the documents, information and records specified in Schedule 3 in relation to that child;

(b) is kept up to date; and

(c) is signed and dated by the author of each entry.

(2) The record in paragraph (1) must be kept securely for a period of at least fifteen years from the date when the child was last accommodated by the scheme.

Section 25 Other records

(1) The registered person must maintain records of the matters specified in Schedule 4 and ensure that they are kept up to date.

(2) The records referred to in paragraph (1) must be retained for a period of at least fifteen years from the date of the last entry.

Section 26 Notifiable events

(1) If, in relation to the scheme, an event in column 1 of the table in Schedule 5 takes place, the registered person must without delay notify the persons indicated in column 2 of that table in respect of that event.

(2) Any notification made in accordance with this regulation which is given orally must be confirmed in writing.

Section 27 Fitness of premises used to provide care and accommodation by the scheme

(1) The registered person must not provide accommodation unless it is in a location, and of a layout and physical design, which is suitable for the purpose of achieving the aims and objectives in the scheme’s statement of purpose.

(2) The registered person must ensure that all premises or sites used by the scheme to provide care and accommodation for children are—

(a) secure from unauthorised access;

(b) of sound construction and kept in good structural repair externally and internally;

(c) suitably furnished with adequate communal, living and storage space to meet the needs of the children accommodated;

(d) equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs of the children accommodated;

(e) equipped with suitable accommodation and facilities, in particular—

(i) kitchen, laundry and washing facilities for use by employees and, where appropriate, by the children accommodated by the scheme; and

(ii) sleeping accommodation for each child accommodated by the scheme which, having regard to the child’s need for privacy, is appropriate for the child’s needs.

(3) The registered person must ensure that no child accommodated by the scheme shares a bedroom with an adult or, except in the case of siblings, a child who is of the opposite sex.

(4) Paragraph 3 of this regulation does not apply where—

(a) a placing authority has agreed in writing to an adult being present in the child’s bedroom at the times specified in that agreement;

(b) the adult present in the child’s bedroom at the times specified in the agreement is to be an employee; and

(c) the registered person—

(i) has medical evidence demonstrating that the child’s needs require the presence or supervision of an adult in the child’s bedroom at the times specified in the agreement;

(ii) is satisfied that the child’s needs require the presence or supervision of an adult in the child’s bedroom at the times specified in the agreement; or

(iii) produces a signed, written assessment demonstrating that the child would face a significant risk of harm without the presence or supervision of an adult at the times specified in the agreement.

(5) Where the registered person is satisfied that—

(a) a child’s needs require the presence or supervision of an adult in the child’s bedroom at any time; and

(b) the requirements of sub-paragraphs (4)(a) and (b) cannot be met before that time,

paragraph (3) does not apply but the registered person must comply with sub-paragraphs (4)(a) and (b) without delay.

(6) The registered person must supply a copy of an assessment produced pursuant to paragraph (4)(c)(iii) to HMCI at HMCI’s request.

Section 28 Fire precautions

(1) Subject to paragraph (2), the registered person must ensure that in relation to accommodation provided by the scheme—

(a) adequate precautions against the risk of fire, including the provision of suitable fire equipment, have been taken;

(b) adequate means of escape are provided;

(c) arrangements have been made for employees to receive suitable training in fire prevention; and

(d) by means of fire drills and practices at suitable intervals, employees and, so far as practicable, children provided with accommodation by the scheme, are aware of the procedure to be followed in case of fire.

(2) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the scheme—

(a) paragraph (1) does not apply; and

(b) the registered person must ensure that the requirements of that Order, and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the scheme.

Section 29 Visits by registered provider

(1) Where the registered provider is an individual, but is not in day-to-day charge of the scheme, the registered provider must visit each site used by the scheme to provide care and accommodation for children in accordance with this regulation.

(2) Where the registered provider is an organisation or a partnership, the accommodation provided by the scheme must be visited in accordance with this regulation by—

(a) the responsible individual; or

(b) another of the directors or, as the case may be, partners, or other persons responsible for the management of the organisation or partnership.

(3) A visit to each site pursuant to paragraph (1) or (2) must take place at least once in every twelve month period, at a time when children are being provided with care and accommodation there.

(4) The person carrying out the visit must—

(a) interview, with their consent and in private, such of the—

(i) children accommodated by the scheme; and

(ii) employees,

as appears necessary in order to form an opinion of the standard of care provided by the scheme;

(b) inspect—

(i) the premises and sites used by the scheme to provide care and accommodation for children;

(ii) records of any complaints; and

(c) prepare a written report on the conduct of the scheme.

(5) The registered provider must supply a copy of the report required to be made under paragraph (4)(c) to—

(a) HMCI;

(b) the registered manager; and

(c) in the case of a visit under paragraph (2)—

(i) where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation;

(ii) where the registered provider is a partnership, to each of the partners.

Section 30 Review of quality of care

(1) The registered person must establish and maintain a system for—

(a) monitoring the matters set out in Schedule 6 at least once in every 12 month period;

(b) improving the quality of care provided by the scheme.

(2) Where the registered person conducts a review for the purposes of paragraph (1), the registered person must provide—

(a) a report in respect of that review to HMCI; and

(b) a copy of that report, on request, to a placing authority where the placing authority is not the parent of a child accommodated by the scheme.

(3) The system referred to in paragraph (1) must provide for consultation with children accommodated by the scheme, their parents and, where different, placing authorities.

Section 31 Regulations and guidance

(1) The registered person must ensure that a copy of these Regulations (and of any amendments to them) and of any statement of national minimum standards applicable to schemes published by the Secretary of State under section 23(1) of the Act are kept by the scheme and made available, on request, to—

(a) a child accommodated by the scheme;

(b) the parent of a child accommodated by the scheme; or

(c) an employee.

Section 32 Notice of changes

(1) The registered person must give notice in writing to HMCI without delay if an event in paragraph (2) takes place or is proposed to take place.

(2) The events are—

(a) a person other than the registered person carries on or manages the scheme;

(b) a person ceases to carry on or manage the scheme;

(c) where the registered provider is an individual, that person changes their name;

(d) where the registered provider is a partnership, there is any change in the membership of the partnership;

(e) where the registered provider is an organisation—

(i) the name or address of the organisation is changed;

(ii) there is a change of director, manager, secretary or other similar officer of the organisation;

(iii) there is a change in the identity of the responsible individual.

Section 33 Death of registered person

(1) Where the registered person is an individual and that person dies, that person’s personal representatives must notify HMCI in writing—

(a) without delay, of the death; and

(b) within 28 days of the death, of—

(i) their intentions regarding the future running of the scheme;

(ii) the name of the person who is to carry on or manage the scheme in place of the deceased person; and

(iii) if different, the name of the person appointed pursuant to paragraph (4).

(2) The deceased person’s personal representatives may carry on the scheme without being registered in respect of it for a period not exceeding 28 days from the date of the person’s death.

(3) HMCI—

(a) may extend the period in paragraph (2) by up to one year from the person’s death;

(b) must notify the deceased person’s personal representatives in writing of a decision under sub-paragraph (a).

(4) The deceased person’s personal representatives must appoint a person to take day-to-day charge of the scheme during any period in which, in accordance with paragraph (2), they carry on the scheme without being registered in respect of it.

Section 34 Compliance

(1) Where there is more than one registered person in respect of the scheme, anything which is required under these Regulations to be done by the registered person is not, if done by one of the registered persons, required to be done by any of the other registered persons.

(2) Neither regulation 3(4) nor regulation 27 require or authorise the registered person to contravene or fail to comply with—

(a) any other provision of these Regulations; or

(b) the conditions in relation to the registration of the registered person under Part 2 of the Act.

Section 35 Application of Part 2 of the Act to persons carrying on or managing a scheme

Subject to regulation 39, the provisions of Part 2 of the Act, insofar as they apply to England and are not already applied by the Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013, apply to registered persons in accordance with the modifications set out in Schedule 7.

Section 36 Amendment of the Children’s Homes Regulations 2001

In regulation 3(2) of the Children’s Homes Regulations 2001 for “The exceptions in paragraphs (1)(b), (c), and (d) do not apply” substitute “The exception in paragraph 1(c) does not apply”.

Section 37 Amendment of the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc. ) Regulations 2007

The Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 are amended in accordance with the provisions of Schedule 8.

Section 38 Amendment of the Care Standards Act 2000 (Registration) (England) Regulations 2010

The Care Standards Act 2000 (Registration) (England) Regulations 2010 are amended in accordance with the provisions of Schedule 9.

Section 39 Transitional Provisions

The transitional provisions in Schedule 10 apply.

Section 1

A statement of the overall aims of the scheme, and the objectives to be attained with regard to children provided with accommodation by the scheme.

Section 2

A statement of the facilities and services to be provided for children accommodated by the scheme.

Section 3

The name and business address of the registered provider and, if different, the registered manager.

Section 4

The relevant experience and qualifications of the registered provider and, if different, the registered manager.

Section 5

The experience, number and relevant qualifications of employees and, if the employees are all of one sex, a description of the means by which the scheme is to promote appropriate role models of both sexes.

Section 6

The arrangements for the development, supervision and training of employees.

Section 7

The age range, numbers, range of needs and sex of children for whom it is intended that the scheme is to provide accommodation.

Section 8

A description of the scheme’s underlying ethos and philosophy and, where this is based on a theoretical or therapeutic model, a description of that model.

Section 9

The arrangements made to protect and promote the health and welfare of children accommodated by the scheme.

Section 10

The arrangements made for promoting appropriate behaviour, and for the control, discipline and restraint of children accommodated by the scheme.

Section 11

The arrangements made for child protection and to counter bullying.