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

Statutory Instrument 2002 No. 865

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

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STATUTORY INSTRUMENTS

2002 No. 865
SOCIAL CARE, ENGLAND
CHILDREN AND YOUNG PERSONS, ENGLAND
PUBLIC HEALTH, ENGLAND
The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002

	Made	27th March 2002
	Laid before Parliament	28th March 2002
	Coming into force	18th April 2002

The Secretary of State, in exercise of the powers conferred upon him by sections 12(2), 22(1), (2)(a) to (d), (5)(c) and (7)(c), 25(1), 36(3), 48(1) and 118(5) to (7) of the Care Standards Act 2000[1] and sections 23(2)(a) and (9), 59(2) of, and paragraph 12 of Schedule 2 to, the Children Act 1989[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations: -

Citation, commencement, interpretation and extent
     1. - (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.

Amendment of the Care Homes Regulations 2001: information
     2. - (1) The Care Homes Regulations 2001[3] shall be amended in accordance with the following provisions of this regulation.

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

(b) paragraph (4) shall be omitted.

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

(b) paragraph (3) shall be omitted.

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

(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) -

Further amendment of the Care Homes Regulations 2001
     3. - (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 -

(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 -

    (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 - ".

Amendment of the Children's Homes Regulations 2001: information
     4. - (1) The Children's Homes Regulations 2001[4] shall be amended in accordance with the following provisions of this regulation.

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

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

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

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

Further amendment of the Children's Homes Regulations 2001
     5. - (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 -

(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 -

Amendment of the Fostering Services Regulations 2002: information
6. - (1) The Fostering Services Regulations 2002[5] shall be amended in accordance with the following provisions of this regulation.

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

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

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

    (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.

Further amendment of the Fostering Services Regulations 2002
     7. - (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 -

(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 -

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

Amendment of the National Care Standards Commission (Registration) Regulations 2001: information
     8. - (1) The National Care Standards Commission (Registration) Regulations 2001[6] 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) -

(b) in paragraph (3) -

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

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

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) -

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

(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".

Amendment of the Private and Voluntary Health Care (England) Regulations 2001: information
10. - (1) The Private and Voluntary Health Care (England) Regulations 2001[7] shall be amended in accordance with the following provisions of this regulation.

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

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

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

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

Further amendment of the Private and Voluntary Health Care (England) Regulations 2001
11. - (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) in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs -

Signed by authority of the Secretary of State for Health

Jacqui Smith
Minister of State, Department of Health

27th March 2002

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply to England only, amend the following Regulations made under the Care Standards Act 2000 ("the Act"):

Regulations 2, 4, 6 and 10 make amendments that are consequential on the coming into force of most of the relevant provisions of the Police Act 1997, as amended. Those regulations amend the Conduct Regulations in relation to the information that is to be available in respect of persons who carry on, manage or work at those establishments or agencies. The current Regulations require this to include information in respect of criminal record certificates under the Police Act 1997, and other information available under that Act, but this is subject to an exception where relevant provisions of that Act are not in force. The amendments remove this exception, and (except for the purposes of fostering agencies) make provision requiring certain other information to be available when certain provisions of that Act are in force.

Regulation 8 makes similar amendments to the Registration Regulations, in respect of the information that is to be provided by persons who intend to carry on or manage establishments or agencies and seek to be registered as such under the Act.

Regulations 3(3), 5(3), 7(6) and 11(2) amend the regulations relating to offences in respect of the breach of certain requirements of the Conduct Regulations. The amendments provide that, before the Commission brings proceedings in respect of a breach of regulations, it must specify a period in which the person concerned may make representations and, where it is practicable for the person to do so, the action he should take to comply with the regulations. Regulation 9(3) amends the Registration Regulations so that, before the Commission brings proceedings in respect of a breach of regulations, it must specify a period in which the person concerned may make representations.

Regulation 9(2) relates to the information contained in a register kept by the Commission in respect of children's homes. It amends the Registration Regulations so as to provide that no part of the address of the home may be disclosed except the name of the home.

The Regulations also make minor corrections to the Conduct Regulations and the Registration Regulations.

Notes:

[1] 2000 c.14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland and Northern Ireland, as the Secretary of State. See section 121(1) for the definitions of "prescribed" and "regulations".back

[2] 1989 c.41. These powers are exercisable by the Secretary of State in relation to England. Their exercise in relation to Wales has been transferred to the National Assembly for Wales by virtue of article 2 of, and the entry for the Children Act 1989 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] S.I. 2001/3965.back

[4] S.I. 2001/3967.back

[5] S.I. 2002/57.back

[6] S.I. 2001/3969.back

[7] S.I. 2001/3968.back

ISBN 0 11 039888 2

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Prepared 9 May 2002