The Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002

Interpretation

2.—(1) In these Regulations—

“the Act” means the Care Standards Act 2000;

“the 1984 Act” means the Registered Homes Act 1984(1);

“the 1989 Act” means the Children Act 1989(2);

“annual fee” means an amount prescribed for the purposes of section 16(3) of the Act, or (as the case may be) paragraph 7 of Schedule 9A to the 1989 Act;

“approved place” means in relation to an establishment, a bed which is available, in accordance with any condition placed upon the registration of any person in respect of the establishment, for the use of a service user at night;

“establishment” means a care home, children’s home, independent hospital or independent clinic;

“existing provider” means—

(a)

a person who is registered under Part I of the 1984 Act in respect of a residential care home;

(b)

a person who is registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;

(c)

a person who carries on a home that is registered in a register kept for the purposes of section 60 of the 1989 Act; or

(d)

a person who carries on a home that is registered under Part VIII of the 1989 Act.

“existing undertaking” means—

(a)

a residential care home in respect of which a person is registered immediately before 1st April 2002 under Part I of the 1984 Act;

(b)

a nursing home or mental nursing home in respect of which a person is registered immediately before 1st April 2002 under Part II of the 1984 Act;

(c)

a home that is registered immediately before 1st April 2002 in a register kept for the purposes of section 60 of the 1989 Act; or

(d)

a home that is registered immediately before 1st April 2002 under Part VIII of the 1989 Act;

“new provider” means a person who carries on an establishment for the first time after 1st April 2002;

“the No. 8 Commencement Order” means the Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002(3);

“previously exempt provider” means a provider who immediately before 1st April 2002 carries on an establishment other than

(a)

a residential care home, nursing home or mental nursing home in respect of which a person is required to be registered under Part I or II of the 1984 Act; or

(b)

a home that is required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part VIII of that Act;

“registered” means registered under Part II of the Act or (as the case may be) Part XA of the 1989 Act;

“registration fee” means the fee prescribed for the purposes of section 12(2) of the Act or (as the case may be) section 79F(2)(b) of the 1989 Act;

“registered manager” in relation to an establishment means a person who is registered under Part II of the Act as the manager of the establishment;

“registered provider” in relation to an establishment means a person who is registered under Part II of the Act as the person carrying on the establishment;

“registration” means registration under Part II of the Act or (as the case may be) Part XA of the 1989 Act;

“service user” means any person who is to be provided with accommodation or services in an establishment but excludes registered persons or persons employed or intended to be employed in an establishment and their relatives;

“small care home” means a care home that has three or fewer approved places;

“small independent hospital or clinic” means an independent hospital or clinic—

(a)

in which beds are available for the use of service users at night; and

(b)

where there are three or fewer such beds.

(2) In these Regulations, unless the context otherwise requires, references to an establishment are to be construed as references—

(a) in the case of an application for registration, to the establishment in respect of which the application is made; and

(b) in the case of a registered person, to the establishment in respect of which the person is registered.

(3) In these Regulations, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(1)

1984 c. 23.

(2)

1989 c. 41.

(3)

S.I. 2002/920.