The Regulation and Improvement Authority (Fees and Frequency of Inspections) (Amendment) Regulations (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 341

HEALTH AND PERSONAL SOCIAL SERVICES

The Regulation and Improvement Authority (Fees and Frequency of Inspections) (Amendment) Regulations (Northern Ireland) 2006

Made

17th August 2006

Coming into operation

29th September 2006

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by Articles 17(3) and 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Regulation and Improvement Authority (Fees and Frequency of Inspections) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 29th September 2006.

(2) In these regulations, “the principal regulations” means the Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005(2).

Amendment of the Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005

2.—(1) The principal regulations shall be amended in accordance with the following paragraphs:

(2) In regulation 2 (1) (Interpretation) of the principal regulations, before the definition of “the Order” there shall be inserted the following definition—

““approved place” means in relation to an establishment, a bed provided for the use of a service user at night”.

(3) In regulation 5 (1) (Annual fees) of the principal regulations—

(a) For “Subject to paragraphs (2) to (4)” there shall be substituted “Subject to paragraphs (2) and (3)”

(b) In sub-paragraph (a) for head (ii) there shall be substituted “(ii) in any other case, the amount specified in column (3), multiplied by the number of approved places; and”

(c) For the table there shall be substituted the following table—

Column (1)	Column (2)	Column (3)	Column (4)
Establishment, agency	Amount payable	Amount payable for each approved place	Annual fee due on
Residential Care Home; Nursing Home; Children’s Home.		£46 £46 £46	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order or the 1995 Order and thereafter on that date; (b) in the case of a previously exempt provider, registered from 1st April 2005, in accordance with Articles 4 to 7 of the Commencement No. 3 Order, on the anniversary of that date and thereafter on that date; (c) in the case of a new provider, on the anniversary of the date on which the registration certificate was issued and thereafter on that date.
Nursing Agency	£15	—	(a) in the case of an existing provider, on the anniversary of the date on which the licence was first issued under the 1971 Act and thereafter on the anniversary of that date; (b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.
Independent Hospital		£46	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date; (b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.
Independent Clinic	£215	—	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date; (b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.
Independent Medical Agency	£215	—	on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 17th August 2006.

L.S.

Noel McCann

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Regulation and Improvement Authority (Fees and Frequency of Inspection) Regulations (Northern Ireland) 2005. Regulation 5 and its table are amended in order to correct errors in relation to the calculation of the annual fee payable in respect of certain establishments and agencies and the entries in the Table. The regulations also provide for an annual fee to be payable in respect of Independent Medical Agencies.

The annual fee for Residential Care Homes, Nursing Homes, Children’s Homes and Independent Hospitals is now calculated by multiplying the rate payable for each approved place by the number of approved places. The amount of the annual fee payable for Independent Clinics and Independent Medical agencies is £215.

(1)

S.I. 2003/431 (N.I. 9)

(2)

S.R. 2005 No. 182