The Day Care Setting Regulations (Northern Ireland) 2007

PART VI N.I. MISCELLANEOUS

Notification of death, illness and other events N.I.

29.—(1) The registered person shall give notice to the [F1 RQIA] without delay of the occurrence of—

(a) the death of any service user in the day care setting, including the circumstances of his death;

(b) the outbreak in the day care setting of any infectious disease which in the opinion of any general medical practitioner is sufficiently serious to be so notified;

(c) any serious injury to a service user in the day care setting;

(d) any event in the day care setting which adversely affects the wellbeing or safety of any service user;

(e) any theft or burglary in the day care setting;

(f) any accident in the day care setting;

(g) any allegation of misconduct by the registered person or any person who works in the day care setting.

(2) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing within 3 working days of the oral report.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I1 Reg. 29 in operation at 30.4.2007, see reg. 1

Notice of absence N.I.

30.—(1) Where—

(a) the registered provider, if he is an individual who manages the day care setting himself; or

(b) the registered manager;

proposes to be absent from the day care setting for a continuous period of 28 days or more, the registered provider shall give notice in writing to the [F1 RQIA] of the proposed absence.

(2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than 28 days before the proposed absence commences or within such shorter period as may be agreed with the [F1 RQIA] and the notice shall specify—

(a) the length or expected length of the absence;

(b) the reason for the absence;

(c) the arrangements which have been made for the running of the day care setting during that absence;

(d) the name, address and qualifications of the person who will be managing the day care setting during that absence; and

(e) in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the day care setting during that absence, including the proposed date by which the appointment is to be made.

(3) Where the absence arises as a result of an emergency, the registered provider shall give notice of the absence within one week of its occurrence specifying the matters mentioned in paragraph (2)(a) to (e).

(4) Where—

(a) the registered provider, if he is an individual who manages the day care setting himself; or

(b) the registered manager;

has been absent from the day care setting for a continuous period of 28 days or more, and the [F1 RQIA] has not been given notice of the absence, the registered provider shall without delay give notice in writing to the [F1 RQIA]of the absence, specifying the matters mentioned in paragraph (2)(a) to (e).

(5) The registered provider shall notify the [F1 RQIA] of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of his return.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I2 Reg. 30 in operation at 30.4.2007, see reg. 1

Notice of changes N.I.

31.  The registered person shall give notice in writing to the [F1 RQIA] as soon as it is practicable to do so, if any of the following events takes place or is proposed to take place—

(a) a person other than the registered person carries on or manages the day care setting;

(b) a person ceases to carry on or manage the day care setting;

(c) where the registered person is an individual, he changes his 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 any change of director, manager, secretary or other similar officer of the organisation;

(iii) there is to be any change of responsible individual;

(f) where the registered provider is an individual, a trustee in bankruptcy is appointed;

[F2 (fa) where the registered provider is an individual, a debt relief order is made in respect of him;]

(g) where the registered provider is a company or partnership, a receiver, manager, liquidator or provisional liquidator is appointed; or

(h) the premises of the day care setting are significantly altered or extended, or additional premises are acquired.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

F2 Reg. 31(fa) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 48(4)

Commencement Information

I3 Reg. 31 in operation at 30.4.2007, see reg. 1

Notice of termination of the provision of care in the day care setting N.I.

32.—(1) Subject to paragraph (2), the registered person shall not terminate the arrangements for the provision of care in the day care setting of a service user unless he has given reasonable notice of his intention to do so to—

(a) the service user;

(b) the person who appears to be the service user’s next of kin; and

(c) where an HSS trust has made arrangements for the provision of care to the service user in the day care setting, that trust.

(2) If it is impracticable for the registered person to comply with the requirement in paragraph (1)—

(a) he shall do so as soon as it is practicable to do so; and

(b) he shall provide to the [F1 RQIA] a statement as to the circumstances which made it impracticable for him to comply with the requirement.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I4 Reg. 32 in operation at 30.4.2007, see reg. 1

Appointment of liquidators etc. N.I.

33.—(1) Any person to whom paragraph (2) applies must—

(a) forthwith notify the [F1 RQIA] of his appointment, indicating the reasons for it;

(b) appoint a manager in any case where there is no registered manager; and

(c) within 28 days of his appointment notify the [F1 RQIA] of his intentions regarding the future operation of the day care setting.

(2) This paragraph applies to any person appointed as—

(a) the receiver or manager of the property of a company or partnership which is a registered provider in respect of a day care setting;

(b) a liquidator or provisional liquidator of a company which is a registered provider of a day care setting; or

(c) the trustee in bankruptcy of a registered provider of a day care setting.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I5 Reg. 33 in operation at 30.4.2007, see reg. 1

Death of registered person N.I.

34.—(1) If more than one person is registered in respect of a day care setting, and a registered person dies, the surviving registered person shall without delay notify the [F1 RQIA] of the death in writing.

(2) If only one person is registered in respect of a day care setting, and he dies, his personal representatives shall notify the [F1 RQIA] in writing—

(a) without delay of the death; and

(b) of their intentions regarding the future running of the day care setting within 28 days of the death.

(3) The personal representatives of the deceased registered provider may carry on the day care setting without being registered in respect of it—

(a) for a period not exceeding 28 days; and

(b) for any further period as may be determined in accordance with paragraph (4).

(4) The [F1 RQIA]may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the [F1 RQIA] shall determine, and shall notify any such determination to the personal representatives in writing.

(5) The personal representatives shall appoint a person to manage the day care setting during any period in which, in accordance with paragraph (3), they carry on the day care setting without being registered in respect of it.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I6 Reg. 34 in operation at 30.4.2007, see reg. 1

Offences N.I.

35.—(1) A contravention of any of the provisions of regulations 4 to 7, 12, 13(1) to (4) and (7) to (9), 14, 15 to 17, 18, 19 to 24 and 26 to 32, shall be an offence.

(2) The [F1 RQIA] shall not bring proceedings against a person in respect of any contravention of those regulations unless—

(a) subject to paragraph (4), he is a registered person;

(b) notice has been given to him in accordance with paragraph (3);

(c) the period specified in the notice, within which the registered person may make representations to the [F1 RQIA], 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.

(3) Where the [F1 RQIA] considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying—

(a) in what respect in its opinion the registered person has contravened the requirements of any of the regulations;

(b) what action, in the opinion of the [F1 RQIA], the registered person should take so as to comply with any of those regulations;

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

(d) the period, not exceeding one month, within which the registered person may make representations to the [F1 RQIA] about the notice.

(4) The [F1 RQIA] may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 19 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I7 Reg. 35 in operation at 30.4.2007, see reg. 1

Compliance with regulations N.I.

36.  Where there is more than one registered person in respect of a day care setting, anything which is required under these regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.

Commencement Information

I8 Reg. 36 in operation at 30.4.2007, see reg. 1