Part IV Residential and other Establishments

Registration of certain residential and other establishments

61 Restriction on carrying on of establishments.

F1(1)

The following provisions of this Part of this Act apply to any residential or other establishment the whole or a substantial part of whose function is to provide persons with such personal care or support, whether or not combined with board, and whether for reward or not, as may be required for the purposes of this Act.

(1A)

For the purposes of subsection (1) above–

“establishment” does not include

(a)

F2any establishment controlled or managed by a Government department or by a local authority or, subject to sections 61A and 63B below, required to be registered, or in respect of which a person is required to be registered, with a Government department or a local authority under any other enactment, F3; or

(b)

any establishment providing residental accommodation with nursing falling within section 13A of this Act;,

“personal care” includes the provision of appropriate help with physical and social needs; and

“support” means counselling or other help provided as part of a planned programme of care.

(2)

F4Subject to section 62(8) and (8A) below An establishment shall not be carried on by any person unless he is for the time being registered in respect of it in a register kept for the purposes of this section by a local authority or, as the case may be, by the Secretary of State.

(3)

Any person who carries on an establishment in contravention of the provisions of subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding F5level 4 on the standard scale and in the case of a second or subsequent conviction to imprisonment for a term not exceeding three months or to a fine not exceeding F5level 4 on the standard scale or to both such imprisonment and such fine.