Registered Homes Act 1984 (repealed)

1 Requirement of registration. E+W

(1) Subject to the following provisions of this section, registration under this Part of this Act is required in respect of any establishment which provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.

(2) Such an establishment is referred to in this Part of this Act as a “residential care home”.

(3) Registration under this Part of this Act does not affect any requirement to register under Part II of this Act.

[F1 (4) Registration under this Part of this Act is not required in respect of a small home—

(a) if the only persons for whom it provides or is intended to provide residential accommodation with both board and personal care are persons carrying on or intending to carry on the home or employed or intended to be employed there or their relatives, or

(b) in such other cases as may be prescribed by the Secretary of State.

(4A) In this Part a “small home” means an establishment which provides or is intended to provide residential accommodation with both board and personal care for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.

(4B) The references in subsections (4) and (4A) to the persons for whom residential accommodation is or is intended to be provided relate only to persons who are in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder.]

(5) Registration under this Part of this Act is not required in respect of any of the following—

(a) any establishment which is used, or is intended to be used, solely as a nursing home or mental nursing home;

(b) any hospital as defined in section 128 of the M1 National Health Service Act 1977 which is maintained in pursuance of an Act of Parliament;

(c) any hospital as defined in section 145(1) of the M2 Mental Health Act 1983;

[F2 (d) any community home, voluntary home or children’s home within the meaning of the Children Act 1989.]

(f) subject to subsection (6) below, any school, as defined in section 114 of the M3 Education Act 1944;

(g) subject to subsection (7) below, any establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944;

(h) any university or university college or college, school or hall of a university;

(j) any establishment managed or provided by a government department or local authority or by any authority or body constituted by an Act of Parliament or incorporated by Royal Charter.

(6) An independent school within the meaning of the Education Act 1944 is not excluded by subsection (5) above if the school provides accommodation for 50 or less children under the age of 18 years and is not for the time being approved by the Secretary of State under section 11(3)(a) of the M4 Education Act 1981.

(7) An establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944 is only excluded by subsection (5) above until the end of the period of 12 months from the date on which the Secretary of State made the payment.

Textual Amendments

F1 S. 1(4)(4A)(4B) substituted (1.4.1993) for s. 1(4) by Registered Homes (Amendment) Act 1991 (c. 20, SIF 113:3), s. 1(2); S.I. 1992/2240, art. 2

F2 S. 1(5)(d) substituted (14.10.1991) for s. 1(5)(d)(e) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 49(1) (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1977 c. 49.

M2 1983 c. 20.

M3 1944 c. 31.

M4 1981 c. 60.