1991 No. 2502
The Residential Care Homes (Amendment) Regulations 1991
Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred by sections 5(1), 8, 16(1) and 56(4) of the Registered Homes Act 19841 and of all other powers enabling him in that behalf, hereby makes the following Regulations:–
Citation, commencement and interpretation1
–
1
These Regulations may be cited as the Residential Care Homes (Amendment) Regulations 1991 and shall come into force on 1st December 1991.
2
In these Regulations “the principal Regulations” means the Residential Care Homes Regulations 19842.
Amendment of regulation 1 of the principal Regulations2
In regulation 1(2) of the principal Regulations (interpretation)–
a
for the definition of “care authority” there shall be substituted–
“care authority” in relation to a child, means the local authority whois looking after the child within the meaning of section 22(1) of the Children Act 19893
b
for the definition of “care order” there shall be substituted–
“care order” has the meaning assigned to it in section 105 of the Children Act 1989
c
for the definition of “independent visitor” there shall be substituted–
“independent visitor” means a person appointed as a visitor pursuant to paragraph 17 of Schedule 2 to the Children Act 1989
Insertion of regulation 2A into the principal Regulations3
After regulation 2 of the principal Regulations (particulars to be supplied on an application for registration), there shall be inserted–
Documentary evidence to be supplied on application for registration2A
An applicant for registration under Part I of the Act shall, if the registration authority so requires, supply to that authority such birth certificate and such other documentary evidence as is specified by that authority as being necessary to substantiate the information supplied in accordance with paragraphs 1(a) or 2(a)(i) of Schedule 1 to these Regulations.
Amendment of Schedule 1 to the principal Regulations4
In Schedule 1 to these Regulations (information to be supplied on an application for registration) after paragraph 2 there shall be inserted–
2A
An applicant for registration who is the intended manager of the home (whether or not he is in control of it) shall–
a
supply in writing to the registration authority details with respect to his criminal convictions (if any);
b
where the registration authority ask him for details of any criminal convictions which are spent convictions within the meaning of section 1 of the Rehabilitation of Offenders Act 19744 and inform him at the time the question is asked that, by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 19755 spent convictions are to be disclosed, supply in writing to the registration authority details of those convictions.
Amendment of regulation 3 of the principal Regulations5
In regulation 3 of the principal Regulations (fees on application for registration)–
a
in paragraph (1)(a) for “£155” there shall be substituted “£210”;
b
in paragraph (1)(b) for “£570” there shall be substituted “£770”;
c
in paragraph (2) for “£570” there shall be substituted “£770”.
Amendment of regulation 5 of the principal Regulations6
In regulation 5(1) of the principal Regulations (annual fee) for “£28” there shall be substituted “£37”.
Signed by authority of the Secretary of State for Health
(This note is not part of the Regulations)