The Residential Care Homes (Amendment) (No. 2) Regulations 1992

5

1

A person registered in respect of a residential care home as being the person in control of it shall pay an annual fee, of an amount determined in accordance with paragraphs (2) to (4) of this regulation, within one month of the date on which the certificate of registration was issued and thereafter in each year no later than the day before the anniversary of that date.

2

Where the home is not a small home, the annual fee shall, subject to paragraph (4) of this regulation, be of an amount equal to £41 multiplied by the maximum number of persons specified (in accordance with section 5(3) of the Act) in the certificate of registration in respect of the home.

3

Where the home is a small home, the annual fee shall be £30.

4

Where the home is not a small home, but an annual fee was payable in respect of the immediately preceding year and was that payable in accordance with paragraph (3) of this regulation because the home was then a small home and no application for re-registration under section 5(1) of the Act has been made and accompanied by the registration fee, the amount of the annual fee determined in accordance with paragraph (2) of this regulation shall be increased by £610.

1A

A person registered in respect of a small home need not compile the records specified in—

a

paragraphs 8 to 16 of Schedule 2 to these Regulations;

b

paragraph 4 of that Schedule, except to the extent that it relates to any medicines administered to a resident; or

c

in paragraph 7 of that Schedule to the extent that it relates to any visits by persons authorised to inspect the home.

18

The registration authority shall ensure that any home other than a small home is inspected pursuant to section 17 of the Act not less than twice in every period of 12 months.

Exemption from registration in respect of certain small homes24

1

Registration under Part I of the Act is not required in respect of a small home if the only person or persons for whom it provides residential accommodation with both board and personal care are—

a

a child or children in need of personal care by reason of disablement, past or present dependence on alcohol or drugs, or past or present mental disorder, who are accommodated pursuant to any of the provisions specified in paragraph (2) of this regulation;

b

a child or children to whom paragraph (1)(a) of this regulation applies and a person or persons falling within section 1(4)(a) of the Act.

2

The provisions referred to in paragraph (1)(a) of this regulation are—

a

section 23(2)(a) of the Children Act 19893 (foster placement by a local authority);

b

section 59(1)(a) of the Children Act 1989 (foster placement by a voluntary organisation);

c

part IX of the Children Act 1989 (private arrangements for fostering children).

Annual returns25

1

The person registered in respect of a small home shall make to the registration authority an annual return containing the information referred to in Schedule 4.

2

The annual return in respect of a home shall be made each year on or before the anniversary of the date on which the certificate of registration relating to the home was issued, and shall be—

a

in the case of the first return, for the period beginning with the date on which the application was made and ending with the date on which the return is made; and

b

in the case of subsequent returns, for the period since the last return was made until the date on which the subsequent return is made.

18

In the case of a small home a record of each person, whether employed or not, at the home who is providing personal care for residents which record shall include that person’s full name, date of birth, qualifications, experience and position in the home.

SCHEDULE 4INFORMATION TO BE SUPPLIED IN THE ANNUAL RETURN

Regulation 25

1

a

The name, address and telephone number of the home, and the name and address of the person registered, indicating which if any of these items of information is different from that previously supplied;

b

the number, sex and category of residents cared for in the home, indicating which if any of these items of information is different from that previously supplied;

c

the number of residents who have left the home since the later of the date of registration or the date when information was previously supplied;

d

the date and cause of death of any resident who has died in the home since the later of the date of registration or the date when information was previously supplied;

e

the number of residents who are permanently confined to bed indicating any change since the later of the date of registration or the date when information was previously supplied;

f

the full names and dates of birth of the persons other than residents who are living in the home, whether or not employed in the management or running of the home or in the provision of care in the home, indicating which if any of these items of information is different from that previously supplied;

g

the full names and dates of birth, qualifications and experience of the persons employed in the management or running of the home or in the provision of care in the home, whether living in the home or not, and of the persons assisting informally in the management or running of the home or in the provision of care in the home but not living in the home, indicating which if any of these items of information is different from that previously supplied;

h

any criminal convictions details of which have not been previously supplied, including, where the registration authority ask for details of any criminal convictions which are spent convictions as mentioned in paragraph 2A(b) of Schedule 1 to these Regulations, and inform the person registered as mentioned in that paragraph, details of those spent convictions.

2

In this Schedule “previously supplied” means—

a

where no annual return has previously been made, supplied in the application for registration;

b

in relation to any other return supplied in the last annual return made.