PART VIIMISCELLANEOUS

Adult placements45.

(1)

For the purposes of this regulation and regulation 46, a registered provider is an adult placement carer in respect of a care home if—

(a)

he is the registered provider in respect of, and manages, the care home;

(b)

no person other than the registered provider manages the care home;

(c)

the care home is, or forms part of—

(i)

the registered provider’s home; or

(ii)

if the registered provider has more than one home, the home where he ordinarily resides;

(d)

no more than three service users are accommodated in the care home;

(e)

a placement agreement has been made in respect of each of the service users;

(f)

each service user is over the age of 18.

(2)

In this regulation, “placement agreement” means an agreement that—

(a)

has been made between—

(i)

the registered provider;

(ii)

the service user;

(iii)

the local authority or other body which manages a scheme (“adult placement scheme”) under which it has arranged or proposes to arrange for the service user to be accommodated in a care home;

(b)

makes provision for the following matters—

(i)

the aims of the arrangements under which the service user is accommodated in the care home;

(ii)

the room to be occupied by the service user;

(iii)

the services to be provided to the service user;

(iv)

the fees to be charged;

(v)

the qualifications and experience of the registered provider;

(vi)

the terms and conditions in respect of the accommodation and services to be provided;

(vii)

services and assistance to be provided under the adult placement scheme under which the accommodation is or has been arranged.