The Supported Accommodation (England) Regulations 2023

PART 9 Further amendments

Amendments to the Disqualification from Caring for Children (England) Regulations 2002

38.—(1) The Disqualification from Caring for Children (England) Regulations 2002(1) are amended as follows.

(2) In regulation 1(2)—

(a) at the end of the definition of “the Act”, delete “and”;

(b) after the definition of “the 2000 Act”, insert—

““supported accommodation undertaking” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022.”.

(3) In regulation 2(7) (grounds for disqualification)—

(a) in sub-paragraph (b), omit “or”;

(b) after sub-paragraph (c), insert—

“(d) who has been refused registration in respect of a supported accommodation undertaking under section 13 of the 2000 Act;

(e) whose registration in respect of a supported accommodation undertaking has been cancelled under section 14 or 20(1) of the 2000 Act; or

(f) who has been concerned in the management of, or had any financial interest in, a supported accommodation undertaking in respect of which the registration of any person has been cancelled under section 14 or 20(1) of the 2000 Act.”.

(4) In paragraph 1 of the Schedule (specified offences), after sub-paragraph (3), insert—

“(4) An offence in relation to a supported accommodation undertaking under or by virtue of any of the following provisions of the 2000 Act—

(a) section 11(1) (failure to register);

(b) section 24 (failure to comply with conditions);

(c) section 26 (false descriptions of establishments and agencies); or

(d) section 27 (false statements in applications).”.

Amendments to the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015

39.—(1) The Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015(2) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “approved place”, after paragraph (b), insert—

“(c)

in relation to a supported accommodation undertaking, premises at which supported accommodation is to be provided by the undertaking;”;

(b) after the definition of “holiday scheme for disabled children”, insert—

““large supported accommodation undertaking” means a supported accommodation undertaking which has 10 or more approved places;”;

(c) after the definition of “small residential family centre”, insert—

““small supported accommodation undertaking” means a supported accommodation undertaking which has fewer than 10 approved places;”;

(d) at the end insert—

““supported accommodation” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022;

“supported accommodation undertaking” has the same meaning as in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022.”.

(3) After regulation 9 (holiday schemes for disabled children), insert—

“Supported accommodation undertakings

9A.— (1) Where the application is for registration as the person who carries on a small supported accommodation undertaking, the fee is £3,600.

(2) Where the application is for registration as the person who carries on a large supported accommodation undertaking, the fee is £4,600.

(3) Where the application is for registration as the individual who manages a supported accommodation undertaking, the fee is £900.”.

(4) After regulation 16 (fostering agencies), insert—

“Supported accommodation undertakings

16A.— (1) Where the application relates to a supported accommodation undertaking, the fee, subject to paragraph (2), is £910.

(2) In the case of an application for a minor variation, the fee is £176.”.

Amendments to the 2022 Regulations

40.—(1) The 2022 Regulations are amended as follows.

(2) In regulation 3(2) (application of Part 2 of the Act to persons carrying on or managing supported accommodation undertakings), omit sub-paragraph (h).

(3) In the Schedule (modifications to Part 2 of the Act)—

(a) in paragraph 1, in the opening words, omit “insofar as they apply to paragraph (d)”;

(b) in paragraph 3(a), omit “insofar as they apply to that paragraph”;

(c) in paragraph 3(f)(i), omit “insofar as they apply to paragraphs (a) to (j)”.

(1)

S.I. 2002/635; relevant amending instruments are S.I. 2011/2581, 2013/1465, 2018/48, 2019/237.

(2)

S.I. 2015/551; relevant amending instruments are S.I. 2019/1094, 2022/196, 2023/276.