Point in time view as at 07/04/2003. This version of this provision has been superseded.
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39.—(1) Where—
(a)a registered provider who manages the care home; or
(b)a registered manager,
is to be absent from the care home for a continuous period of 28 days or more, the registered person shall give notice in writing to the appropriate office of the National Assembly of the proposed absence.
(2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the absence commences or within such shorter period as may be agreed with the National Assembly and the notice shall specify with respect to the absence—
(a)its length or expected length;
(b)the reason for it;
(c)the arrangements which have been made for the running of the care home;
(d)the name, address and qualifications of the person who will be responsible for the care home during the absence; and
(e)arrangements that have been or are proposed to be made for appointing another person to manage the [F1care home] during the absence, including the proposed date by which the appointment is to be made.
(3) Where an absence referred to in paragraph (1) is to arise as a result of an emergency, the registered provider shall give notice of the absence within one week of the emergency’s occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).
(4) Where—
(a)a registered provider who manages the care home; or
(b)a registered manager;
has been absent from the [F2care home] for a continuous period of 28 days or more, and the appropriate office of the National Assembly has not been given notice of the absence, the registered person shall forthwith give notice in writing to that effect specifying the matters mentioned in paragraphs (a) to (e) of paragraph (2).
(5) The registered person shall notify the appropriate office of the National Assembly of the return to work of a person mentioned in sub-paragraph (a) or (b) of paragraph (4) not later than 7 days after the date of return.
Textual Amendments
F1Words in reg. 39(2)(e) substituted (7.4.2003) by The Care Homes (Wales) (Amendment No.2) Regulations 2003 (S.I. 2003/1004), regs. 1(1), 2(4)
F2Words in reg. 39(4) substituted (7.4.2003) by The Care Homes (Wales) (Amendment No.2) Regulations 2003 (S.I. 2003/1004), regs. 1(1), 2(5)
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