(a) is an individual who carries on the nursing home -


(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);

(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);



(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);

(c) is an organisation; and



(i) the organisation has given notice to the Regulation and Improvement Authority of the name, address and position in the organisation of an individual who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the nursing home; and

(ii) that individual satisfies the requirements set out in paragraph (3).

    (3) The requirements are that -

(a) he is of integrity and good character; and

(b) he is physically and mentally fit to carry on the nursing home; and

(c) full and satisfactory information is available in relation to him in respect of the matters specified in paragraphs 1 to 7 of Schedule 2.

    (4) A person shall not carry on a nursing home if -

(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b) he has made a composition or arrangement with his creditors and has not been discharged in respect of it.

(a) meet his individual needs;

(b) reflect current best practice; and

(c) are (where necessary) provided by means of appropriate aids or equipment.

    (2) The registered person shall ensure that all aids and equipment used in or for the purpose of the nursing home is -

(a) suitable for the purposes for which it is to be used; and

(b) properly maintained and in good working order.

    (3) The registered person shall ensure that -

(a) where reusable medical devices are used in a nursing home, the registered person shall ensure that appropriate procedures are implemented and adhered to in relation to cleaning, disinfection, inspection, packaging, sterilisation, transportation and storage of such devices;

(b) the procedures implemented in accordance with sub-paragraph (a) shall be such as to ensure that reusable medical devices are handled safely and decontaminated effectively in accordance with the manufacturer's guidance, prior to re-use.

    (4) The registered person shall ensure that food and fluids -

(a) are provided in adequate quantities and at appropriate intervals;

(b) are properly prepared, wholesome and nutritious and meets their nutritional requirements;

(c) are suitable for the needs of patients;

(d) provide choice for the patients; and

(e) that the menu is varied at suitable intervals.

(a) the physical design and layout of the premises to be used as the nursing home meets the needs of the patients;

(b) the premises to be used as the nursing home are of sound construction and kept in a good state of repair externally and internally;

(c) equipment provided at the nursing home for use by patients or persons who work at the home is in good working order, properly maintained in accordance with the manufacturer's guidance, and suitable for the purpose for which it is to be used;

(d) all parts of the nursing home are kept clean and reasonably decorated;

(e) adequate private and communal accommodation is provided for patients;

(f) the size and layout of rooms occupied or used by patients are suitable for their needs;

(g) there is adequate seating, recreational and dining space provided separately from the patient's private accommodation;

(h) the communal space provided for patients is suitable for the provision of social, cultural and religious activities appropriate to the circumstances of patients;

(i) suitable facilities are provided for patients to receive visitors whether in communal areas or in private as the patient chooses;

(j) there are provided at appropriate places in the premises sufficient numbers of lavatories, wash-basins, baths and showers fitted with a hot and cold water supply;

(k) any necessary sluicing facilities are provided;

(l) there is suitable storage provision for the purposes of the nursing home;

(m) suitable storage facilities are provided for the use of patients;

(n) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may be required are provided to meet the needs of patients;

(o) secure and safe outdoor space with seating, accessible to all residents is provided and appropriately maintained;

(p) ventilation, heating, cooling and lighting suitable for patients is provided in all parts of the nursing home which are used by patients;

(q) the engineering services are maintained in good working order;

(r) any vehicle used by the home for transporting patients is suitable for that purpose and maintained in good working order;

(s) provision is made for the home to operate in the event of the breakdown of essential utility services; and

(t) a risk assessment to manage health and safety is carried out and updated when necessary.

    (3) The registered person shall, having regard for the number of staff employed and the duties they undertake, provide -

(a) suitable facilities and accommodation, including -


(i) facilities for the purpose of changing;

(ii) storage facilities.

    (4) The registered person shall -

(a) have in place a current risk written assessment and fire management plan which is revised and actioned when necessary or whenever the fire risk has changed;

(b) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;

(c) provide adequate means of escape;

(d) make adequate arrangements -


(i) for detecting, containing and extinguishing fires;

(ii) for giving warnings of fires;

(iii) for the evacuation, in the event of fire, of all persons in the nursing home and safe placement of patients;

(iv) for the maintenance of all fire equipment; and

(v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;



(e) make arrangements for persons working at the nursing home to receive suitable training from a competent person in fire prevention; and

(f) to ensure, by means of fire drills and practices at suitable intervals, that the persons working at the nursing home and, so far as practicable, patients, are aware of the procedure to be followed in case of fire, including the procedure for saving life.

    (5) The registered person shall undertake appropriate consultation with the environmental health department of the district council for the district in which the nursing home is situated.

(a) the annual accounts of the nursing home certified by an accountant;

(b) a reference from a bank expressing an opinion as to the registered provider's financial standing;

(c) information as to the financing and financial resources of the nursing home;

(d) where the registered provider is a company, information as to any of its associated companies;

(e) a certificate of insurance for the registered provider in respect of liability which may be incurred by him in relation to the nursing home in respect of death, injury, public liability, damage or other loss.

    (3) The registered person shall -

(a) ensure that adequate accounts are maintained in respect of the nursing home and kept up to date;

(b) ensure that the accounts give details of the running costs of the nursing home, including rent, payments under a mortgage and expenditure on food, heating and salaries and wages of staff; and

(c) supply a copy of the accounts to the Regulation and Improvement Authority at its request.

(a) the death of any patient, in the nursing home, including the circumstances of his death;

(b) the outbreak in the nursing home of any infectious disease which in the opinion of any medical practitioner attending persons in the home is sufficiently serious to be so notified;

(c) any serious injury to a patient in the nursing home;

(d) any event in the nursing home which adversely affects the wellbeing or safety of any patient;

(e) any theft or burgulary in the nursing home;

(f) any accident in the nursing home;

(g) any allegation of misconduct by the registered person or any person who works at the nursing home.

(a) the assessment of needs referred to in regulation 15(1)(a);

(b) the patient's plan referred to in regulation 16(1).

     2. A recent photograph of the patient.

     3. A record of the following matters in respect of each patient -

(a) the name, address, date of birth and marital status of each patient;

(b) the name, address and telephone number of the patient's next of kin or of any person authorised to act on his behalf;

(c) the name, address and telephone number of the patient's general practitioner and of any officer of a HSS Trust whose duty it is to supervise the welfare of the patient;

(d) the date on which the patient was admitted to the nursing home;

(e) the date on which the patient was discharged from the nursing home;

(f) if the patient is transferred to another nursing home or to a hospital, the name of the nursing home or hospital and the date on which the patient is transferred;

(g) if the patient died at the nursing home, the date and time of death;

(h) the name and address of any HSS Trust, organisation or other body, which arranged the patient's admission to the nursing home;

(i) a record of all medicines kept in the nursing home for the patient, and the date on which they were administered to the patient;

(j) a record of any accident affecting the patient in the nursing home and of any other incident in the home which is detrimental to the health or welfare of the patient, the record shall include the nature, date and time of the accident or incident, whether medical treatment was required and the name of the nurses who were respectively in charge of the nursing home and supervising the patient;

(k) a contemporaneous note of all nursing provided to the patient, including a record of his condition and any treatment or surgical intervention;

(l) details of any specialist communications needs of the patient and methods of communication that may be appropriate to the patient;

(m) details of any healthcare plan relating to the patient in respect of medication, specialist health care provision or nutrition;

(n) the wishes of the patient regarding any specific arrangements at the time of death;

(o) a record of falls and of treatment provided to the patient;

(p) a record of incidence of pressure ulcers and of treatment provided to the patient;

(q) a record of any restraint used in relation to the patient;

(r) a record of any limitations agreed with the patient as to the patient's freedom of choice, liberty of movement and power to make decisions.

     4. A copy of correspondence relating to each patient.

(a) his full name, address, date of birth, qualifications, experience and if applicable, confirmation of his registration status with an appropriate professional regulatory body;

(b) a copy of his birth certificate and passport (if any);

(c) a copy of each reference obtained in respect of him;

(d) the dates on which he commences and ceases to be so employed;

(e) the position he holds at the nursing home, the work that he performs and the number of hours for which he is employed each week;

(f) correspondence, reports, records of disciplinary action and any other records in relation to his employment including the recruitment process under which he was appointed;

(g) the training and development activities completed by him.

     7. A copy of the duty roster of persons working at the nursing home, and a record of whether the roster was actually worked.

     8. A record of the nursing home's charges to patients, including any extra amounts payable for additional services not covered by those charges, and the amounts paid by or in respect of each patient.

     9. A record of all money or other valuables deposited by a patient for safekeeping or received on the patient's behalf, which -

(a) shall state the date on which the money or valuables were deposited or received, the date on which any money or valuables were returned to a patient or used, at the request of the patient, on his behalf and, where applicable, the purpose for which the money or valuables were used; and

(b) shall include the written acknowledgement of the return of the money or valuables.

     10. A record of furniture and personal possessions brought by a patient into the room occupied by him.

     11. A record of all complaints made by patients or representatives or relatives of patients or by persons working at the nursing home about the operation of the nursing home, and the action taken by the registered person in respect of any such complaint.

     12. A record of any of the following events that occur in the nursing home -

(a) any accident;

(b) any incident which is detrimental to the health or welfare of a patient, including the outbreak of infectious disease in the home;

(c) any injury or serious illness;

(d) any fire;

(e) except where a record to which paragraph 14 refers is to be made, any occasion on which the fire alarm equipment is operated;

(f) any theft or burglary.

     13. Records of the food provided for patients in sufficient detail to enable any person inspecting the record to determine whether the diet is satisfactory, in relation to nutrition and otherwise, and of any special diets prepared for individual patients.

     14. A record of every fire practice, drill or test of fire equipment (including fire alarm equipment) conducted in the nursing home and of any action taken to remedy defects in the fire equipment.

     15. A statement of the procedure to be followed in the event of a fire, or where a fire alarm is activated.

     16. A statement of the procedure to be followed in the event of accidents or in the event of a patient becoming missing.

     17. A record of charges made to patients for transport and the amounts paid by or in respect of each patient.

     18. Where patients collectively own the vehicles -

(a) a record is kept with the amounts paid by or in respect of each patient running the vehicle;

(b) a record is kept of journeys made and names of patients being transported.

     19. A record of the programme of events and activities that includes the name of the person leading the activity and the names of those who participated.

     20. A record of all staff meetings held and the names of all those attending.

     21. A record of training undertaken as referred to in regulation 20(1)(c)(i).

     22. A record of all visitors to the nursing home, including the names of all visitors.