The Care Homes (Amendment No. 2) Regulations 2003

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    " (2A) If a person other than a service user or the Commission requests a copy of the service user's guide, the registered person shall either - 


(a) make the service user's guide available for inspection by that person at the care home; or

(b) supply a copy to that person.".

    (3) After regulation 5, there shall be inserted the following regulation - 

" Information about fees
     5A  - (1) This regulation shall apply where nursing is provided by the care home.

    (2) The registered person shall provide to each service user, by not later than the day on which he becomes a service user, a statement specifying - 


(a) the fees payable by or in respect of the service user for the provision to the service user of any of the following services - 


(i) accommodation, including the provision of food;

(ii) nursing; and

(iii) personal care,



and, except where a single fee is payable for those services, the services to which each fee relates;

(b) the method of payment of the fees and the person or persons by whom the fees are payable.



    (3) The registered person shall notify the service user at least one month in advance of - 



(a) any increase in the fees referred to in paragraph (2)(a) and payable by or in respect of the service user;

(b) any variation in the matters referred to in paragraph (2)(b).



    (4) The registered person shall inform the service user - 



(a) if it is practicable to do so, by not later than 28 days after the day on which he becomes a service user; or

(b) in any other case, as soon as it becomes practicable to do so,



as to whether a nursing contribution is to be paid in respect of nursing to be provided at the care home to the service user.

    (5) Where a nursing contribution is paid in respect of nursing provided at the care home to the service user, the registered person shall provide to the service user a statement specifying - 



(a) the date of payment and the amount of the nursing contribution; and

(b) either - 


(i) the date (if any) on which the registered person is to pay the amount of the nursing contribution to the service user or deduct that amount from the fees referred to in paragraph (2)(a); or

(ii) if the nursing contribution is not to be so paid or deducted, whether and if so how it is taken into account for the purpose of calculating those fees.



    (6) In this regulation, "nursing contribution" means a payment by a Primary Care Trust[3] to the registered person in respect of nursing to be provided to a service user at the care home, but does not include a payment where - 



(a) the Primary Care Trust has made arrangements with the care home for the provision of accommodation to the service user; and

(b) the payment relates to any period for which under those arrangements accommodation is provided at the care home to the service user.".

    (4) In regulations 36 and 43 (offences), after "5," there shall be inserted "5A,".



Signed by authority of the Secretary of State for Health


Stephen Ladyman
Parliamentary Under Secretary of State, Department of Health

7th July 2003

Failure by the registered person to comply with the requirements mentioned above is made an offence (regulation 2(4)).

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department of Health's website:www.doh.gov.uk/regulatoryimpact/index.htm, or www.doh.gov.uk/jointunit/nhsfundednursingcare.

[2] S.I. 2001/3965, to which there are amendments not relevant to these Regulations.back

[3] See section 16A of the National Health Service Act 1977 (c. 49). Section 16A was inserted by section 2(1) of the Health Act 1999 (c.8), and amended by section 2(1) to (3) of the National Health Service Reform and Health Care Professions Act 2002 (c.17).back