The Adult Placement Schemes (England) Regulations 2004

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

    3. 3.Specification of registration authority

    4. 4.Statement of purpose

    5. 5.Service user’s guide

    6. 6.Review of statement of purpose and service user’s guide

    7. 7.Scheme documents

  3. PART 2 REGISTERED PERSONS

    1. 8.Fitness of registered provider

    2. 9.Appointment of manager

    3. 10.Fitness of manager

    4. 11.Registered person – general requirements and training

    5. 12.Notification of offences

  4. PART 3 ADULT PLACEMENTS AND ADULT PLACEMENT CARERS

    1. CHAPTER 1 MAKING, MONITORING AND TERMINATION OF PLACEMENTS

      1. 13.Making of placements and placement agreements

      2. 14.Monitoring and review of placements

      3. 15.Termination of placements

    2. CHAPTER 2 ADULT PLACEMENT CARERS

      1. 16.Fitness of adult placement carers

      2. 17.Carer agreements

      3. 18.Adult placement carers – training

      4. 19.Adult placement carer handbook

    3. CHAPTER 3 SERVICE USER'S PLAN

      1. 20.Service user’s plan

  5. PART 4 CONDUCT OF ADULT PLACEMENT SCHEMES

    1. CHAPTER 1 OPERATION OF ADULT PLACEMENT SCHEME

      1. 21.General conduct of adult placement scheme

      2. 22.Information, documents and records

      3. 23.Complaints

      4. 24.Review of quality of scheme’s operations

      5. 25.Visits by registered provider

      6. 26.Staff views as to conduct of scheme

    2. CHAPTER 2 PREMISES

      1. 27.Fitness of premises

    3. CHAPTER 3 STAFFING

      1. 28.Fitness of staff

      2. 29.Staffing

      3. 30.Employment of staff

      4. 31.Staff handbook

    4. CHAPTER 4 FINANCIAL MATTERS

      1. 32.Financial position

    5. CHAPTER 5 NOTICES TO BE GIVEN TO THE CSCI

      1. 33.Notification of incidents

      2. 34.Notice of absence

      3. 35.Notice of changes

      4. 36.Appointment of liquidators etc.

      5. 37.Death of registered person

  6. PART 5 MISCELLANEOUS

    1. 38.Compliance with regulations

    2. 39.Offences

    3. 40.Application of Part 2 of the Act to persons carrying on or managing an adult placement scheme

    4. 41.Amendment of the Care Homes Regulations 2001

    5. 42.Amendment of the National Care Standards Commission (Registration) Regulations 2001

    6. 43.Amendment of the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004

    7. 44.Amendment of the Domiciliary Care Agencies Regulations 2002

    8. 45.Transitional and savings Provisions

  7. Signature

    1. SCHEDULE 1

      INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

      1. 1.The name and address of the registered provider and of...

      2. 2.If the registered provider is not an organisation, his relevant...

      3. 3.If the registered provider is an organisation, the name and...

      4. 4.The relevant qualifications and experience of any registered manager.

      5. 5.The number, relevant qualifications and experience of the staff working...

      6. 6.The organisational structure of the scheme.

      7. 7.The age-range and sex of the service users in respect...

      8. 8.The range of needs that the scheme intends to meet...

      9. 9.The arrangements made for consultation with service users about the...

      10. 10.The arrangements made so as to ensure that service users...

      11. 11.The arrangements for dealing with complaints about the operation of...

    2. SCHEDULE 2

      INFORMATION AND DOCUMENTS IN RESPECT OF PERSONS PROVIDING, MANAGING OR WORKING FOR THE PURPOSES OF A SCHEME (EXCLUDING ADULT PLACEMENT CARERS)

      1. 1.Proof of identity including a recent photograph.

      2. 2.Either— (a) where the certificate is required for a purpose...

      3. 3.Two written references, including a reference from the last employer...

      4. 4.Where a person has previously worked in a position whose...

      5. 5.Documentary evidence of any relevant qualification.

      6. 6.A full employment history, together with a satisfactory written explanation...

    3. SCHEDULE 3

      INFORMATION AND DOCUMENTS IN RESPECT OF ADULT PLACEMENT CARERS AND OTHERS

      1. 1.Proof of identity including a recent photograph.

      2. 2.Either— (a) where the position falls within section 115(4) of...

      3. 3.Two written personal references from persons (not being relatives of...

      4. 4.A written reference from the last employer if any.

      5. 5.Details of health record.

      6. 6.Details of a check with the local authority in whose...

      7. 7.Where a person has previously worked in a position whose...

      8. 8.Documentary evidence of any relevant qualification.

      9. 9.A full employment history, together with a satisfactory written explanation...

      10. 10.A letter from a mortgage lender or landlord (as the...

      11. 11.A copy of the assessment report in respect of the...

      12. 12.A written statement as to the suitability of a person...

    4. SCHEDULE 4

      RECORDS TO BE KEPT BY A SCHEME

      1. 1.Records

      2. 2.A record of all persons working for the purposes of...

      3. 3.A record of all persons with whom the scheme has...

      4. 4.A record of— (a) all accidents that have occurred during...

    5. SCHEDULE 5

      Modification of the Care Standards Act 2000 in respect of persons carrying on and managing adult placement schemes

      1. 1.Modification of section 11 of the Act

      2. 2.Modification of section 12 of the Act

      3. 3.Modification of section 13 of the Act

      4. 4.Modification of section 14 of the Act

      5. 5.Modification of section 17 of the Act

      6. 6.Modification of section 19

      7. 7.Modification of section 20

      8. 8.Modification of section 21

      9. 9.Modification of section 23

      10. 10.Modification of section 24

      11. 11.Modification of section 26 of the Act

      12. 12.Modification of section 28 of the Act

      13. 13.Modification of section 31

      14. 14.Modification of section 32

      15. 15.Modification of section 34

      16. 16.Modification of section 35

      17. 17.Modification of section 37

    6. SCHEDULE 6

      AMENDMENT OF THE CARE HOMES REGULATIONS 2001

      1. 1.The Care Homes Regulations 2001 are amended in accordance with...

      2. 2.In regulation 3(1) (excepted establishments)— (a) at the end of...

      3. 3.Regulations 45 (adult placements), 46 (modification of regulations in respect...

    7. SCHEDULE 7

      AMENDMENT OF THE NATIONAL CARE STANDARDS COMMISSION (REGISTRATION) REGULATIONS 2001

      1. 1.The National Care Standards Commission (Registration) Regulations 2001 are amended...

      2. 2.(1) In regulation 2 (interpretation)— (a) in paragraph (1)—

      3. 3.For regulation 8(1) (registers), substitute— (1) The Commission shall keep...

      4. 4.In regulation 9 (contents of certificate), in paragraph (e), after...

      5. 5.In Schedule 1 (information to be supplied on an application...

      6. 6.In Schedule 7 (particulars to be recorded in the registers...

    8. SCHEDULE 8

      AMENDMENT OF THE COMMISSION FOR SOCIAL CARE INSPECTION (FEES AND FREQUENCY OF INSPECTIONS) REGULATIONS 2004

      1. 1.The Commission for Social Care Inspection (Fees and Frequency of...

      2. 2.In regulation 2(1) (interpretation)— (a) in the definition of “the...

      3. 3.In regulation 3 (registration fees)— (a) in paragraph (1)(a), after...

      4. 4.In regulation 4 (variation fees)— (a) in paragraph (1)(a), after...

      5. 5.In regulation 5 (annual fees)— (a) in paragraph (1)—

      6. 6.In regulation 6 (frequency of inspections)— (a) in paragraph (1),...

    9. SCHEDULE 9

      AMENDMENT OF THE DOMICILIARY CARE AGENCIES REGULATIONS 2002

      1. 1.For regulation 3 of the Domiciliary Care Agencies Regulations 2002...

    10. SCHEDULE 10

      TRANSITIONAL AND SAVINGS PROVISIONS

      1. 1.In this Schedule “relevant date” means the date on which...

      2. 2.(1) This paragraph applies to persons who, by virtue of...

      3. 3.(1) This paragraph applies where, immediately prior to the relevant...

      4. 4.(1) This paragraph applies where— (a) at any time after...

      5. 5.Where an appeal under section 21 of the Act (appeals...

  9. Explanatory Note