Office of Public Sector Information
Statutory Instruments
social care england
children and young persons, england
Made
26th February 2007
Laid before Parliament
2nd March 2007
Coming into force
1st April 2007
1.—(1) These Regulations may be cited as the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2007 and shall come into force on 1st April 2007.
(2) These Regulations apply in relation to England only.
2. In these Regulations—
“the Act” means the Care Standards Act 2000 or that Act as applied by the Care Standards Act 2000 (Extension of the Application of Part 2 to Adult Placement Schemes) (England) Regulations 2004(3);
“the 1957 Act” means the Nurses Agencies Act 1957(4);
“the 1984 Act” means the Registered Homes Act 1984(5);
“adult placement scheme” has the same meaning as in the Adult Placement Schemes (England) Regulations 2004(6);
“agency” means a domiciliary care agency or a nurses agency;
“approved place” means a bed provided for the use of a service user at night;
“certificate” means a certificate of registration;
“existing provider” means—
a person who immediately before 1st April 2002 was registered under—
Part 1 of the 1984 Act in respect of a residential care home, or
Part 2 of the 1984 Act in respect of a nursing home or mental nursing home; or
a nurses agency provider;
“new provider” means a person who—
carries on an agency, and first carried on that agency on or after 1st April 2003; or
carries on a care home and first carried on that home on or after 1st April 2002;
“nurses agency provider” means a person—
who, immediately before 1st April 2003, carried on an agency for the supply of nurses within the meaning of the 1957 Act; and
was the holder of—
a valid licence which had been granted to him by a local authority under section 2 of that Act and which authorised him to carry on that agency from premises specified in the licence, or
a licence which would have ceased to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, but which continued to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No.2) (England) Order 2002(7) (“the relevant order”);
“previously exempt provider” means a provider who, immediately before 1st April 2002, carried on a care home other than a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part 1 or 2 of the 1984 Act;
“registered manager” in relation to a care home, agency or adult placement scheme means a person who is registered under Part 2 of the Act as the manager of the care home, agency or adult placement scheme;
“registered person” means any person who is the registered provider or registered manager in respect of a care home, agency or adult placement scheme;
“registered provider” in relation to a care home, agency or adult placement scheme means a person who is registered under Part 2 of the Act as the person carrying on the care home, agency or adult placement scheme;
“service user” means—
any person who is to be provided with accommodation or services in a care home, or by an agency, but excludes registered persons or persons employed or intended to be employed in a care home or by an agency, and their relatives; or
in relation to an adult placement scheme, an adult who is or may be placed by the provider of a scheme;
“small agency” means an agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;
“small care home” means a care home which has less than four approved places;
“small scheme” means an adult placement scheme carried on by a registered provider who—
employs no more than two members of staff, including registered persons, at any one time; and
has entered into carer agreements with no more than 50 adult placement carers at any one time.
2000 c. 14. Sections 12(2), 15(3) and 16(3) were amended by the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (“the 2003 Act”), section 105 but see S.I. 2005/2925, article 3, for transitional provisions applying until such time as section 105(2) of the 2003 Act is commenced in relation to the CSCI; sections 31(7) and 45(4) were both amended by the 2003 Act, Schedule 9. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland or Northern Ireland, as the Secretary of State. See: section 121(1) for the definitions of “prescribed” and “regulations”. The functions of the National Care Standards Commission under Part 2 are transferred either to the Commission for Healthcare Audit and Inspection or to the Commission for Social Care Inspection in accordance with section 102 of the 2003 Act with effect from 1st April 2004. Back [1]
Section 87D was inserted into the Children Act 1989 (c.41) by section 108(2) of the Care Standards Act 2000. Back [2]
S.I. 2004/1972. Back [3]
1957 c.16 (5 & 6 Eliz. 2). Back [4]
1984 c.23. Back [5]
S.I. 2004/2071, to which there are amendments not relevant to these Regulations. Back [6]
S.I. 2002/3210. Back [7]
The Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2007