Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose a duty on services-providers requiring them to allow authorised representatives of local involvement networks to enter and view certain premises owned or controlled by certain services-providers and to allow authorised representatives to observe the carrying-on of certain activities on such premises.

Regulation 3 sets out the duty to be imposed on services-providers. In particular it sets out that the duty is not to apply—

• - if the presence of an authorised representative would compromise the effective provision of care services or the privacy or dignity of any person;

• - to activities provided as part of a local authority’s functions relating to or concerning persons aged under 18;

• - to non-communal areas of care homes and certain types of residential accommodation;

• - to premises or any parts of premises when care services are not being provided on those premises or parts of premises; and

• - if in the opinion of the services-provider, the authorised representative in seeking to enter and view the premises and observe the carrying-on of activities is not acting reasonably and proportionately.

Regulation 5 provides that whilst an authorised representative is on premises owned or controlled by a services-provider in accordance with these Regulations then the authorised representative must not compromise the provision of care services or the privacy or dignity of any person.

Section 225(7) of the Local Government and Public Involvement in Health Act 2007 (c. 28) sets out the meaning of “services-provider” for the purposes of that section. Regulation 6 sets out additional persons who are to be services-providers for the purposes of section 225 and who will therefore have to comply with the duty to allow authorised representatives to enter and view the premises that they own or control and to view activities carried-on on those premises.

A full Impact Assessment has been produced for this instrument and copies are available from the PPI Policy Team, Room 502A, Skipton House, 80 London Road, London SE1 6LH (email – ppimailbox@dh.gsi.gov.uk).