The Care Homes (Wales) Regulations 2002

PART I E+W GENERAL

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Care Homes (Wales) Regulations 2002 and shall come into force on 1st April 2002.

(2) These Regulations apply in relation to care homes in Wales.

Commencement Information

I1 Reg. 1 in force at 1.4.2002, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Care Standards Act 2000;

“appropriate office” (“swyddfa briodol”) means in relation to a care home—

(a)

if an office has been specified under regulation 48 for the area in which the care home is situated, that office;

(b)

in any other case, any office of the National Assembly;

“environmental health authority” (“awdurdod iechyd amgylchedd”) means the authority responsible for environmental health for the area in which the care home is situated;

[F1 “fire and rescue authority” (“awdurdod tân ac achub”) means, in relation to a care home, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the care home is situated;]

“fostering arrangements”(“trefniadau maethu”) means arrangements made by, or on behalf of, a local authority under section 23(2)(a) of the Children Act 1989(1) or by a voluntary organisation under section 59(1)(a) of that Act, or arrangements made by a local authority or voluntary organisation under legislation similar to section 23(2)(a) or (as the case may be) section 59(1)(a);

[F2 “general practitioner” means a person who—

(a)

provides primary medical services pursuant to Part I of the National Health Service Act 1977; or

(b)

provides services which correspond to primary medical services provided under Part I of that Act, otherwise than in pursuance of that Act;]

“health care professional” (“proffesiynolyn gofal iechyd”) means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999(2) applies or who is a F3 ... [F4 child psychotherapist];

“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“organisation” (“corff”) means a body corporate;

“registered manager” (“rheolwr cofrestredig”), in relation to a care home, means a person who is registered under Part II of the Act as the manager of the care home;

“registered person” (“person cofrestredig”), in relation to a care home, means any person who is the registered provider or registered manager in respect of the care home;

“registered provider” (“darparydd cofrestredig”), in relation to a care home, means a person who is registered under Part II of the Act as a person carrying on the care home;

“relative” (“perthynas”), in relation to any person, means—

(a)

the person’s spouse [F5 or civil partner] ;

(b)

any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the person, or of the person’s spouse [F5 or civil partner];

(c)

the spouse [F5 or civil partner] of any relative within sub-paragraph (b) of this definition;

(d)

[F6 any individual who was provided with accommodation for more than 28 days between the ages of sixteen and eighteen under fostering arrangements made with the person, or the individual’s spouse] [F5 or civil partner] ;

and for the purpose of determining any such relationship a person’s step-child shall be treated as his child, F7 ... references to “spouse” include a former spouse and a person who is living with the person as if they were husband and wife [F8 , and references to a “civil partner” include a former civil partner.] ;

“representative” (“cynrychiolydd”) means, in relation to a service user, a person, other than the registered person or a person employed at the care home, who with the service user’s express or implied consent takes an interest in the service user’s health and welfare;

“responsible individual” (“unigolyn cyfrifol”) has the meaning given to it in regulation 7;

“service user” (“defnyddiwr gwasanaeth”) means any person accommodated in the care home who is in need of nursing or personal care by reason of disability, infirmity, past or present illness, past or present mental disorder or past or present dependence on alcohol or drugs;

“service user’s guide” (“arweiniad y defnyddiwr gwasanaeth”) means the written guide produced in accordance with regulation 5(1);

“service user’s plan” (“cynllun y defnyddiwr gwasanaeth”) means the written plan prepared in accordance with regulation 15(1);

“staff” (“staff”) means persons employed by the registered person to work at the care home but does not include a volunteer or a person employed under a contract for services;

“statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 4(1).

(2) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(b) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(3) In these Regulations, unless the contrary intention appears, references to employing a person include—

(a) employing a person whether or not for payment;

(b) employing a person under a contract of service or a contract for services; and

(c) allowing a person to work as a volunteer;

and references to an employee or to a person being employed shall be construed accordingly.

(4) In these Regulations a reference to a person working at a care home shall be taken to include a reference to a person working for the purposes of a care home.

Textual Amendments

F1 Words in reg. 2(1) substituted (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 65(2)

F2 Words in reg. 2(1) substituted (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 1(1), Sch. 1 para. 26(2)

F3 Words in reg. 2(1) omitted (1.7.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 4 para. 6; S.I. 2009/1357, art. 2(1)(c)

F4 Words in reg. 2(1) substituted (31.5.2004) by The Care Homes (Wales) (Amendment) Regulations 2004 (S.I. 2004/1314), regs. 1(1), 2

F5 Words in reg. 2(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005 (S.I. 2005/3302), art. 1(2), Sch. para. 17(a)(i)

F6 Words in reg. 2(1) substituted (31.12.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/2935), regs. 1(1), 2(2)

F7 Word in reg. 2(1) revoked (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005 (S.I. 2005/3302), art. 1(2), Sch. para. 17(a)(ii)

F8 Words in reg. 2(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005 (S.I. 2005/3302), art. 1(2), Sch. para. 17(a)(iii)

Commencement Information

I2 Reg. 2 in force at 1.4.2002, see reg. 1(1)

Excepted establishments E+W

3.—(1) For the purposes of the Act, an establishment is excepted from being a care home if—

(a) it provides accommodation, together with nursing or personal care, only for a relative of the person carrying it on;

(b) it provides accommodation, together with nursing or personal care, for less than 28 days in any 12 month period;

(c) it is a health service hospital at which nursing is provided;

(d) it provides accommodation, together with nursing, and is vested—

(i) in the National Assembly for the purposes of its functions under the National Health Service Act 1977(3), F9 ...

(ii) in an NHS trust(4) [F10 , or

(iii) in a Local Health Board;]

(e) it is a university;

(f) it is an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992(5); or

(g) it is a school.

[F11 (h) all the persons who are accommodated in the home are the subject of adult placement agreements which comply with the provisions of the Adult Placement Schemes (Wales) Regulations 2004 or, where regulations made in England apply to an adult placement agreement, with the provisions of those regulations.]

(2) For the purposes of paragraph (1), “university” includes—

(a) any university college;

(b) any college, or institution in the nature of a college, of a university.

(3) The exception in paragraph (1)(d) does not apply if—

(a) the establishment provides accommodation together with nursing or personal care to any person; and

(b) the number of such persons is more than a tenth of the number of students to whom it provides both education and accommodation.

Textual Amendments

F9 Word in reg. 3(1)(d)(i) deleted (1.10.2009) by The National Health Service (Restructuring of National Health Service Bodies: Consequential Amendments) (Wales) Order 2009 (S.I. 2009/1824), reg. 1(1), Sch. para. 5(2)(a)

F10 Word in reg. 3(1)(d)(ii) substituted for reg. 3(1)(d)(iii) and word (1.10.2009) by The National Health Service (Restructuring of National Health Service Bodies: Consequential Amendments) (Wales) Order 2009 (S.I. 2009/1824), reg. 1(1), Sch. para. 5(2)(b)

F11 Reg. 3(1)(h) added (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), regs. 1(1), 37

Commencement Information

I3 Reg. 3 in force at 1.4.2002, see reg. 1(1)

Statement of purpose E+W

4.—(1) The registered person shall compile in relation to the care home a written statement (in these Regulations referred to as “the statement of purpose” (“y datganiad o ddiben”)) which shall consist of—

(a) a statement of the aims and objectives of the care home;

(b) a statement as to the facilities and services which are to be provided by the registered person for service users; and

(c) a statement as to the matters listed in Schedule 1.

(2) The registered person shall provide a copy of the statement of purpose to the appropriate office of the National Assembly and shall make it available upon request for inspection at any reasonable time by any service user and any representative of a service user.

(3) Nothing in regulation 16(1) or 24(1) shall require or authorise the registered person to contravene, or not to comply with—

(a) any other provision of these Regulations; or

(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act.

Commencement Information

I4 Reg. 4 in force at 1.4.2002, see reg. 1(1)

Service user’s guide E+W

5.—(1) The registered person shall produce a written guide to the care home (in these Regulations referred to as “the service user’s guide” (“yr arweiniad defnyddiwr gwasanaeth”)) which shall include—

(a) a summary of the statement of purpose;

(b) the terms and conditions in respect of accommodation to be provided for service users, including as to the amount and method of payment of fees;

(c) a standard form of contract for the provision of services and facilities by the registered provider to service users;

(d) either a summary of the most recent inspection report or a copy of that report;

(e) a summary of the complaints procedure established under regulation 23;

(f) the address and telephone number of the appropriate office of the National Assembly.

(2) The registered person shall—

(a) provide a copy of the first service user’s guide to the appropriate office of the National Assembly;

(b) provide a copy of the current version of the service user’s guide to each service user when first accommodated in the home; F12 ...

(c) subsequent to the provision described in sub-paragraph (b) provide further copies at the request of the service user[F13 ;]

[F14 (d) where a person other than a service user or the National Assembly requests a copy of the service user’s guide—

(i) make a copy of the current version of the guide available for inspection by that person at the care home; or

(ii) provide such a copy to that person.]

(3) Where a local authority has made arrangements for the provision of accommodation, nursing or personal care to the service user at the care home, the registered person shall supply to the service user a copy of the agreement specifying the arrangements made.

(4) In this regulation “most recent inspection report” includes a report produced prior to the coming into force of these regulations.

Textual Amendments

F12 Word in reg. 5(2)(b) omitted (7.4.2003) by virtue of The Care Homes (Wales) (Amendment No.2) Regulations 2003 (S.I. 2003/1004), regs. 1(1), 2(2)(a)

F13 Reg. 5(2)(c): semi-colon substituted for full stop (7.4.2003) by The Care Homes (Wales) (Amendment No.2) Regulations 2003 (S.I. 2003/1004), regs. 1(1), 2(2)(b)

F14 Reg. 5(2)(d) inserted (7.4.2003) by The Care Homes (Wales) (Amendment No.2) Regulations 2003 (S.I. 2003/1004), regs. 1(1), 2(2)(c)

Commencement Information

I5 Reg. 5 in force at 1.4.2002, see reg. 1(1)

[F15 Information about fees E+W

5A.— (1) The registered person shall provide to each service user a statement as to—

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

(i) accommodation, including the provision of food;

(ii) nursing;

(iii) personal care;

(b) the facilities and services for which the fees referred to in sub-paragraph (a) are payable; and

(c) the method of payment of the fees and the person by whom the fees are payable.

(2) In the case of a service user whose accommodation begins after 7th April 2003, the statement referred to in paragraph (1) shall be provided on or before the day on which he or she becomes a service user.

(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 (1)(a);

(b) any variation in the matters referred to in paragraph (1)(b) and (c).

(4) Subject to paragraph (5)—

(a) where a Health Authority or Local Health Board has informed the registered person that it has decided to make a payment to the registered person in respect of nursing provided (or to be provided) to a service user, the registered person shall inform the service user as to that decision as soon as is reasonably practicable;

(b) where a Local Health Board makes such a payment, the registered person shall provide to the service user a statement as to the date and amount of the payment.

(5) References in paragraph (4) to a payment do not include a payment where—

(a) the Health Authority or Local Health Board has made arrangements with the care home for the provision of accommodation to the service user; and

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

Textual Amendments

F15 Reg. 5A inserted (7.4.2003) byThe Care Homes (Wales) (Amendment No.2) Regulations 2003 (S.I. 2003/1004), regs. 1(1), 2(3)

Review of statement of purpose and service user’s guide E+W

6.—(1) The registered person shall—

(a) keep under review and, subject to compliance with paragraph (2), where appropriate, revise the statement of purpose and the service user’s guide; and

(b) if the service user’s guide is revised, supply a revised copy to each service user.

(2) The registered person shall, whenever practicable, notify the appropriate office of the National Assembly of any revision to be made to the statement of purpose at least 28 days before it is to take effect.

Commencement Information

I6 Reg. 6 in force at 1.4.2002, see reg. 1(1)

(1)

1989 c. 41.

(2)

1999 c. 8.

(3)

1977 c. 49.

(4)

See section 5 of the NHS and Community Care Act 1990 (c. 19) as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and section 13(1) of the Health Act 1999(c. 8).

(5)

1992 c. 13.