The Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (“the Order”) and apply to Northern Ireland only. Part II of the Order establishes, the Regulation and Improvement Authority. Part III provides for the registration and inspection by the Regulation and Improvement Authority of establishments and agencies. Article 8(1) and (2) of the Order has been commenced only in so far as it relates to:

• Residential Care homes

• Childrens Residential Care Homes

• Nursing Homes

• Nursing Agencies

• Indepent Hospitals, Clinics and Medical Agencies

The relevant provisions of the Order in relation to other establishments and agencies will come into force at a later stage.

Under Part III of the Order, the Regulation and Improvement Authority has the function of granting or refusing applications for registration under the Order. It may grant registration subject to conditions and may vary or remove any condition or impose an additional condition. It also has power to cancel registration.

Regulations 3 and 4 of, and Schedules 1 to 8 to, these Regulations specify the information and documents that are to be provided by an applicant for registration.

Regulation 5 requires the responsible person to attend an interview. Regulations 6 and 7 require the applicant to give notice of certain changes that take place, or details of staff engaged, after the application for registration is made and before it is determined.

Regulation 8 requires the Regulation and Improvement Authority to keep a register in respect of each description of establishment or agency. It provides, together with Schedule 8 for the information that each register is to contain.

Regulation 9 specifies the particulars that any certificate of registration is to contain.

Regulation 10 requires a person who is registered in respect of an establishment or agency to return the certificate to the Regulation and Improvement Authority if the registration is cancelled. Failure to comply with that requirement is an offence under regulation 11.

Regulation 12 makes provision in respect of an application by the registered person to apply for the variation or removal of a condition in relation to his registration.

Regulation 13 requires the registered person to report the relevant circumstances to the Regulation and Improvement Authority if it appears that the establishment or agency is likely to cease to be financially viable.

Regulation 14 specifies certain grounds on which the Regulation and Improvement Authority may cancel a person’s registration. Other grounds on which registration may be cancelled are specified by Article 15 of the Order.

Regulation 15 provides for the registered person to apply for his registration to be cancelled.