The Residential Care Homes and the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1998

Statutory Instruments

1998 No. 902

SOCIAL SERVICES, ENGLAND AND WALES

PUBLIC HEALTH, ENGLAND AND WALES

The Residential Care Homes and the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1998

Made

27th March 1998

Laid before Parliament

8th April 1998

Coming into force

1st May 1998

The Secretary of State for Health, in exercise of the powers conferred on him by sections 5(1), 8, 23(3)(b), 27 and 56(4) of the Residential Homes Act 1984(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Residential Care Homes and the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1998 and shall come into force on 1st May 1998.

Amendment of the Residential Care Homes Regulations 1984

2.—(1) The Residential Care Homes Regulations 1984(2) are amended as follows.

(2) In regulation 3 (registration fees)—

(a) in paragraph (1)(a), for “£230” substitute “£261”;

(b) in paragraph (1)(b), for “£840” substitute “£952”; and

(c) in paragraph (2), for “£230” substitute “£261”.

(3) In regulation 5 (annual fee)—

(a) in paragraph (2), for “£41” substitute “£46”;

(b) in paragraph (3), for “£30” substitute “£34”; and

(c) in paragraph (4), for “£610” substitute “£691”.

Amendment of the Nursing Homes and Mental Nursing Homes Regulations 1984

3.—(1) The Nursing Homes and Mental Nursing Homes Regulations 1984(3) are amended as follows.

(2) In Schedule 1 (fees to accompany applications)—

(a) in paragraph 1—

(i) the words “Subject to paragraph 2,” are omitted, and

(ii) for “£678” substitute “£952”; and

(b) paragraph (2) is omitted.

(3) In Schedule 3 (annual fees)—

(a) in paragraph 1, for “£22” substitute “£46”; and

(b) in paragraph 4, for “£190” substitute “£215”.

Revocations

4.  The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1990(4) and the Residential Care Homes (Amendment) Regulations 1992(5) are hereby revoked.

Signed by authority of the Secretary of State for Health

Paul Boateng

Parliamentary Under Secretary of State

Department of Health

27th March 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase the registration and annual fees payable under the Residential Care Homes Regulations 1984 and the Nursing Homes and Mental Nursing Homes Regulations 1984 in relation to, respectively, residential care homes and nursing and mental nursing homes. In the case of nursing and mental nursing homes, provision for a separate change of ownership fee is removed and the same fee will be payable for all applications whether on change of ownership or otherwise.

The Regulations revoke earlier regulations which are superseded by these Regulations.

(1)

1984 c. 23. The Registered Homes Act 1984 was amended by the Registered Homes (Amendment) Act 1991 (c. 20).

(2)

S.I. 1984/1345, amended by S.I. 1986/457, 1988/1192, 1991/2502, 1992/2007 (which partially revoked the earlier listed instruments) and 1992/2241.

(3)

S.I. 1984/1578. Relevant amending instruments are S.I. 1986/456, 1988/1191 and 1990/2164 (which revoked S.I. 1986/456 and partially revoked S.I. 1988/1191).

(4)

S.I. 1990/2164.

(5)

S.I. 1992/2007.