The National Care Standards Commission (Fees and Frequency of Inspections) Amendment (No. 3) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations (which apply only to establishments and agencies subject to registration under the Care Standards Act 2000 situated in England), make further amendments to the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 (“the Regulations”) in consequence of the registration of nurses agencies, domiciliary care agencies and residential family centres under Part II of that Act being deferred until 1st April 2003.

The Regulations—

• amend regulation 2 (interpretation), so that a “new provider”, in the case of a residential family centre, a nurses agency or a domiciliary care agency will be a person who carries on such an establishment or agency for the first time on or after 1st April 2003 and not 1st January 2003;

• amend regulation 3(3)(a) (registration fees) so that where an application for registration is made by a person who manages an existing undertaking which is a licensed nurses agency, then provided that that application is made before 1st April 2003, no registration fee will be payable;

• amend regulation 5 (annual fees), so that—

  (a)

  in the case of a nurses agency which is an existing provider the first annual fee is due on the anniversary of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid; and

  (b)

  in the case of a nurses agency provider to whom article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 applies then—

  where the licence referred to in article 4(1) was granted to the provider by the local authority between 1st January and 31st March 2001 the first annual fee is payable on the date on or after 1st April 2003 on which the certificate is issued; and

  • where the licence referred to in article 4(1) is granted to the provider by the local authority between 1st April 2001 and 31st December 2001, the first annual fee is payable in two instalments, i.e. £122 on the date on or after 1st April 2003 on which the certificate is issued, and £500 on the anniversary first occurring after 1st April 2003 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid;

• make a consequential amendment to regulation 6(5) (frequency of inspections).