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5.—(1) The Adult Placement Schemes (England) Regulations 2004(1)are amended in accordance with the following provisions of this regulation.
(2) In regulation 2 (interpretation), after the definition of “relative”, insert—
““representative” means, in relation to a service user, a person, other than the registered person or a person employed by the scheme, who with the service user’s express or implied consent, takes an interest in the service user’s health and welfare;”.
(3) For regulation 24 (review of quality of scheme’s operations), substitute—
24.—(1) The registered person shall establish and maintain a system for evaluating the quality of the services which are provided under the scheme.
(2) At the request of the Commission, the registered person shall supply to it a report, based upon the system referred to in paragraph (1), which describes the extent to which, in the reasonable opinion of the registered person—
(a)good quality services for service users are provided under the scheme;
(b)the views of service users and their representatives are taken into account in deciding—
(i)what services to offer to them under the scheme; and
(ii)the manner in which such services are to be provided; and
(c)recommendations made or requirements imposed by the Commission in relation to the scheme over the period specified in the request have received a response.
(3) The report referred to in paragraph (2) shall be supplied to the Commission within one month of receipt of the request referred to in that paragraph, and in the form and manner required by the Commission.
(4) The report shall also contain details of the measures that the registered person considers it necessary to take in order to improve the quality and delivery of the services which are provided under the scheme.
(5) The system referred to in paragraph (1) shall provide for consultation with service users and their representatives.”.
(4) After regulation 24, insert—
24A.—(1) If requested to do so by the Commission, the registered person shall produce a plan (the improvement plan) setting out the methods by which, and the timetable to which, the registered person intends to improve the services which are provided under the scheme.
(2) The registered person shall provide a written copy of the improvement plan to the Commission within one month of receipt of the request referred to in paragraph (1).
(3) A copy of the plan shall be made available to—
(a)the scheme’s adult placement carers; and
(b)service users and their representatives.”.
S.I. 2004/2071.
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