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The Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015

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18.—(1) In this Part—

“certificate” means a certificate of registration issued under section 13(4)(1) of the Care Standards Act 2000 (grant or refusal of registration);

“existing provider” means a person who immediately before 1st April 2002—

(a)

was registered under Part 1 or 2 of the Registered Homes Act 1984(2) in respect of a residential care home or a nursing home;

(b)

carried on a home that was registered in a register kept for the purposes of section 60(3) of the Children Act 1989 (voluntary homes); or

(c)

carried on a home that was registered under Part 8 of that Act;

“new provider” means a person who—

(a)

carries on a children’s home and first carried on that home on or after 1st April 2002;

(b)

carries on a voluntary adoption agency and first carried on that agency on or after 30th April 2003;

“previously exempt provider” means a person who immediately before 1st April 2002 carried on an establishment other than—

(a)

a residential care home or nursing home in respect of which a person was required to be registered under Part 1 or 2 of the Registered Homes Act 1984;

(b)

a home that was required to be registered in a register kept for the purposes of section 60 of the Children Act 1989; or

(c)

a home that was registered under Part 8 of that Act.

(2) In this Part—

(a)regulation 19 applies for the purposes of section 87D(2) of the Children Act 1989;

(b)regulations 20 to 25 apply for the purposes of section 16(3) of the Care Standards Act 2000; and

(c)regulation 26 applies for the purposes of section 155(1) and (2) of the Education and Inspections Act 2006.

(1)

Section 13(4) was applied to a person who carries on or manages a holiday scheme for disabled children by regulations 35 and 39 of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), with the modifications specified at paragraph 3 of Schedule 7 to those Regulations and in accordance with the transitional provision specified at Schedule 10 to those Regulations.

(2)

1984 c.23. The Registered Homes Act 1984 was repealed by Schedule 6 to the Care Standards Act 2000. Section 1 defined “residential care home” and section 21 defined “nursing home”.

(3)

Section 60 has since been amended by paragraph 14(9) of Schedule 4, and Schedule 6, to the Care Standards Act 2000.

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