The Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002

Transitory provision about room sizes in 1984 Act homes

3.—(1) This paragraph applies where by virtue of paragraph 6(3) an existing registered provider of a 1984 Act home is treated as having been granted registration for the purposes of Part II of the 2000 Act in respect of a care home (in this paragraph referred to as “the registered person”).

(2) Where this paragraph applies, the registration which the registered person is treated as having been granted shall have effect as if, for the period beginning with the date on which the person is treated as having applied for and been granted registration for the purposes of Part II of the 2000 Act in accordance with paragraph (6)(3) and ending on 31st March 2007—

(a) it is conditional on the condition specified in sub-paragraph (3); and

(b) for the purposes of section 19(1) of the 2000 Act the condition had been agreed in writing between the registered person and the National Assembly.

(3) The specified condition is that the registered person shall not make available for use by a service user as a private room any room—

(a) in respect of which the authority in respect of the home notified the registered person that it was of insufficient size to be used as a private room for the accommodation of any resident; or

(b) which was not used as a private room for a period of at least seven days in the twelve months preceding 1st April 2002, unless the authority in respect of the home notified the registered person that the authority approved the use of the room for the accommodation of any resident.

(4) In sub-paragraph (3)—

“service user” means any person in the care home who is in need of nursing or personal care by reason of disability, infirmity, past or present illness, past or present mental disorder or past or present dependence on alcohol or drugs;

“resident” means a person who—

(a)

in the case of a care home in respect of which any person was immediately before 1st April 2002 registered under Part I of the 1984 Act, was for the purposes of the Residential Care Homes Regulations 1984(1) a resident of the home; or

(b)

in the case of a care home in respect of which any person was immediately before 1st April 2002 registered under Part II of the 1984 Act, was for the purposes of the Nursing Homes and Mental Nursing Homes Regulations 1984(2) a patient in the home.

(5) Sub-paragraphs (2) and (3) shall be without prejudice—

(a) to any other conditions to which the registration of the registered person for the purposes of Part II of the 2000 Act is subject, or which under this Order have effect as if they were such conditions; and

(b) to the powers of the National Assembly to vary, remove or impose any conditions in accordance with Part II of the 2000 Act.

(1)

S.I. 1984/1345

(2)

S.I. 1984/1578