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Statutory Rules of Northern Ireland

2005 No. 182

HEALTH AND PERSONAL SOCIAL SERVICES

The Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005

Made

30th March 2005

Coming into operation

1st April 2005

The Department of Health Social Services and Public Safety, in exercise of the powers conferred on it by Articles 6(1)(e), 13(2), 16(3) and (5), 17(3), 40(7) and 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(1), and of all other powers enabling it on that behalf, hereby makes the following Regulations:

PART IN.I.GENERAL

Citation, commencement and applicationN.I.

1.  These Regulations may be cited as the Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Commencement Information

I1Reg. 1 in operation at 1.4.2005, see reg. 1

InterpretationN.I.

2.—(1) In these Regulations –

[F1“approved place” means in relation to an establishment, a bed provided for the use of a service user at night or a dental practitioner’s chair used for the purposes of the provision of dental treatment;]

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“the 1971 Act” means the Nursing Homes and Nursing Agencies (Northern Ireland) Act 1971(2);

“the 1992 Order” means the Registered Homes (Northern Ireland) Order 1992(3);

“the 1995 Order” means the Children (Northern Ireland) Order 1995(4);

“certificate” means a certificate of registration;

“the Commencement No. 3 Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Commencement No. 3 and Transitional Provisions) Order (Northern Ireland) 2005(5);

“existing provider” means –

(a)

a person who immediately before 1st April 2005 –

(i)

was registered under Part II of the 1992 Order in respect of a residential care home;

(ii)

was registered under Part III of the 1992 Order in respect of a nursing home;

(iii)

carried on a children’s home that was registered in a register kept for the purposes of Articles 79 and 95 of the 1995 Order; or

(b)

a nursing agency provider;

“new provider” means a person who carries on an establishment or agency for the first time after 1st April 2005;

“nursing agency provider” means a person –

(a)

who, immediately before 1st April 2005, carried on an agency for the supply of nurses within the meaning of the 1971 Act; and

(b)

was the holder of –

(i)

a valid licence which had been granted to him by the Department under section 12 of that Act and which authorised him to carry on that agency from premises specified in the licence; or

(ii)

a licence which would have ceased to be valid on 31st December 2005 by virtue of section 14 of the 1971 Act but which continued to be treated as valid by virtue of Article 4 of the Commencement No. 3 Order;

“previously exempt provider” means a provider –

(a)

who, immediately before 1st April 2005, carried on an establishment other than –

(i)

a residential care home or nursing home in respect of which a person was required to be registered under Part II or Part III of the 1992 Order;

(ii)

a children’s home that was required to be registered in a register kept for the purposes of Articles 79 and 95 of the 1995 Order; or

(b)

who, immediately before 1st April 2005, carried on an agency, other than an agency for the supply of nurses within the meaning of the 1971 Act, which the person was authorised to carry on from those premises under a licence granted to him under section 12 of that Act;

“registered manager” in relation to an establishment or agency means a person who is registered under Part III of the Order as the manager of the establishment or agency;

“registered person” means any person who is the registered provider or registered manager in respect of an establishment or agency;

“registered provider” in relation to an establishment or agency means a person who is registered under Part III of the Order as the person carrying on the establishment or agency;

“service user” means any person who is to be provided with accommodation or services in an establishment, or by an agency, but excludes registered persons or persons employed or intended to be employed in an establishment or by an agency, and their relatives;

“small agency” means a nursing agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;

[F2“small establishment” means an establishment, other than an independent hospital, which has less than four approved places.]

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 1.4.2005, see reg. 1

PART IIN.I.FEES

Registration feesN.I.

3.—(1) For the purposes of Article 13(2) of the Order, and, subject to paragraph (2), the fee to accompany –

(a)an application by a person seeking to be registered under Part III of the Order as a person who carries on an establishment or agency, other than a nursing agency, shall be £952;

(b)an application by a person seeking to be registered under Part III of the Order as a person who carries on a nursing agency, shall be £30;

[F3(c)an application by a person seeking to be registered under Part III of the Order as a person who carries on an establishment or agency which is a domiciliary care agency, a day care setting, a residential family centre or an adult placement agency shall be nil;]

[F4(d)an application by a person seeking to be registered under Part III of the Order as a person who carries on an agency, which is a voluntary adoption agency, shall be nil.]

(2) Where the establishment is a small establishment or the agency is a small agency the fee shall be –

(a)in the case of an application referred to in paragraph (1)(a), £261; and

(b)in the case of an application referred to in paragraph (1)(b), £30 .

[F5(c)in the case of an application referred to in paragraph (1)(c), nil]

[F6(d)in the case of an application referred to in paragraph (1) (d), nil.]

(3) For the purposes of Article 13(2) of the Order the fee to accompany an application by a person seeking to be registered under Part III of the Order as a person who manages an establishment or agency other than a small establishment or a small agency –

(a)in respect of an establishment or agency other than a nursing agency, shall be £261;

(b)in respect of a nursing agency, shall be £30.

[F7(c)in respect of a domiciliary care agency, a day care setting, a residential family centre or an adult placement agency, shall be nil]

[F8(d)in respect of a voluntary adoption agency, shall be nil.]

Textual Amendments

Commencement Information

I3Reg. 3 in operation at 1.4.2005, see reg. 1

Variation feesN.I.

4.—(1) For the purposes of Article 16(3) of the Order, the fee to accompany an application by the registered provider under Article 16(1)(a) of the Order (“the variation fee”) shall, subject to paragraphs (2) and (3), be –

(a)in respect of an establishment or agency other than a nursing agency, £100;

(b)in respect of a nursing agency, £15.

[F9(c)in the case of a domiciliary care agency, a day care setting, a residential family centre or an adult placement agency, nil.]

[F10(d)in the case of a voluntary adoption agency, nil.]

(2) Where the establishment is a small establishment or the agency is a small agency the fee shall be –

(a)in the case of an application referred to in paragraph (1)(a), £50;

(b)in the case of an application referred to in paragraph (1)(b), £5.

[F11(c)in the case of an application referred to in paragraph (1) (c), nil.]

[F12(d)in the case of an application referred to in paragraph (1) (d), nil.]

(3) In a case where the variation of a condition is a minor variation, the variation fee shall be –

(a)in the case of an application referred to in paragraph (1)(a), £25; and

(b)in the case of an application referred to in paragraph (1)(b), £5.

[F13(c)in the case of an application referred to in paragraph (1) (c), nil]

[F14(d)in the case of an application referred to in paragraph (1) (d), nil.]

(4) For the purposes of paragraph (3) a “minor variation” is a variation which, in the opinion of the [F15RQIA], if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the Registration and Improvement Authority in accordance with regulations made under article 12(3) of the Order.

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 1.4.2005, see reg. 1

Annual feesN.I.

5.—(1) [F16Subject to paragraphs (2) and (3)], the registered provider, in respect of an establishment or agency, specified in column (1) of the Table below shall pay an annual fee and –

(a)the amount of the annual fee shall be –

(i)in a case where no amount is specified in column (3) the amount specified in column (2);

[F17(ii)in any other case, the amount specified in column (3), multiplied by the number of approved places; and]

(b)shall be payable for the year beginning 1st April 2005 and subsequent years in accordance with column (4).

[F18Column (1)Column (2)Column (3)Column (4)
Establishment, agencyAmount payableAmount payable for each approved placeAnnual fee due on

Residential Care Home;

Nursing Home;

£46

£46

(a)in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order or the 1995 Order and thereafter on that date;

Children’s Home.£46

(b)in the case of a previously exempt provider, registered from 1st April 2005, in accordance with Articles 4 to 7 of the Commencement No. 3 Order, on the anniversary of that date and thereafter on that date;

(c)in the case of a new provider, on the anniversary of the date on which the registration certificate was issued and thereafter on that date.

Nursing agency£15—

(a)in the case of an existing provider, on the anniversary of the date on which the licence was first issued under the 1971 Act and thereafter on the anniversary of that date;

(b)in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Independent Hospital£46

(a)in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date;

(b)in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Independent Clinic£215—

(a)in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date;

(c)in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Independent Medical Agency£215—on the anniversary of the date on which the registration certificate is issued and thereafter on that date
Domiciliary Care AgencyNilNil
Day Care SettingNilNil
Residential Family CentreNilNil
Adult Placement AgencyNilNil
[F19Voluntary Adoption Agency NilNil]]

Small Establishments

(2) In the case of a residential care home, or nursing home which is a small establishment, the annual fee shall be £34.

Small Nursing Agencies

(3) In the case of a nursing agency which is a small agency, the annual fee payable shall be £15.

Textual Amendments

Commencement Information

I5Reg. 5 in operation at 1.4.2005, see reg. 1

PART IIIN.I.FREQUENCY OF INSPECTIONS

Frequency of inspectionsN.I.

6.—(1) Subject to [F20paragraphs (2) to (5B)], the [F15RQIA] shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected –

(a)in the case of a residential care home, nursing home or children’s home, a minimum of twice in every 12 month period; F21...

[F22(aa)in the case of an independent hospital where the treatment provided includes dental treatment under general anaesthesia or sedation, a minimum of once in every 24 month period; and]

(b)in any other case, a minimum of once in every 12 month period.

(2) Where a residential care home, nursing home or children’s home has been registered for the first time, in accordance with provisions contained in Articles 4 to 7 of the Commencement No. 3 Order, no further inspection shall be required in the 12 month period between 1st April 2005 and 31st March 2006.

(3) In the case of an establishment or agency, carried on by a person other than an existing provider, which is a residential care home, nursing home or a children’s home and in respect of which a person is registered for the first time –

(a)between 1st April and 30th September in a 12 month period, only one inspection is to be carried out in that period;

(b)between 1st October and 31st March in a 12 month period, no inspection shall be required in that period.

(4) In the case of an establishment or agency, carried on by a person other than an existing provider or a home mentioned in paragraph (3), in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.

(5) Any inspection referred to in paragraphs (1) or (3) may be unannounced.

[F23(5A) (a) An establishment or agency whose premises are used as a domiciliary care agency, a day care setting, a residential family centre or an adult placement agency shall be inspected, subject to sub-paragraph (2), on a minimum of once in every twelve month period.

(b)In the case of an establishment or agency in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.]

[F24(5B) An agency, whose premises are used as a voluntary adoption agency, shall be inspected, on a minimum of once every 3 years]

(6) In this regulation “12 month period” means a period commencing on and including 1st April in any year and ending on 31st March in the following year [F25and “24 month period” means a period commencing on and including 1st April in any year and ending on 31st March 2 years later.]

Textual Amendments

Commencement Information

I6Reg. 6 in operation at 1.4.2005, see reg. 1

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 30th March 2005.

L.S.

Noel McCann

Senior Officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prescribe the fees that are to be paid to the Health and Personal Social Services Regulation and Improvement Authority by establishments and agencies regulated from 1st April 2005 under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (Residential Care Homes, Nursing Homes, Childrens Homes, Independent Hospitals and Clinics and Nursing Agencies). The fees are payable –

(a)on an application for registration in respect of an establishment or agency (regulation 3); and

(b)on an application for the variation or removal of any condition for the time being in force in relation to the registration (regulation 4).

These fees are largely based upon charges currently applied prior to 1st April 2005 to certain establishments and agencies, although there are variations. The Department of Health, Social Services and Public Safety intends to review these fees within the first year of the operation of HPSSRIA.

In addition, regulation 5 prescribes the annual fee that is to be paid in respect of certain establishments and agencies. Regulation 6 prescribes the frequency of inspections of premises used for the purposes of certain establishments and agencies.