Search Legislation

Care Standards Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Care Standards Act 2000, Section 22 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

22 Regulation of establishments and agencies.E+W

This section has no associated Explanatory Notes

(1)Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and —

(a)regulations made by the Secretary of State may in particular make any provision such as is mentioned in subsection (1A), (2), (7) or (8), and

(b)regulations made by the Welsh Ministers—

(i)may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and

(ii)may in particular make any provision such as is mentioned in subsection (2) [F1or (7) in so far as relevant to those establishments and agencies.]

[F2(1A)Regulations made by the Secretary of State may prescribe objectives and standards which must be met in relation to an establishment or agency for which the CIECSS is the registration authority.]

(2)Regulations may—

(a)make provision as to the persons who are fit to carry on or manage an establishment or agency;

(b)make provision as to the persons who are fit to work at an establishment or for the purposes of an agency;

(c)make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency;

(d)make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency;

(e)make provision for securing the welfare of children placed, under section 22C of the 1989 Act F3..., by a fostering agency;

(f)make provision as to the management and control of the operations of an establishment or agency;

(g)make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency;

(h)make provision as to the management and training of such persons;

(i)impose requirements as to the financial position of an establishment or agency;

(j)make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Regulations under paragraph (d) of subsection (2) may, in particular, make provision—

(a)as to the promotion and protection of the health of persons such as are mentioned in that paragraph;

(b)as to the control and restraint of adults accommodated in, or provided with services by, an establishment;

(c)as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.

(6)Regulations under paragraph (e) of subsection (2) may, in particular, make provision—

(a)as to the promotion and protection of the health of children such as are mentioned in that paragraph;

(b)as to the control, restraint and discipline of such children.

(7)Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular—

(a)make provision as to the facilities and services to be provided in establishments and by agencies;

(b)make provision as to the keeping of accounts;

(c)make provision as to the keeping of documents and records;

(d)make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies;

(e)make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice;

(f)provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it;

(g)make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on;

(h)make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers;

(i)make provision requiring the payment [F5, in respect of any notification required to be made by virtue of paragraph (h), of [F6 a fee of the prescribed amount;]]

(j)make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements;

(k)make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards;

(l)make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.

F7(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Regulations may make provision—

(a)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)imposing other requirements (in addition to those imposed by section 25 of the 1989 Act F9... (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose [F10of restricting liberty], including a requirement to obtain the permission of any local authority who are looking after the child;

(c)as to the facilities which are to be provided for giving religious instruction to children in children’s homes.

(9)Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.

(10)References in this section to agencies do not include references to voluntary adoption agencies [F11or adoption support agencies].

(11)In subsection (7)(k), “listed services” has the same meaning as in section 2.

Textual Amendments

F2S. 22(1A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 103(2), 139(4)

F5Words in s. 22(7)(i) substituted (20.11.2003 for certain purposes and 1.8.2006 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 105(7), 199; S.I. 2006/1680, art. 2(2)

F6Words in s. 22(7)(i) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 21; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F10Words in s. 22(8)(b) substituted (1.4.2006 for W. and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 107(2)(b), 199; S.I. 2005/3285, art. 2

Modifications etc. (not altering text)

Commencement Information

I1S. 22 wholly in force at 20.11.2001; s. 22 not in force at Royal Assent see s. 122; s. 22 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 22 in force for E. at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(c) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources