The Residential Care Homes (Amendment) Regulations 1988

Statutory Instruments

1988 No. 1192

SOCIAL WELFARE SERVICES

The Residential Care Homes (Amendment) Regulations 1988

Made

11th July 1988

Laid before Parliament

11th July 1988

Coming into force

1st August 1988

The Secretary of State for Social Services, in exercise of the powers conferred on him by sections 5(1), 8, 16(1) and (2) and 17(4) of the Registered Homes Act 1984(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Residential Care Homes (Amendment) Regulations 1988 and shall come into force on 1st August 1988.

(2) In these Regulations “the principal Regulations” means the Residential Care Homes Regulations 1984(2).

Amendment of regulation 3 of the principal Regulations

2.  In regulation 3 of the principal Regulations (fees on application for registration)—

(a) in paragraph (1)(a) for the reference to “£100” there shall be substituted a reference to “£155”;

(b) in paragraph 1(b) for the reference to “£550” there shall be substituted a reference to “£570”;

(c) in paragraph (2) the words “if there are no substantial changes to be made to the home” shall be omitted and for the reference to “£350” there shall be substituted a reference to “£570”.

Amendment of regulation 5 of the principal Regulations

3.  In regulation 5(1) of the principal Regulations (annual fee) for the reference to “£15” there shall be substituted a reference to “£28”.

Amendment of regulation 9 of the principal Regulations

4.  In regulation 9 of the principal Regulations (conduct of homes) after paragraph (3) there shall be inserted the following paragraph—

“(4) The person registered shall ensure that corporal punishment is not used as a sanction in relation to any child in the home.”.

Amendment of regulation 18 of the principal Regulations

5.  In regulation 18(1) of the principal Regulations (inspection of homes) for the word “once” there shall be substituted the word “twice”.

Amendment of Schedule 2 to the principal Regulations

6.  In paragraph 17 of Schedule 2 (Records to be kept in a home) of the principal Regulations after the words “deposited by a resident for safekeeping” there shall be inserted the words “or received on the resident’s behalf” and after the words “valuables were deposited” there shall be inserted the words “or received”.

Signed by authority of the Secretary of State for Social Services.

Tony Newton

Minister of State,

Department of Health and Social Security

11th July 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Residential Care Homes Regulations 1984. They increase the registration fees payable on applications by managers of homes from £100 to £155, on applications by persons in control of homes from £550 to £570 and on applications on changes of ownership to £570 (regulation 2). They increase the annual fee payable from £15 to £28 multiplied by the maximum number of persons in the home (regulation 3).

In addition they prohibit corporal punishment as a sanction in relation to children in the homes (regulation 4); they increase the minimum number of inspections from one a year to two (regulation 5) and they require records to be kept of money or valuables received on behalf of residents (regulation 6).

(1)

1984 c. 23.

(2)

S.I. 1984/1345, as amended by S.I. 1986/457.