The National Care Standards Commission (Registration) Regulations 2001

UK Statutory Instrument 2001 No. 3969 — creates 1 criminal offence.

1offences created

0recorded in force

1revoked

Made: 11 December 2001
In force from: 1 January 2002
Extent: Not stated
Subject: Alcohol licensing, gambling, smoke-free and public health
Made under: Care Standards Act 2000

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under the Care Standards Act 2000 (“the Act ”) and apply to England only. Part I of the Act establishes, in relation to England, the National Care Standards Commission (“the Commission”). Part II provides for the registration and inspection by the Commission of the following descriptions of establishments and agencies: children’s homes, independent hospitals, independent hospitals in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983, independent clinics and independent medical agencies and care homes (sections 1 to 3 of the Act); and residential family centres, domiciliary care agencies, fostering agencies, nurses agencies and voluntary adoption agencies (section 4 of the Act). These Regulations make provision in relation to the registration of the establishments and agencies referred to above, except for voluntary adoption agencies, for which the relevant provisions of the Act are not in force. Under Part II of the Act, the Commission has the function of granting or refusing applications for registration under the Act. It may grant registration subject to conditions and may vary or remove any condition or impose an additional condition. It also has power to cancel registration. Regulations 3 and 4 of, and Schedules 1 to 6 to, these Regulations specify the information and documents that are to be provided by an applicant for registration. Regulation 5 requires the responsible person to attend an interview. Regulations 6 and 7 require the applicant to give notice of certain changes that take place, or details of staff engaged, after the application for registration is made and before it is determined. Regulation 8 requires the Commission to keep a register in respect of each description of establishment or agency. It provides, together with Schedule 7, for the information that each register is to contain. Regulation 9 specifies the particulars that any certificate of registration is to contain. Regulation 10 requires a person who is registered in respect of an establishment or agency to return the certificate to the Commission if the registration is cancelled. Failure to comply with that requirement is an offence under regulation 11. Regulation 12 makes provision in respect of an application by the registered person to apply for the variation or removal of a condition in relation to his registration. Regulation 13 requires the registered person to report the relevant circumstances to the Commission if it appears that the establishment or agency is likely to cease to be financially viable. Regulation 14 specifies certain grounds on which the Commission may cancel a person’s registration. Other grounds on which registration may be cancelled are specified by section 14 of the Act. Regulation 15 provides for the registered person to apply for his registration to be cancelled.

Offences created by this instrument

A failure to comply with regulation 10 shall be an offence regulation 11(1) · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Delegated Legislation Commons · Commons Chamber · 9 January 2002
Ordered, That the Care Home Regulations 2001 (S.I., 2001, No. 3965), a copy of which was laid before this House on 12th December 2001, be referred to a Standing Committee on Delegated Legislation. That the Private and Voluntary Health Care (England) Regulations 2001 (S.I., 2001, No. 3968), a copy of which was laid before this House on 12th December 2001, be referred to a Standing Committee on Delegated Legislation. That the National Care Standards Commission (Registration) Regulations 2001 (S.I., 2001, No. 3969), a copy of which was laid before this House on 12th December 2001, be referred…

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