The Care Homes (Adult Placements) (Amendment) Regulations 2003

Publication Date:January 01, 2003

2003No. 1845

SOCIAL CARE, ENGLAND

The Care Homes (Adult Placements) (Amendment) Regulations 2003

16thJuly2003

17thJuly2003

1stAugust2003

The Secretary of State, in exercise of the powers conferred upon him by sections 3(3), 12(2), 22(1), (2)(d) and (7)(a), (c) and (d) and 118(5) and (6) of the Care Standards Act 2000( 1), and of all other powers enabling him in that behalf, having consulted such persons as he considers appropriate( 2), hereby makes the following Regulations: -

Citation, commencement, interpretation and application

1. - (1) These Regulations may be cited as the Care Homes (Adult Placements) (Amendment) Regulations 2003 and shall come into force on 1st August 2003.

(2) In these Regulations -

(a) "the principal Regulations" means the Care Homes Regulations 2001( 3); and(b) "the Registration Regulations" means the National Care Standards Commission (Registration) Regulations 2001( 4).

(3) These Regulations apply to England only.

Amendment of regulation 3 of the principal Regulations

2. - (1) Regulation 3 of the principal Regulations (excepted establishments) is amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) -

(a) at the end of sub-paragraph (d), the word "or" is omitted;(b) in sub-paragraph (e), for the word "school." substitute "school; or"; and(c) after sub-paragraph (e) insert -

" (f) it does not provide accommodation except -

(i) for a period or periods which do not exceed 28 days in aggregate during any period of 12 months; and(ii) for not more than 3 persons at any one time who fall within section 3(2) of the Act;(g) it provides accommodation solely for a person (or persons) who - (i) was placed with a local authority foster parent ("the carer") under the Children Act 1989( 5);(ii) remained in that placement for a period of not less than 5 years immediately prior to his 18th birthday; and(iii) continues to live with the carer after his 18th birthday.".

Amendment of regulation 45 of the principal Regulations

3. - (1) Regulation 45 of the principal Regulations (adult placements) is amended in accordance with the following provisions of this regulation.

(2) In paragraph (1), for the words "regulation 46" substitute "regulations 46 and 47".

(3) In paragraph (2), after the words "In this regulation" insert "and in regulation 47".

Amendment of regulation 46 of the principal Regulations

4. Regulation 46 of the principal Regulations (modification of regulations in respect of adult placement carers) is amended as follows -

(a) paragraph (8) is omitted; and(b) for paragraph (9) substitute -

" (9) Schedule 4 (other records to be kept in a care home) shall have effect as if paragraphs 1 to 7, 13 and 14 were omitted.".

Modification of the principal Regulations

5. After regulation 46 of the principal Regulations (modification of regulations in respect of adult placement carers), insert -

"Modification of regulations in respect of adult placement carer providing short term break for service user

47. - (1) The following provisions of this regulation shall apply where an adult placement carer in respect of a care home is providing a short term break for a service user.

(2) Regulation 13 (further requirements as to health and welfare) shall have effect as if -

(a) in paragraph (1), at the beginning, the words "Subject to paragraph (1A)," were inserted; and(b) after paragraph (1), the following paragraph was inserted -

" (1A) Where the registered provider is an adult placement carer in respect of a...

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