BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland


You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Nursing Homes Regulations (Northern Ireland) 2005 No. 160
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050160.html

[New search] [Help]



STATUTORY RULES OF NORTHERN IRELAND


2005 No. 160

HEALTH AND PERSONAL SOCIAL SERVICES

The Nursing Homes Regulations (Northern Ireland) 2005

  Made 23rd March 2005 
  Coming into operation 1st April 2005 


ARRANGEMENT OF REGULATIONS


PART I

GENERAL
1. Citation, commencement and extent
2. Interpretation
3. Statement of purpose
4. Patient's guide
5. Information about fees
6. Review of statement of purpose and patient's guide

PART II

REGISTERED PERSONS
7. Fitness of registered provider
8. Appointment of manager
9. Fitness of registered manager
10. Registered person: general requirements
11. Registered person: notification of offences

PART III

CONDUCT OF THE NURSING HOME
12. Requirements to ensure quality of nursing and other service provision
13. Health and welfare of patients
14. Further requirements as to health and welfare
15. Assessment of patients
16. Patient's plan
17. Review of quality of nursing and other service provision
18. Facilities and services
19. Records
20. Staffing
21. Fitness of workers
22. Restrictions on acting for patients
23. Staff views as to conduct of the nursing home
24. Complaints
25. Guidance for nurses and health care professionals
26. Clinical trials and research

PART IV

PREMISES
27. Fitness of premises

PART V

MANAGEMENT
28. Financial position
29. Visits by registered provider

PART VI

MISCELLANEOUS
30. Notification of death, illness and other events
31. Notice of absence
32. Notice of changes
33. Notice of termination of accommodation
34. Appointment of liquidators etc.
35. Death of registered person
36. Offences
37. Compliance with regulations
38. Revocations

SCHEDULES

  Schedule 1. Information to be included in the statement of purpose

  Schedule 2. Information and documents to be obtained in respect of persons, carrying on, managing or working at a nursing home

  Schedule 3. Records to be kept in a nursing home in respect of each patient

  Schedule 4. Other records to be kept in a nursing home

The Department of Health, Social Services and Public Safety in exercise of the powers conferred on it by Articles 23(1), (2)(a) to (d) and (f) to (j), (3), (5), (7)(a) to (h), (j) and (l), 25(1), 30, 31(1), 32 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 in that behalf, having consulted such persons as appropriate, as required by Article 23(8) of that Order, hereby makes the following Regulations:



PART I

GENERAL

Citation, commencement and extent
     1. These Regulations may be cited as the Nursing Homes Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Interpretation
    
2.  - (1) In these Regulations -

and for the purpose of determining any such relationship a person's step-child shall be treated as his child, and references to "spouse" in relation to any person include a former spouse and a person who is living with the person as husband or wife;

    (2) In these Regulations, references to employing a person include employing a person whether or not for payment and whether under a contract of service or a contract for services and allowing a person to work as a volunteer.

Statement of purpose
     3.  - (1) The registered person shall compile in relation to the nursing home a written statement which shall consist of -

    (2) The registered person shall supply a copy of the statement of purpose to the Regulation and Improvement Authority and shall make a copy of it available for inspection by every patient and any representative of a patient.

    (3) Nothing in regulation 18(1) or 27(1) shall require or authorise the registered person to contravene, or not to comply with -

Patient's guide
    
4.  - (1) The registered person shall produce a written guide to the nursing home which shall include -

    (2) The registered person shall also provide, on request, access to a copy of the most recent inspection report and information on how to access earlier inspection reports.

    (3) The registered person shall supply a copy of the patient's guide to the Regulation and Improvement Authority and each patient or their representative.

    (4) Where a HSS Trust has made arrangements for the provision of accommodation and nursing to the patient at the nursing home, the registered person shall supply to the patient a copy of the agreement specifying the arrangements made.

Information about fees
    
5.  - (1) The registered person shall provide to each patient, by not later than the day on which he becomes a patient, a statement specifying -

    (2) The registered person shall notify the patient at least 28 days in advance of -

    (3) Where a nursing contribution is paid in respect of nursing provided to the patient, the registered person shall provide to the patient a statement specifying -

    (4) In this regulation "nursing contribution" means a payment by a HSS Trust to the registered person in respect of nursing to be provided to a patient, but does not include a payment where -

Review of statement of purpose and patient's guide
    
6. The registered person shall -



PART II

REGISTERED PERSONS

Fitness of registered provider
    
7.  - (1) A person shall not carry on a nursing home unless he is fit to do so.

    (2) A person is not fit to carry on a nursing home unless the person -

    (3) The requirements are that -

    (4) A person shall not carry on a nursing home if -

Appointment of manager
    
8.  - (1) The registered provider shall appoint an individual to manage the nursing home where -

    (2) Where the registered provider appoints a person to manage the nursing home he shall forthwith give notice to the Regulation and Improvement Authority of -

Fitness of registered manager
    
9.  - (1) A person shall not manage a nursing home unless he is fit to do so.

    (2) A person is not fit to manage a nursing home unless -

Registered person: general requirements
    
10.  - (1) The registered provider and the registered manager shall, having regard to the size of the nursing home, the statement of purpose, and the number and needs of the patients, carry on or manage the nursing home (as the case may be) with sufficient care, competence and skill.

    (2) If the registered provider is -

from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the nursing home.

    (3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the nursing home.

Registered person: notification of offences
    
11. Where the registered person or the responsible individual is convicted of any criminal offence, in Northern Ireland or elsewhere, he shall forthwith give notice in writing to the Regulation and Improvement Authority of -



PART III

CONDUCT OF THE NURSING HOME

Requirements to ensure quality of nursing and other service provision
    
12.  - (1) The registered person shall provide treatment, and any other services to patients in accordance with the statement of purpose, and shall ensure that the treatment and other services provided to each patient -

    (2) The registered person shall ensure that all aids and equipment used in or for the purpose of the nursing home is -

    (3) The registered person shall ensure that -

    (4) The registered person shall ensure that food and fluids -

Health and welfare of patients
    
13.  - (1) The registered person shall ensure that the nursing home is conducted so as -

    (2) The registered person shall so far as practicable enable patients to make decisions with respect to the nursing they are to receive and their health and welfare.

    (3) The registered person shall, for the purpose of providing nursing to patients, and making proper provision for their health and welfare, so far as practicable, ascertain and take into account their wishes and feelings.

    (4) Subject to paragraph (5), the registered person shall make suitable arrangements for the ordering, storage, stock control, recording, handling, safe keeping, safe administration and disposal of medicines used in or for the purposes of the nursing home to ensure that -

    (5) Paragraph (4) does not apply to medicine which -

    (6) In this regulation, "prescribed" means -

    (7) The registered person shall make suitable arrangements to minimise the risk of infection and toxic conditions and the spread of infection between patients and staff.

    (8) The registered person shall make suitable arrangements to ensure that the nursing home is conducted -

    (9) The registered provider and registered manager (if any) shall, in relation to the conduct of the nursing home -

Further requirements as to health and welfare
     14.  - (1) The registered person shall make arrangements for patients -

    (2) The registered person shall ensure as far as reasonably practicable that -

    (3) The registered person shall make suitable arrangements to provide a safe system for moving and handling patients.

    (4) The registered person shall make arrangements, by training staff or by other measures, to prevent patients being harmed or suffering abuse or being placed at risk of harm or abuse.

    (5) The registered person shall ensure that no patient is subject to restraint unless restraint of the kind employed is the only practicable means of securing the welfare of that or any other patient and there are exceptional circumstances.

    (6) On any occasion on which a patient is subject to restraint, the registered person shall record the circumstances, including the nature of the restraint. These details should also be reported to the Regulation and Improvement Authority as soon as is practicable.

Assessment of patients
    
15.  - (1) The registered person shall not provide accommodation to a patient at the nursing home unless -

    (2) The registered person shall ensure that the assessment of the patient's needs is -

Patient's plan
    
16.  - (1) The registered person shall ensure that a written nursing plan is prepared by a nurse in consultation with the patient or patient's representative as to how the patient's needs in respect of his health and welfare are to be met.

    (2) The registered person shall ensure that -

Review of quality of nursing and other service provision
    
17.  - (1) The registered person shall introduce and ensure systems are maintained for reviewing at appropriate intervals the quality of nursing and other service provision in or for the purposes of the nursing home and that any such review is undertaken not less than annually.

    (2) The registered person shall supply to the Regulation and Improvement Authority a report in respect of any review conducted by him for the purpose of paragraph (1) and make a copy of the report available to patients.

    (3) The system referred to in paragraph (1) shall provide for consultation with patients and their representatives.

Facilities and services
    
18.  - (1) Subject to regulation 3(3), the registered person shall provide facilities and services to patients in accordance with the statement of purpose required by regulation 3(1)(b) in respect of the nursing home.

    (2) The registered person shall having regard to the size of the nursing home and the number and needs of patients -

    (3) The registered person shall ensure that so far as practicable patients have the opportunity to attend religious services of their choice.

Records
    
19.  - (1) The registered person shall -

    (2) The registered person shall maintain in the nursing home the records specified in Schedule 4.

    (3) The registered person shall ensure that the records referred to in paragraphs (1) and (2) -

    (4) The records referred to in paragraphs (1) and (2) shall be retained for not less than 6 years from the date of the last entry.

    (5) The registered person shall ensure that information about a patient's health and treatment is handled confidentially and is only disclosed to those persons who need to be aware of that information in order to treat the patient effectively or minimise any risk of the patient harming himself or another person, or for the purpose of the proper administration of the nursing home.

Staffing
    
20.  - (1) The registered person shall, having regard to the size of the nursing home, the statement of purpose and the number and needs of patients -

    (2) The registered person shall ensure that persons working at the nursing home are appropriately supervised.

    (3) The registered person shall ensure that at all times a nurse is working at the nursing home and that the registered manager carries out a competency and a capability assessment with any nurse who is given the responsibility of being in charge of the home for any period of time in his absence.

Fitness of workers
    
21.  - (1) The registered person shall not employ a person to work at the nursing home unless -

    (2) Paragraph 1 applies to a person who is employed by a person ("the employer") other than the registered person.

    (3) Paragraph 1 applies to a position in which a person may in the course of his duties have regular contact with patients at the nursing home.

    (4) The registered person shall not allow a person to whom paragraph (2) applies to work at the nursing home in a position to which paragraph (3) applies, unless -

    (5) For the purposes of paragraphs (1) and (4), a person is not fit to work at a nursing home unless -

    (6) The registered person shall ensure that all health care professionals are covered by appropriate professional indemnity.

Restrictions on acting for patients
    
22.  - (1) Subject to paragraph (2), the registered person shall not pay money belonging to any patient into a bank account unless -

    (2) Paragraph (1) does not apply to money which is paid to the registered person in respect of charges payable by a patient for accommodation or other services provided by the registered person at the nursing home.

    (3) The registered person shall ensure a record is kept of persons working at the nursing home acting as the appointee or agent of a patient.

Staff views as to conduct of the nursing home
    
23.  - (1) This regulation applies to any matter relating to the conduct of the nursing home so far as it may affect the health or welfare of patients.

    (2) The registered person shall make arrangements to enable staff to inform the registered person, and the Regulation and Improvement Authority, and the HSS Trust in the area of which the nursing home is situated, in confidence of their views about any matter to which this regulation applies.

Complaints
    
24.  - (1) The registered person shall establish a procedure ("the complaints procedure") for receiving, managing and responding to complaints made to the registered person by a patient or person acting on the patient's behalf.

    (2) The complaints procedure shall be appropriate to the needs of patients.

    (3) The registered person shall ensure that any complaint made under the complaints procedure is fully investigated.

    (4) The registered person shall, within 28 days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the investigative process, outcome and action (if any) that is to be taken.

    (5) The registered person shall supply a written copy of the complaints procedure to every patient and to any person acting on behalf of a patient.

    (6) Where a written copy of the complaints procedure is to be supplied in accordance with paragraph (5) to a person who is blind or whose vision is impaired, the registered person shall so far as it is practicable to do so supply, in addition to the written copy, a copy of the complaints procedure in a form which is suitable for that person.

    (7) The copy of the complaints procedure to be supplied in accordance with paragraph (5) shall include -

    (8) The registered person shall supply to the Regulation and Improvement Authority at its request a statement containing a summary of the complaints made during the preceding twelve months and the action that was taken in response.

Guidance for nurses and health care professionals
    
25. The registered person shall ensure that -

Clinical trials and research
    
26. The registered person shall ensure that -



PART IV

PREMISES

Fitness of premises
     27.  - (1) Subject to regulation 3(3), the registered person shall not use the premises for the purposes of a nursing home unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.

    (2) The registered person shall, having regard to the number and needs of the patients, ensure that -

    (3) The registered person shall, having regard for the number of staff employed and the duties they undertake, provide -

    (4) The registered person shall -

    (5) The registered person shall undertake appropriate consultation with the environmental health department of the district council for the district in which the nursing home is situated.



PART V

MANAGEMENT

Financial position
    
28.  - (1) The registered provider shall carry on the nursing home in such a manner as is likely to ensure that the home will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.

    (2) The registered person shall, if the Regulation and Improvement Authority so requests, provide such information and documents to the Regulation and Improvement Authority as it may require for the purpose of considering the financial viability of the nursing home, including -

    (3) The registered person shall -

    (4) In this regulation a company is an associated company of another if one of them has control of the other or both are under the control of the same person.

Visits by registered provider
    
29.  - (1) Where the registered provider is an individual, but not in day-to-day charge of the nursing home, he shall visit the home in accordance with this regulation.

    (2) Where the registered provider is an organisation or partnership, the nursing home shall be visited in accordance with this regulation by -

    (3) Visits under paragraph (1) or (2) shall take place at least once a month or as agreed with the Regulation and Improvement Authority and shall be unannounced.

    (4) The person carrying out the visit shall -

    (5) The registered provider shall maintain a copy of the report required to be made under paragraph (4)(c) in the home and make it available on request to -

    (6) In the case of a visit under paragraph (2) -



PART VI

MISCELLANEOUS

Notification of death, illness and other events
    
30.  - (1) The registered person shall give notice to the Regulation and Improvement Authority without delay of the occurrence of -

    (2) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing within 3 days of the oral report.

Notice of absence
    
31.  - (1) Where -

proposes to be absent from the nursing home for a continuous period of 28 days or more, the registered person shall give notice in writing to the Regulation and Improvement Authority of the proposed absence.

    (2) Except in the case of an emergency, the notice referred to in paragraph (1) above shall be given no later than 28 days before the proposed absence commences or within such shorter period as may be agreed with the Regulation and Improvement Authority and the notice shall specify -

    (3) Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

    (4) Where -

has been absent from the nursing home for a continuous period of 28 days or more, and the Regulation and Improvement Authority has not been given notice of the absence, the registered person shall without delay give notice in writing to the Regulation and Improvement Authority of the absence, specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).

    (5) The registered person shall notify the Regulation and Improvement Authority of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of his return.

Notice of changes
    
32. The registered person shall give notice in writing to the Regulation and Improvement Authority as soon as it is practicable to do so, if any of the following events takes place or is proposed to take place -

Notice of termination of accommodation
    
33.  - (1) Subject to paragraph (2), the registered person shall not terminate the arrangements for the accommodation of a patient unless he has given reasonable notice of his intention to do so to -

    (2) If it is impracticable for the registered person to comply with the requirement in paragraph (1) -

Appointment of liquidators etc.
    
34.  - (1) Any person to whom paragraph (2) applies must -

    (2) This paragraph applies to any person appointed as -

Death of registered person
    
35.  - (1) If more than one person is registered in respect of a nursing home, and a registered person dies, the surviving registered person shall without delay notify the Regulation and Improvement Authority of the death in writing.

    (2) If only one person is registered in respect of a nursing home, and he dies, his personal representatives shall notify the Regulation and Improvement Authority in writing -

    (3) The personal representatives of the deceased registered provider may carry on the nursing home without being registered in respect of it -

    (4) The Regulation and Improvement Authority may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Regulation and Improvement Authority shall determine, and shall notify any such determination to the personal representatives in writing.

    (5) The personal representatives shall appoint a person to take full-time day-to-day charge of the home during any period in which, in accordance with paragraph (3), they carry on the nursing home without being registered in respect of it.

Offences
    
36.  - (1) A contravention of any of the provisions of regulations 3, 4, 5, 11, 12, 13(1) to (4) and (7) to (9), 14, 15 to 17, 18(1), (2)(a) to (i) and (k) to (n) and (3), 19 to 24, and 27 to 33, shall be an offence.

    (2) The Regulation and Improvement Authority shall not bring proceedings against a person in respect of any contravention of those regulations unless -

    (3) Where the Regulation and Improvement Authority considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying -

    (4) The Regulation and Improvement Authority may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 19 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.

Compliance with regulations
    
37. Where there is more than one registered person in respect of a nursing home, anything which is required under these regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.

Revocation
    
38. The Nursing Homes Regulations (Northern Ireland) 1993[10] and the Nursing Homes (Amendment) Regulations (Northern Ireland) 1998[11], are hereby revoked.



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


23rd March 2005.

L.S.


N. McCann
Senior Officer of the Department of Health, Social Services and Public Safety


SCHEDULE 1
Regulation 3(1)(c)


INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE


     1. The name and address of the registered provider and of any registered manager.

     2. The relevant qualifications and experience of the registered provider and any registered manager.

     3. The number, relevant qualifications and experience of the staff working at the nursing home.

     4. The philosophy of care.

     5. The status and constitution of the nursing home.

     6. The organisational structure of the nursing home.

     7. The number of patients to be accommodated or provided with services.

     8. The range of needs, (categories of nursing) that the nursing home is intended to meet and the number in each category.

     9. Any criteria used for admission to the nursing home, including the nursing home's policy and procedures (if any) for emergency admissions.

     10. The arrangements for patients to engage in social activities, hobbies and leisure interests.

     11. The arrangements made for consultation with patients about the operation of the nursing home.

     12. The fire precautions and associated emergency procedures in the nursing home.

     13. The arrangements made, so far as it is practicable, that patients have the opportunity to attend religious services of their choice.

     14. The arrangements made for contact between patients and their relatives, friends and representatives and the local community, where practicable.

     15. The arrangements for dealing with complaints.

     16. The arrangements made for dealing with reviews of the patient's plan referred to in regulation 16(1).

     17. The number and size of rooms in the nursing home.

     18. Details of any specific therapeutic techniques used in the nursing home and arrangements made for their supervision.

     19. The arrangements made for respecting the privacy and dignity of patients.



SCHEDULE 2
Regulations 7, 9, 21


INFORMATION AND DOCUMENTS TO BE OBTAINED IN RESPECT OF PERSONS, CARRYING ON, MANAGING OR WORKING AT A NURSING HOME


     1. Proof of the person's identity, including a recent photograph.

     2. Either -

     3. Two written references relating to the person, including a reference from the person's present or most recent employer, (if any).

     4. Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as it is reasonably practicable, verification of the reason why the employment or position ended.

     5. Details and documentary evidence of any relevant qualifications or accredited training of the person and if applicable, registration with an appropriate professional regulatory body.

     6. A full employment history, together with a satisfactory written explanation of any gaps in employment.

     7. Evidence that the person is physically and mentally fit for the purposes of the work which he is to perform with regard to or at the nursing home or, where it is impracticable for the person to obtain such evidence, a declaration signed by the person that he is so fit.



SCHEDULE 3
Regulation 19(1)(a)


RECORDS TO BE KEPT IN A NURSING HOME IN RESPECT OF EACH PATIENT


     1. The following documents in respect of each patient -

     2. A recent photograph of the patient.

     3. A record of the following matters in respect of each patient -

     4. A copy of correspondence relating to each patient.



SCHEDULE 4
Regulation 19(2)


OTHER RECORDS TO BE KEPT IN A NURSING HOME


     1. A copy of the statement of purpose.

     2. A copy of the patient's guide.

     3. A record of all accounts relating to the home, including a record of patient's fees and financial arrangements that are handled by the nursing home and a record of persons working at the home acting as the appointee or agent of a patient.

     4. A copy of all inspection reports.

     5. A copy of any report made under regulation 29(4)(c) and a copy of any written record or report made under regulation 30.

     6. A record of all persons employed at the nursing home, including in respect of each person so employed, including -

     7. A copy of the duty roster of persons working at the nursing home, and a record of whether the roster was actually worked.

     8. A record of the nursing home's charges to patients, including any extra amounts payable for additional services not covered by those charges, and the amounts paid by or in respect of each patient.

     9. A record of all money or other valuables deposited by a patient for safekeeping or received on the patient's behalf, which -

     10. A record of furniture and personal possessions brought by a patient into the room occupied by him.

     11. A record of all complaints made by patients or representatives or relatives of patients or by persons working at the nursing home about the operation of the nursing home, and the action taken by the registered person in respect of any such complaint.

     12. A record of any of the following events that occur in the nursing home -

     13. Records of the food provided for patients in sufficient detail to enable any person inspecting the record to determine whether the diet is satisfactory, in relation to nutrition and otherwise, and of any special diets prepared for individual patients.

     14. A record of every fire practice, drill or test of fire equipment (including fire alarm equipment) conducted in the nursing home and of any action taken to remedy defects in the fire equipment.

     15. A statement of the procedure to be followed in the event of a fire, or where a fire alarm is activated.

     16. A statement of the procedure to be followed in the event of accidents or in the event of a patient becoming missing.

     17. A record of charges made to patients for transport and the amounts paid by or in respect of each patient.

     18. Where patients collectively own the vehicles -

     19. A record of the programme of events and activities that includes the name of the person leading the activity and the names of those who participated.

     20. A record of all staff meetings held and the names of all those attending.

     21. A record of training undertaken as referred to in regulation 20(1)(c)(i).

     22. A record of all visitors to the nursing home, including the names of all visitors.



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations are made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. Part II of the Order establishes the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority ("the Regulation and Improvement Authority") and Part III provides for the registration and inspection of establishments and agencies, including nursing homes, by the Regulation and Improvement Authority. It also provides powers for regulations governing the conduct of establishments and agencies.

These new arrangements replace the regulatory system provided for in relation to nursing homes by the Registered Homes (Northern Ireland) Order 1992.

Under regulations 3, 4 and 5, each home must have a statement of purpose consisting of the matters set out in Schedule 1, and supply a guide of the nursing home to each patient together with a statement giving informatiion about fees payable.

Regulations 7 to 10 make provision about the fitness of the persons carrying on and managing the nursing home, and require satisfactory information to be available in relation to certain specified matters. Where an organisation carries on the nursing home, it must nominate a responsible individual in respect of whom this information must be available (regulation 7). Regulation 8 prescribes the circumstances where a manager must be appointed for the nursing home, and regulation 10 imposes general requirements in relation to the proper conduct of the nursing home, and the need for appropriate training. Regulation 17 requires the registered person to establish a system for reviewing and improving the quality of nursing provided by the nursing home.

Part III makes provision about the conduct of nursing homes, in particular as to health and welfare of patients, and as to the facilities and services that are to be provided. Provision is also made about record keeping, the staffing of nursing homes, the fitness of workers, and about complaints.

Part IV makes provision about the suitability of premises and fire precautions to be taken. Part V deals with the management of nursing homes. Regulation 28 imposes requirements relating to the nursing home's financial position. Regulation 29 requires the registered person to visit the nursing home as prescribed.

Part VI deals with miscellaneous matters including the giving of notices to the Regulation and Improvement Authority. Regulation 36 provides for offences. A breach of the regulations specified in regulation 36 may found an offence on the part of the registered person. However, no prosecution may be brought unless the Regulation and Improvement Authority has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action the Regulation and Improvement Authority considers it is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months.


Notes:

[1] S.I. 2003/431 (N.I. 9)back

[2] S.I. 2004/1031back

[3] S.I. 1984/1821 (N.I. 11)back

[4] 2002 c. 17back

[5] S.I. 2002/253back

[6] 2001 c. 3 (N.I.)back

[7] S.I. 1972/1265 (N.I. 14)back

[8] 1968 c. 67; as amended by paragraph 7 of Part II of Schedule 2 to the Medicines (Specified Articles and Substances) Order 1976 (S.I. 1976/968)back

[9] S.I. 2004/1031back

[10] S.R. 1993 No. 92back

[11] S.R. 1998 No. 140back

[12] 1997 c. 50back

[13] Section 113(3EA) and 115(6EA) are inserted by S.I. 2003/417 (N.I. 4) - Article 17back

[14] Section 113(3EC) and 115(6EB) are inserted by S.I. 2003/417 (N.I. 4) - Article 47back



ISBN 0 337 95939 0


 © Crown copyright 2005

Prepared 18 April 2005


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050160.html