The Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005 No. 182

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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 182
HEALTH AND PERSONAL SOCIAL SERVICES
The Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005

	Made	30th March 2005
	Coming into operation	1st April 2005

ARRANGEMENT OF REGULATIONS

PART I
GENERAL

1.	Citation, commencement and application

2.	Interpretation

PART II
FEES

3.	Registration Fees

4.	Variation fees

5.	Annual fees

PART III
FREQUENCY OF INSPECTIONS

6.	Frequency of inspections

The Department of Health Social Services and Public Safety, in exercise of the powers conferred on it by Articles 6(1)(e), 13(2), 16(3) and (5), 17(3), 40(7) 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 on that behalf, hereby makes the following Regulations:

PART I
GENERAL
Citation, commencement and application
1. These Regulations may be cited as the Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Interpretation
2. - (1) In these Regulations -

"the Order" means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

"the 1971 Act" means the Nursing Homes and Nursing Agencies (Northern Ireland) Act 1971[

"certificate" means a certificate of registration;

"existing provider" means -

(b) a nursing agency provider;

"new provider" means a person who carries on an establishment or agency for the first time after 1st April 2005;

"nursing agency provider" means a person -

"previously exempt provider" means a provider -

(b) who, immediately before 1st April 2005, carried on an agency, other than an agency for the supply of nurses within the meaning of the 1971 Act, which the person was authorised to carry on from those premises under a licence granted to him under section 12 of that Act;

"registered manager" in relation to an establishment or agency means a person who is registered under Part III of the Order as the manager of the establishment or agency;

"registered person" means any person who is the registered provider or registered manager in respect of an establishment or agency;

"registered provider" in relation to an establishment or agency means a person who is registered under Part III of the Order as the person carrying on the establishment or agency;

"service user" means any person who is to be provided with accommodation or services in an establishment, or by an agency, but excludes registered persons or persons employed or intended to be employed in an establishment or by an agency, and their relatives;

"small agency" means a nursing agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;

"small establishment" means an establishment, which has less than four approved places.

PART II
FEES
Registration fees
3. - (1) For the purposes of Article 13(2) of the Order, and, subject to paragraph (2), the fee to accompany -

(2) Where the establishment is a small establishment or the agency is a small agency the fee shall be -

(3) For the purposes of Article 13(2) of the Order the fee to accompany an application by a person seeking to be registered under Part III of the Order as a person who manages an establishment or agency other than a small establishment or a small agency -

Variation fees
4. - (1) For the purposes of Article 16(3) of the Order, the fee to accompany an application by the registered provider under Article 16(1)(a) of the Order ("the variation fee") shall, subject to paragraphs (2) and (3), be -

(a) in respect of an establishment or agency other than a nursing agency, Ј100;

(b) in respect of a nursing agency, Ј15.

(2) Where the establishment is a small establishment or the agency is a small agency the fee shall be -

(a) in the case of an application referred to in paragraph (1)(a), Ј50;

(b) in the case of an application referred to in paragraph (1)(b), Ј5.

(3) In a case where the variation of a condition is a minor variation, the variation fee shall be -

(a) in the case of an application referred to in paragraph (1)(a), Ј25; and

(b) in the case of an application referred to in paragraph (1)(b), Ј5.

(4) For the purposes of paragraph (3) a "minor variation" is a variation which, in the opinion of the Regulation and Improvement Authority, if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the Registration and Improvement Authority in accordance with regulations made under article 12(3) of the Order.

Annual fees
5. - (1) Subject to paragraphs (2) to (4), the registered provider, in respect of an establishment or agency, specified in column (1) of the Table below shall pay an annual fee and -

(a) the amount of the annual fee shall be -

(b) shall be payable for the year beginning 1st April 2005 and subsequent years in accordance with column (4).

Column (1) Column (2) Column (3) Column (4)

Establishment, agency Flat rate payable in all cases Rate payable for each approved place Annual fee due on

Residential Care Home;

Nursing Home;

Children's Home.

Ј952 Ј46 (a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order or the 1995 Order and thereafter on that date;

(b) in the case of a previously exempt provider, registered from 1st April 2005, in accordance with Articles 4 to 7 of the Commencement No. 3 Order, on the anniversary of that date and thereafter on that date;

(c) in the case of a new provider, on the anniversary of the date on which the registration certificate was issued and thereafter on that date.

Nursing agency Ј15 (a) in the case of an existing provider, on the anniversary of the date on which the licence was first issued under the 1971 Act and thereafter on the anniversary of that date;

(b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Independent Hospital Ј952 Ј46 (a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date;

(b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Independent Clinic Ј952 - (a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date;

(c) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.

Small Establishments

(2) In the case of a residential care home, or nursing home which is a small establishment, the annual fee shall be Ј34.

Small Nursing Agencies

(3) In the case of a nursing agency which is a small agency, the annual fee payable shall be Ј15.

PART III
FREQUENCY OF INSPECTIONS
Frequency of inspections
6. - (1) Subject to paragraphs (2) to (5), the Regulation and Improvement Authority shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected -

(2) Where a residential care home, nursing home or children's home has been registered for the first time, in accordance with provisions contained in Articles 4 to 7 of the Commencement No. 3 Order, no further inspection shall be required in the 12 month period between 1st April 2005 and 31st March 2006.

(3) In the case of an establishment or agency, carried on by a person other than an existing provider, which is a residential care home, nursing home or a children's home and in respect of which a person is registered for the first time -

    (4) In the case of an establishment or agency, carried on by a person other than an existing provider or a home mentioned in paragraph (3), in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.

    (5) Any inspection referred to in paragraphs (1) or (3) may be unannounced.

    (6) In this regulation "12 month period" means a period commencing on and including 1st April in any year and ending on 31st March in the following year.

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

30th March 2005.

L.S.

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

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations prescribe the fees that are to be paid to the Health and Personal Social Services Regulation and Improvement Authority by establishments and agencies regulated from 1st April 2005 under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (Residential Care Homes, Nursing Homes, Childrens Homes, Independent Hospitals and Clinics and Nursing Agencies). The fees are payable -

These fees are largely based upon charges currently applied prior to 1st April 2005 to certain establishments and agencies, although there are variations. The Department of Health, Social Services and Public Safety intends to review these fees within the first year of the operation of HPSSRIA.

In addition, regulation 5 prescribes the annual fee that is to be paid in respect of certain establishments and agencies. Regulation 6 prescribes the frequency of inspections of premises used for the purposes of certain establishments and agencies.

Notes:

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

[2] 1971 c. 32 back

[3] S.I. 1992/3204 (N.I. 20)back

[4] S.I. 1995/755 (N.I. 2)back

[5] S.R. 2005/44 (c. 4)back

ISBN 0 337 95940 4

Prepared 11 April 2005

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Regulation and Improvement Authority (Fees and Frequency of Inspections) Regulations (Northern Ireland) 2005 No. 182 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050182.html

Column (1)	Column (2)	Column (3)	Column (4)
Establishment, agency	Flat rate payable in all cases	Rate payable for each approved place	Annual fee due on
Residential Care Home; Nursing Home; Children's Home.	Ј952	Ј46	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order or the 1995 Order and thereafter on that date; (b) in the case of a previously exempt provider, registered from 1st April 2005, in accordance with Articles 4 to 7 of the Commencement No. 3 Order, on the anniversary of that date and thereafter on that date; (c) in the case of a new provider, on the anniversary of the date on which the registration certificate was issued and thereafter on that date.
Nursing agency	Ј15		(a) in the case of an existing provider, on the anniversary of the date on which the licence was first issued under the 1971 Act and thereafter on the anniversary of that date; (b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.
Independent Hospital	Ј952	Ј46	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date; (b) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.
Independent Clinic	Ј952	-	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1992 Order and thereafter on that date; (c) in the case of a new provider, on the anniversary of the date on which the registration certificate is issued and thereafter on that date.