The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003 No. 753

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STATUTORY INSTRUMENTS

2003 No. 753
SOCIAL CARE, ENGLAND
CHILDREN AND YOUNG PERSONS, ENGLAND
PUBLIC HEALTH, ENGLAND
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003

	Made	15th March 2003
	Laid before Parliament	17th March 2003
	Coming into force	1st April 2003

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

7.	Revocation

The Secretary of State, in exercise of the powers conferred upon him by sections 12(2), 15(3), 16(3), 31(7), 45(4), 51(1) and 118(5) to (7) of the Care Standards Act 2000[1] and section 87D(2) of the Children Act 1989[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations: -

PART I
GENERAL
Citation, commencement and application
     1. - (1) These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003 and shall come into force on 1st April 2003.

    (2) These Regulations apply to England only.

Interpretation
     2. - (1) In these Regulations -

"the Act" means the Care Standards Act 2000;

"the 1957 Act" means the Nurses Agencies Act 1957[

"acute hospital" means a hospital of the type referred to in section 2(3)(a)(i) of the Act (not being a hospice) which has approved places;

"approved place" means -

"boarding school" means a school (not being a residential special school or a school which is a children's home or a care home) providing accommodation for any child, and "school" has the meaning given to it in section 105(1) of the 1989 Act;

"certificate" means a certificate of registration;

"existing provider" means -

(b) a nurses agency provider;

"hospice" means an establishment the whole or main purpose of which is to provide palliative care;

"local authority fostering service" means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the Act;

"mental health hospital" means a hospital of the type referred to in section 2(3)(b) of the Act;

"new provider" means a person who -

"nurses agency provider" means a person who -

"prescribed techniques or prescribed technology" means the techniques or technology set out in regulation 3(1)(a) to (f) of the Private and Voluntary Health Care (England) Regulations 2001;

"previously exempt provider" means a provider -

(b) who carries on an agency other than an agency for the supply of nurses within the meaning of the 1957 Act which the person is authorised to carry on from those premises under a licence granted to him under section 2 of that Act;

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

"registered person" means any person who is the registered proprietor 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 II of the Act as the person carrying on the establishment or agency;

"residential special school" means -

and which provides accommodation for any child;

"service user" means -

"small agency" means a domiciliary care agency or nurses 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, other than an adult placement home, which has less than four approved places.

(2) In these Regulations "agency" does not include a voluntary adoption agency[10].

PART II
FEES
Registration fees
3. - (1) For the purposes of section 12(2) of the Act, and, subject to paragraph (2), the fee to accompany -

(2) Where the establishment is a small establishment or an adult placement home or an agency is a small agency the fee shall be -

(3) For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part II of the Act as a person who manages an establishment or agency other than a small establishment or an adult placement home or a small agency -

Variation fees
4. - (1) For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act ("the variation fee") shall, subject to paragraphs (2) and (3), be -

(a) in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), Ј660;

(b) in respect of a residential family centre, nurses agency or domiciliary care agency, Ј550.

(2) Where the establishment is a small establishment or an adult placement home or an agency is a small agency the fee shall be -

(a) in the case of an application referred to in paragraph (1)(a), Ј360;

(b) in the case of an application referred to in paragraph (1)(b), Ј300.

(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), Ј60; and

(b) in the case of an application referred to in paragraph (1)(b), Ј50.

(4) For the purposes of paragraph (3) a "minor variation" is a variation which, in the opinion of the Commission, if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the Commission in accordance with regulations made under section 11(4) of the Act.

Annual fees
5. - (1) Subject to paragraphs (2) to (6), the registered provider, in respect of an establishment or agency, a relevant person[11] in respect of a boarding school, residential college or residential special school or a local authority in respect of a local authority fostering service, specified in column (1) of the Table below shall pay an annual fee and -

(b) shall be payable for the year beginning 1st April 2003 and subsequent years in accordance with column (5).

Column (1) Column (2) Column (3) Column (4) Column (5)

Establishment, agency, school or college, local authority fostering service Flat rate payable in all cases Rate payable for each approved place from the 4th to the 29th place inclusive Rate payable for the 30th and each subsequent approved place Annual fee due on

(a) Care home

Ј180 Ј60 Ј60 (a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;

(b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(c) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(b) Children's home

Ј600 Ј60 Ј60 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act[12];

(b) in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year;

(c) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(d) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(c) Fostering agency

Ј1,200           on 1st April 2003, or on the date on which the certificate is issued, whichever is the later, and thereafter on the anniversary of that date.

(d) Hospice

Ј180 Ј60 Ј60 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;

(b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(c) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(e) Acute hospital or mental health hospital

Ј3,000 Ј120 Ј60 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;

(b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(c) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(f) Hospital using prescribed techniques or prescribed technology

Ј900 Ј120 Ј60 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;

(b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(c) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(g) Hospital providing listed services

Ј1,200 Ј120 Ј60 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;

(b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(c) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(h) Independent clinic or independent medical agency

Ј1,200           (a) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

(b) in the case of a new provider -

(i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(i) Residential family centre

Ј400 Ј50 Ј50 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the1989 Act;

(b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and

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

(j) Domiciliary care agency

Ј750           on 1st April 2003, or on the date on which the certificate is issued, whichever is the later, and thereafter on the anniversary of that date.

(k) Nurses agency

Ј500           (a) in the case of an existing provider -

(i) where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the date on or after 1st April 2003 on which the certificate is issued, and thereafter on the anniversary of that date;

(ii) where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st January 2003, on the anniversary first occurring on or after 1st April 2003 of the date on which the licence was granted, and thereafter on the anniversary of that date; or

(iii) where a local authority determines an application for a licence under the 1957 Act on or after 1st January 2003 but before 1st April 2003, on the anniversary first occurring of the date on which the licence was granted, and thereafter on the anniversary of that date; and

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

(l) Boarding school and residential college

Ј300 Ј18 Ј9 (a) in the case of a school or college which was providing accommodation for any child on 1st January 2002, on 1st September in each year;

(b) in the case of a school or college established after 1st January 2002 and before 1st April 2003, on the anniversary of the date on which it was established;

(c) otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.

(m) Residential special school

Ј480 Ј48 Ј24 (a) in the case of a school which was providing accommodation for any child on 1st January 2002, on 1st September 2002;

(b) in the case of a school established after 1st January 2002 and before 1st April 2003, on the anniversary of the date on which it was established;

(c) otherwise, on the date of the establishment of the school, and thereafter on the anniversary of that date.

(n) Local authority fostering service

Ј1,200           in the case of a local authority which was discharging relevant fostering functions on 1st January 2002, on 1st April in each year, and in all other cases, on the first occasion on which such functions are first discharged, and thereafter on the anniversary of that date.

    (2) In the case of a care home which is an adult placement home, or a care home which is a small establishment, the annual fee shall be Ј120.

    (3) In the case of an establishment which is a small establishment, other than a care home which is a small establishment, the annual fee shall be the flat rate specified in column (2).

    (4) In the case of an agency which is a small agency, the annual fee payable shall be 50 per cent. of the flat rate specified in column (2).

    (5) Where an independent hospital falls into more than one of the categories listed in paragraph (d), (e), (f) or (g) of column (1) of the Table above, the category that applies to it for the purposes of this regulation shall be the category with the highest flat rate fee payable as set out in column (2) in relation to paragraph (d), (e), (f) or (g).

    (6) In the case of an existing provider whose licence ("the licence") continued to be treated as valid after 31st December 2002 by virtue of -

and thereafter the annual fee shall be payable in each case on the anniversary of the dates referred to in sub-paragraph (a), (b)(i) or (ii)(bb).

(7) In paragraph (6) "relevant order" means the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002[13].

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

(2) Subject to paragraph (4), the Commission shall arrange for premises which are used for the purposes of a local authority fostering service to be inspected once in every 12 month period.

(3) In the case of an establishment or agency, carried on by a person other than an existing provider, which is a care 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 (2) may be unannounced.

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

Revocation
     7. The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001[14] are hereby revoked.

Signed by the authority of the Secretary of State for Health

Jacqui Smith
Minister of State, Department of Health

15th March 2003

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate with amendments the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 as amended ("the 2001 Regulations") which prescribe the fees that are to be paid by establishments and agencies, other than voluntary adoption agencies, under Part II of the Care Standards Act 2000 ("the Act") -

In addition, regulation 5 prescribes the annual fee that is to be paid in respect of certain establishments and agencies under section 16(3) of the Act, the annual fee that is to be paid by a local authority fostering service under section 51(1) of the Act and the annual fee that is to be paid by boarding schools, residential special schools and residential colleges under section 87D of the Children Act 1989.

Regulation 6 prescribes the frequency of inspections of premises used for the purposes of certain establishments and agencies and of premises used for the purposes of a local authority fostering service.

The amendments made to the 2001 Regulations -

The 2001 Regulations are revoked by regulation 7.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department of Health's website www.doh.gov.uk/regulatoryimpact/index.htm. In addition, a copy can be obtained from Room 628, Wellington House, 133-155 Waterloo Road, London, SE1 8UG.

Notes:

[1] 2000 c.14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland or Northern Ireland, as the Secretary of State. See: section 121(1) for the definitions of "prescribed" and "regulations".back

[2] Section 87D was inserted into the Children Act 1989 (c.41) by section 108(2) of the Care Standards Act 2000 (c.14).back

[3] 5 & 6 Eliz. 2 c.16.back

[4] 1984 c.23.back

[5] 1989 c.41.back

[6] S.I. 2001/3965.back

[7] S.I. 2001/3968.back

[8] Section 87(10) of the 1989 Act was amended by section 105 of the Care Standards Act 2000.back

[9] 1996 c.56. Section 337 was substituted by the School Standards and Framework Act 1998, section 140(1) and Schedule 30, paragraph 80.back

[10] For fees and frequency of inspections in respect of voluntary adoption agencies, see the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 (S.I. 2003/368).back

[11] Relevant person is defined in section 87(11) of the 1989 Act, as inserted by section 105 of the Care Standards Act 2000.back

[12] An annual fee is payable in respect of a children's home registered under Part VIII of the 1989 Act. However, an annual fee was not payable in respect of a voluntary home i.e. a home which was registered in a register kept for the purposes of section 60 of the 1989 Act.back

[13] S.I. 2002/3210.back

[14] 2001/3980. Amending instruments are 2002/1505, 2002/2070 and 2002/3211.back

ISBN 0 11 045526 6

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Column (1)	Column (2)	Column (3)	Column (4)	Column (5)
Establishment, agency, school or college, local authority fostering service	Flat rate payable in all cases	Rate payable for each approved place from the 4th to the 29th place inclusive	Rate payable for the 30th and each subsequent approved place	Annual fee due on
(a) Care home	Ј180	Ј60	Ј60	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act; (b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (c) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(b) Children's home	Ј600	Ј60	Ј60	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act[12]; (b) in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year; (c) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (d) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(c) Fostering agency	Ј1,200			on 1st April 2003, or on the date on which the certificate is issued, whichever is the later, and thereafter on the anniversary of that date.
(d) Hospice	Ј180	Ј60	Ј60	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act; (b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (c) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(e) Acute hospital or mental health hospital	Ј3,000	Ј120	Ј60	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act; (b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (c) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(f) Hospital using prescribed techniques or prescribed technology	Ј900	Ј120	Ј60	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act; (b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (c) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(g) Hospital providing listed services	Ј1,200	Ј120	Ј60	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act; (b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (c) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(h) Independent clinic or independent medical agency	Ј1,200			(a) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (b) in the case of a new provider - (i) if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(i) Residential family centre	Ј400	Ј50	Ј50	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the1989 Act; (b) in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and (c) in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(j) Domiciliary care agency	Ј750			on 1st April 2003, or on the date on which the certificate is issued, whichever is the later, and thereafter on the anniversary of that date.
(k) Nurses agency	Ј500			(a) in the case of an existing provider - (i) where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the date on or after 1st April 2003 on which the certificate is issued, and thereafter on the anniversary of that date; (ii) where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st January 2003, on the anniversary first occurring on or after 1st April 2003 of the date on which the licence was granted, and thereafter on the anniversary of that date; or (iii) where a local authority determines an application for a licence under the 1957 Act on or after 1st January 2003 but before 1st April 2003, on the anniversary first occurring of the date on which the licence was granted, and thereafter on the anniversary of that date; and (b) in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(l) Boarding school and residential college	Ј300	Ј18	Ј9	(a) in the case of a school or college which was providing accommodation for any child on 1st January 2002, on 1st September in each year; (b) in the case of a school or college established after 1st January 2002 and before 1st April 2003, on the anniversary of the date on which it was established; (c) otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.
(m) Residential special school	Ј480	Ј48	Ј24	(a) in the case of a school which was providing accommodation for any child on 1st January 2002, on 1st September 2002; (b) in the case of a school established after 1st January 2002 and before 1st April 2003, on the anniversary of the date on which it was established; (c) otherwise, on the date of the establishment of the school, and thereafter on the anniversary of that date.
(n) Local authority fostering service	Ј1,200			in the case of a local authority which was discharging relevant fostering functions on 1st January 2002, on 1st April in each year, and in all other cases, on the first occasion on which such functions are first discharged, and thereafter on the anniversary of that date.