Title, commencement and application

1.-(1) The title of these Regulations is The Independent Health Care (Fees) (Wales) Regulations 2011.

(2) These Regulations come into force on 1 April 2011.

(3) These Regulations apply in relation to Wales.

Interpretation

2.-(1) In these Regulations-

• "the Act" ("y Ddeddf") means the Care Standards Act 2000;

• "acute hospital" ("ysbyty aciwt") means an independent hospital of the type referred to in section 2(3)(a)(ii) of the Act, not being a hospice or mental health hospital, whether or not it has approved places, in which at least one listed service may be provided and which provides treatment under general anaesthetic or intravenous sedation;

• "annual fee" ("ffi flynyddol") means an amount prescribed for the purposes of section 16(3) of the Act;

• "applicant" ("ceisydd") means a person seeking to be registered under the Care Standards Act 2000;

• "approved places" ("lleoedd a gymeradwywyd") means a bed which is available, in accordance with any condition placed upon the registration of any person in respect of the establishment, for the use of a service user at night;

• "Class 3B or Class 4 laser product", ("Cynnyrch laser Dosbarth 3B neu Ddosbarth 4") has the meaning given in Part 1 of British Standard EN 60825 -� 1 (Radiation safety of laser products and systems)(2);

• "dental treatment ("triniaeth ddeintyddol") means any dental treatment provided by a dentist, being a person registered in the dentists register under the Dentists Act 1984(3);

• "dialysis" ("dialysis") includes haemodialysis and peritoneal dialysis;

• "due date" ("dyddiad priodol") means the anniversary of the date of first registration, or in the first year of registration, a date one month after the date of first registration;

• "establishment" ("sefydliad") means an independent hospital or independent clinic;

• "hospice" ("hospis") means an independent hospital the whole or main purpose of which is to provide palliative care;

• "hospital providing treatment under local anaesthesia" ("ysbyty sydd yn darparu triniaeth gan ddefnyddio anaesthesia lleol") means a hospital by virtue of s.2(3)(a)(ii) of the Act not being an acute hospital and not being an establishment which is excepted from being an independent hospital by virtue of regulation 3(3) of the Independent Health Care (Wales) Regulations 2011 in which medical treatment is provided under local anaesthesia;

• "hyperbaric therapy" ("therapi hyperbarig") means the administration of oxygen (whether or not combined with one or more other gases) to a service user who is in a sealed chamber which is gradually pressurised with compressed air, where such therapy is carried out by or under the direct supervision or direction of a medical practitioner;

• "in vitro fertilisation" ("ffrwythloni in vitro") means treatment services for which a licence may be granted under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 1990(4);

• "independent clinic" ("clinic annibynnol") has the same meaning as in s.2(4) of the Act;

• "independent hospital" ("ysbyty annibynnol") has the same meaning as in s.2(2) and s.2(3) of the Act;

• "independent medical agency" ("asiantaeth feddygol annibynnol") means an independent medical agency, as defined in section 2(5) of the Act;

• "intense light" ("golau dwys") means broadband non-coherent light which is filtered to produce a specified range of wavelengths, such filtered radiation being delivered to the body, with the aim of causing thermal, mechanical or chemical damage to structures such as hair follicles and skin blemishes while sparing surrounding tissues;

• "major variation fee" ("ffi amrwyiad mawr") means the fee payable in respect of an application to vary a condition of registration where it is necessary for the registration authority to inspect;

• "male circumcision" ("enwaedu gwryw") means the circumcision of male children by a health care professional, including for the purpose of religious observance;

• "maternity hospital" ("ysbyty mamolaeth") means an independent hospital, the main purpose of which (whether or not other services are provided) is to provide obstetric services and medical services in connection with childbirth;

• "mental health hospital" ("ysbyty iechyd meddwl") means an independent hospital of the type referred to in section 2(3)(a)(i) or (b) of the Act, which has approved places and whose main purpose is to provide medical treatment for mental illness or mental disorder;

• "minor variation fee" ("ffi mân amrwyiad") means the fee payable in respect of an application to vary a condition of registration where it is not necessary for the registration authority to inspect;

• "non-acute hospital" ("ysbyty nad yw'n aciwt") means an independent hospital of the type mentioned in section 2(3)(a)(i) of the Act, with approved places, providing medical treatment for illness but which is not a hospice or mental health hospital and does not provide any listed service;

• "quarter of the year" ("chwarter o'r flwyddyn") means a period of three consecutive calendar months;

• "registered" ("cofrestredig", "ei gofrerstru" ac "ei chofrestru") means registered under Part 2 of the Act;

• "registration authority" ("awdurdod cofrestru") means the Welsh Ministers;

• "registration" ("cofrestriad" a "cofrestru") means registration under Part 2 of the Act;

• "relevant authority" ("awdurdod perthnasol") means any Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, any NHS trust established under section 18 of the National Health Service (Wales) Act 2006(5), and any county council or county borough council;

• "service user" ("defnyddiwr gwasanaeth") means any person who is to be provided with accommodation or services in an establishment but excludes registered persons or persons employed or intended to be employed in an establishment;

• "termination of pregnancy hospital" ("ysbyty terfynu beichiogrwydd") means an independent hospital whose main purpose (whether or not other services are provided) is to provide termination of pregnancy.

Registration fees

3.-(1) 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 2 of the Act in relation to an establishment or agency in column 1 of the table below is the sum specified in column 2 for an application to be registered as the provider, or the sum specified in column 3 for an application to be registered as the manager.

Fees in respect of applications to vary a condition of registration

4. For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered person under section 15(1)(a) of the Act to vary a condition of registration in respect of an establishment or agency specified in column 1 of the table below, is to be the sum specified in column 2.

Fees in respect of applications to remove a condition of registration

5. For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered person under section 15(1)(a) of the Act to remove a condition of registration in respect of an establishment or agency specified in column 1 of the table below is to be the sum specified in column 2.

Annual fees

6. For the purposes of section 16(3) of the Act, the registered provider of an establishment or agency specified in column 1 of the table below, must pay an annual fee, and the amount of the annual fee is to be the sum specified in column 2.

Establishment falling within more than one category of fee payment

7.-(1) Where an establishment or agency falls within more than one of the categories listed in column 1 of the table above, only one fee is payable being the fee which corresponds to the category with the highest rate.

(2) The fee in respect of each establishment or agency listed in column 1 is to be payable on the due date.

Refund of annual fees

8.-(1) Where the registered provider applies to cancel its registration under section 15(1)(b) of the Act, within six months of the due date and the registration authority agrees to grant that application, then a refund of up to 50% of the annual fee will be paid to the registered provider.

(2) The amount of the refund to which a registered provider is entitled is a quarter of the annual fee paid for each complete quarter which remains of the 12 month period for which it is due as at the date the registration authority receives the application to cancel and subject to a maximum refund of 50%.

(3) In calculating how many complete quarters of the year remain, no account is to be taken of the calendar month in which the application to cancel is received.

Non-payment of fee

9. If the annual fee is not paid by the registered provider by the due date, then the registration authority may cancel the registered provider's registration, and recover the fee as a civil debt.

Exemption from payment of fee

10.-(1) Where the provider of any establishment or agency listed above is a charity registered with the Charity Commission, under section 3A of the Charities Act 1993(6), then provided that the only services that charity provides are free, and that the services are not commissioned by a relevant authority, the charity is exempt from payment of a fee under these regulations.

(2) No application fee is payable where a person applies to register as a manager of an establishment or agency and the person is already registered as a manager in respect of a different establishment or agency or was so registered no more than 7 days before the date the application was submitted.

Amendment to the Care Standards Act 2000 and the Children Act 1989 (Abolition of Fees) (Wales) Regulations 2006

11.-(1) The Care Standards Act 2000 and the Children Act 1989 (Abolition of Fees) (Wales) Regulations 2006(7) are amended in accordance with the following provisions of this regulation.

(2) For regulation 1(4) replace with-

"(4) These regulations do not apply to persons who provide dental services, nor to those persons having to register in relation to carrying on or managing those establishment or agencies described in section 2 of the Care Standards Act 2000."

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the fees that are payable by applicants for registration and registered managers, under Part II of the Care Standards Act 2000 ("the Act").

The fees are payable-

(1) on an application for registration (regulation 3);

(2) on an application for the variation of any condition in force in relation to a registration (regulation 4);

(3) on an application for the removal of any condition in force in relation to a registration (regulation 5).

In addition, regulation 6 determines the amount payable as an annual fee in respect of establishments and agencies under section 16(3) of the Act.

There are provisions for the refund of fees paid and consequences for non-payment (regulations 8 and 9).

Charities are exempt from the payment of fees (regulation 10(1)), unless they charge for services.