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The Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011

S.I. 2011/552 · Made 26 February 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 April 2023.

Children And Young Persons, England

Made 26th February 2011

Laid before Parliament 4th March 2011

Coming into force 1st April 2011

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 30A(3) and (4) and 118(5) to (7) of the Care Standards Act 2000f1.

Annotations to the whole text

Footnotes

f1

2000 c.14. Section 30A was inserted into the Care Standards Act (“the Act”) by section 29 of the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”) and was amended by section 95 of, Schedule 1 and Schedule 5 to the Health and Social Care Act 2008 (c.14). “Prescribed” means prescribed in regulations made in relation to England by the Secretary of State – see section 30A(7) of the Act.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Information to be contained in a notification under section 30A(2) of the Act
  4. 4Notification of prescribed circumstances under section 30A(3) of the Act
  5. Signature
  6. Explanatory note

1Citation, commencement and applicationI1

(1)

These Regulations may be cited as the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 and come into force on 1st April 2011.

(2)

These Regulations apply in relation to England only.

2InterpretationI1

In these Regulations—

  • “the Act” means the Care Standards Act 2000;

  • “P” means a person who is carrying on or managing an establishment or an agency mentioned in section 30A(6) of the Actf1.

3Information to be contained in a notification under section 30A(2) of the ActI1

(1)

A notification under section 30A(2) of the Act must contain the information as set out in paragraphs (2) to (4).

(2)

In relation to all notifications under section 30A(2) of the Act—

(a)

a description of and the name and address of the establishment or agency F1, and in the case of a supported accommodation undertaking, the address of the principal office f1;

(b)

the registration number of the establishment F2, agency or supported accommodation undertaking;

(c)

the name and address (if different from that of the establishment F3, agency or supported accommodation undertaking) of the person carrying on or managing the establishment , agency or supported accommodation undertaking;

(d)

the date on which the notification is sent to the local authority; and

(e)

whether the notification is sent under F4section 30A(2)(a), (aa), (ab), (b) or (c) of the Act.

(3)

In relation to a notification under section 30A(2)(b) of the Act (notification of proceedings against P for a relevant offencef2)—

(a)

the date on which the summons was issued;

(b)

a description of the alleged relevant offence; and

(c)

the date on which the proceedings are to be heard, if known.

F5(3A)

In relation to a notification under section 30A(2)(aa) (decision to adopt a proposal to suspend the registration of P or to extend any such suspension) or (ab) (notice under section 20B of the Act to suspend the registration of P or to extend any such suspension, or to vary or remove a condition for the time being in force in relation to the registration of P, or to impose an additional condition, where P is managing or carrying on a supported accommodation undertaking) of the Act, the date from which the suspension takes effect and the date on which the suspension ends.

(3B)

In relation to a notification under section 30A(2)(ab) of the Act, where the notice relates to the variation or removal of a condition for the time being in force in relation to the registration of P, or imposes an additional condition, where P is managing or carrying on a supported accommodation undertaking, a description of the condition and the date on which the decision under section 20B(3) of the Act takes effect.

F6(4)

In relation to a notification under section 30A(2)(c) of the Act (notice under section 22B of the Act restricting accommodation at certain establishments)—

(a)

the date on which the notice is to cease to have effect if specified in the notice;

(b)

where the notification relates to a supported accommodation undertaking, the addresses of the premises at which accommodation is restricted.

4Notification of prescribed circumstances under section 30A(3) of the ActI1

(1)

The circumstances which relate to P prescribed for the purpose of section 30A(3) of the Act are as set out in paragraphs (2) to (4).

(2)

In relation to a notice served on P under section 19(3) of the Act (notice of decision of registration authority) to cancel the registration—

(a)

an appeal by P to the Tribunalf1 against that notice;

(b)

the decision of the Tribunal on an appeal by P against that notice; and

(c)

where no appeal is brought by Pf2.

F1(2A)

In relation to a notice served on P under section 19(3) of the Act (notice of decision of registration authority) to suspend the registration or extend the period of suspension—

(a)

an appeal by P to the Tribunal against that notice;

(b)

the decision of the Tribunal on an appeal by P against that notice; and

(c)

where no appeal is brought by P.

(2B)

In relation to a notice served on P under section 20B of the Act (urgent procedure for suspension or variation) to suspend or vary the registration or to add a condition to or remove a condition from the registration—

(a)

if that notice ceases to have effect;

(b)

an appeal by P to the Tribunal against that notice; and

(c)

the decision of the Tribunal on an appeal by P against that notice.

(3)

Where the registration authority has brought proceedings against P for a relevant offence—

(a)

the withdrawal, by the registration authority, of the proceedings against P;

(b)

the decision of the court in the proceedings;

(c)

an appeal by P against that decision; and

(d)

the outcome of the appeal.

(4)

In relation to a notice served on P under section 22B of the Act—

(a)

if that notice ceases to have effectf3;

(b)

an appeal by P to the Tribunal against that notice; and

(c)

a decision by the Tribunal under section 21(4A)f4 of the Act to confirm the notice F2or direct that the notice ceases to have effect.

Signature

Tim Loughton

Parliamentary Under Secretary of State

Department for Education

26th February 2011

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under the Care Standards Act 2000 (“the Act”) and apply in relation to England only. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“HMCI”) is the registration authority in relation to England for the purposes of Part 2 of the Act which provides for the registration of certain establishments and agencies such as children’s homes.

Section 30A(2) of the Act provides that the registration authority must notify all local authorities in England and Wales as soon as practicable if it takes any of the actions specified in section 30A(2)(a) to (c) against a person (“P”) who is carrying on or managing an establishment or agency of a type specified in section 30A(6) (children’s homes, residential family centres, fostering agencies, voluntary adoption agencies, adoption support agencies and providers of social work services). The information to be included in such notifications is as set out in regulation 3(2) to (4). Section 30A(3) provides for local authorities to be notified when HMCI becomes aware of any prescribed circumstances which relate to P and these circumstances are prescribed in regulation 4. Section 30A(5) provides that a notification may be sent electronically in certain circumstances.

An impact assessment has not been prepared for this instrument as impacts on business, charities, voluntary bodies and the public sector will be minimal.