Explanatory note
England and Wales
(This note is not part of the Regulations)
These Regulations are made under the Care Standards Act 2000 (“the Act”) and apply to England only. Part 1 of the Act provides in relation to England, for the Chief Inspector for Education, Children’s Services and Skills (“CI”) to be the registration authority. Part 2 of the Act provides for the registration and inspection by the CI of the following descriptions of establishments and agencies: children’s homes, residential family centres, fostering agencies, voluntary adoption agencies and adoption support agencies.
These Regulations make provision in relation to the registration of the establishments and agencies referred to above.
Regulation 3 of and Schedules 1 to 4 to these Regulations specify the information and documents that are to be provided by an applicant for registration.
Regulation 4 requires the responsible person to attend an interview if requested to do so by the CI.
Regulations 5 and 6 require the applicant to give notice of certain changes and changes to staff engaged after the application for registration is made and before it is determined.
Regulation 7 requires the CI to keep a register in respect of each description of establishment or agency. It provides, together with Schedule 5, for the information that each register is to contain.
Regulation 8 specifies the particulars that any certificate of registration is to contain.
Regulation 9 requires a person who is registered in respect of an establishment or agency to return the certificate to the CI if the registration is cancelled.
Regulation 10 makes provision in respect of an application by the registered person to apply for the variation or removal of a condition in relation to his registration.
Regulation 11 requires the registered person to report the relevant circumstances to the CI if it appears that the establishment or agency is likely to cease to be financially viable.
Regulation 12 specifies certain grounds on which the CI may cancel a person’s registration. Other grounds on which registration may be cancelled are specified by section 14 of the Act.
Regulation 14 provides that any document or information (apart from a certificate of registration) required to be sent or delivered to the CI may be sent or delivered to an electronic address provided by the CI.
Regulation 15 revokes The National Care Standards Commission (Registration) Regulations 2001, the National Care Standards Commission (Registration)(Amendment) Regulations 2003 and provides a transitional provision for applications for registration, cancellation or variation or removal of a condition that are made before the coming into force of these Regulations.
An impact assessment has not been prepared for this instrument as impacts on business, charities, voluntary bodies and the public sector will be minimal. The Explanatory Memorandum is available alongside this instrument on the OPSI website (www.opsi.gov.uk).