# The Nursing Homes Registration (Scotland) Amendment Regulations 1991, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Nursing Homes Registration (Scotland) Regulations 1990 (S.I. 1990/1310) (“the principal Regulations”) which make provision for the registration of persons in respect of nursing homes under the Nursing Homes Registration (Scotland) Act 1938 (“the Act”).
The amendments in regulations 2, 3 and 4 correct defects in the wording of the principal Regulations in relation to fees and the maintenance of registers required to be kept by the person registered.
Regulation 2 amends regulation 3 of the principal Regulations to clarify that fees prescribed in Schedule 2 are those fees which a Health Board may impose in exercise of their powers under section 1A of the Act in respect of applications for registration and other matters. Regulation 3 of the principal Regulations is also amended to provide that the Health Board may impose fees in respect of applications for registration and applications for variation of conditions of registration on receipt of the application instead of requiring that the applicant in such cases must submit the prescribed fee to the Health Board with the application.
Regulation 3 amends regulation 4 of the principal Regulations to clarify that the requirement to maintain a register of patients means that the particulars as to the matters formerly specified in paragraph (2)(e) to (g) and also the matters specified in paragraph (3) must be included, in respect of each patient, when the relevant matters have application to that patient. The requirement to maintain the register in respect of each patient for a minimum period is amended so as to provide that the 3 year period applies from the date of death or discharge of the patient.
Regulation 4 amends regulation 6 of the principal Regulations to clarify the period for which the registers of staff and other persons providing professional services must be maintained in respect of each member of staff or person providing such services.
These Regulations also make 2 other amendments. They provide that a notice of the death of a patient shall be delivered or sent to the Chief Administrative Medical Officer and Director of Public Health of the relevant Health Board rather than the General Manager (regulation 5). They also increase the prescribed fee in respect of an application for registration which a Health Board may impose from £600 to £678 (regulation 6).

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Source: https://www.legislation.gov.uk/uksi/1991/1320/note (the official version)
Page: https://openlegislation.uk/nursing-homes-registration-scotland-amendment-regulations-1991/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.