Section 6 Registration fees.

After section 64 of the 1968 Act insert—

“ Registration fees.

64A

(1)

Subject to the provisions of this section, a local authority shall impose fees in respect of—

(a)

an application for registration made by any person in respect of the carrying on of any establishment to which this section applies;

(b)

the annual continuation of any such registration;

(c)

an application made by the person registered in respect of the establishment for a variation in any condition imposed under section 62(5) or (5A) of this Act; and

(d)

the issuing of a new certificate following any change in the information mentioned in section 62(6A) above made at the instance of or resulting from an application by the person registered in respect of the establishment.

(2)

This section applies to any establishment such as is mentioned in section 61(1) of this Act which is a residential establishment other than any establishment—

(a)

the whole or a substantial part of whose function is to accommodate children for the purposes of this Act; or

(b)

such as is mentioned in section 61A above.

(3)

The Secretary of State may prescribe—

(a)

the maximum fees which may be imposed by local authorities under this section; and

(b)

the times at which fees may be charged.

(4)

Subject to subsection 3(a) above, a local authority shall have regard to their reasonable expenses in carrying out their functions under this Part of this Act in fixing fees under this section:

Provided that where it appears to the authority to be appropriate they may charge a nominal fee, or remit the fee altogether.

(5)

Where an application for registration in respect of an establishment has been made to a local authority before the coming into force of this section no fee shall be payable in respect of that registration.”.

In section 94(1) of the 1968 Act (which defines terms used in that Act)—

After section 1 of the M1Nursing Homes Registration (Scotland) Act 1938 insert—

“ Registration fees.

1A

• A Health Board may impose fees, of such amounts and at such times as may be prescribed by the Secretary of State in regulations under this Act, in respect of—

  1. (a)

     an application for registration made by any person in respect of the carrying on of a nursing home;

  2. (b)

     the annual continuation of any such registration;

  3. (c)

     an application made under section 1(3F) above by the person registered in respect of the home for a variation in any condition such as is mentioned in section 1(3D) or (3E) above which has effect in relation to the home; and

  4. (d)

     the issuing under section 1(3) above of a new certificate following any variation, made as a result of an application under section 1(3F) above, in the conditions under section 1(3D) or (3E) above subject to which the registration has been granted.”.

In section 1(2) of the said Act of 1938 (which relates to the registration of nursing homes) the words “and shall be accompanied by such fee as may be so prescribed” shall cease to have effect.