The Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004 No. 662

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2004 No. 662
SOCIAL CARE, ENGLAND
CHILDREN AND YOUNG PERSONS, ENGLAND
The Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004

	Made	10th March 2004
	Laid before Parliament	10th March 2004
	Coming into force	1st April 2004

ARRANGEMENT OF REGULATIONS

PART I
GENERAL

1.	Citation, commencement and application

2.	Interpretation

PART II
FEES

3.	Registration Fees

4.	Variation fees

5.	Annual fees

PART III
FREQUENCY OF INSPECTIONS

6.	Frequency of inspections

7.	Revocation

The Secretary of State, in exercise of the powers conferred upon him by sections 12(2), 15(3), 16(3), 31(7), 45(4), 51(1) and 118(5) to (7) of the Care Standards Act 2000[1] and section 87D(2) of the Children Act 1989[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I
GENERAL
Citation, commencement and application
     1. - (1) These Regulations may be cited as the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004 and shall come into force on 1st April 2004.

    (2) These Regulations apply in relation to England only.

Interpretation
     2. - (1) In these Regulations -

"the Act" means the Care Standards Act 2000;

"the 1957 Act" means the Nurses Agencies Act 1957[

"approved place" means -

"boarding school" means a school (not being a residential special school or a school which is a children's home or a care home) providing accommodation for any child, and "school" has the meaning given to it in section 105(1) of the 1989 Act;

"certificate" means a certificate of registration;

"existing provider" means -

(b) a nurses agency provider;

"local authority fostering service" means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the Act;

"new provider" means a person who -

"nurses agency provider" means a person -

"previously exempt provider" means a provider -

(b) who, immediately before 1st April 2003, carried on an agency other than an agency for the supply of nurses within the meaning of the 1957 Act which the person was authorised to carry on from those premises under a licence granted to him under section 2 of that Act;

"registered manager" in relation to an establishment or agency means a person who is registered under Part 2 of the Act as the manager of the establishment or agency;

"registered person" means any person who is the registered provider or registered manager in respect of an establishment or agency;

"registered provider" in relation to an establishment or agency means a person who is registered under Part 2 of the Act as the person carrying on the establishment or agency;

"residential special school" means -

and which provides accommodation for any child;

"service user" means -

"small agency" means a domiciliary care agency or nurses agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;

"small establishment" means an establishment, other than an adult placement home, which has less than four approved places.

(2) In these Regulations -

PART II
FEES
Registration fees
3. - (1) For the purposes of section 12(2) of the Act, and, subject to paragraph (2), the fee to accompany -

(2) Where the establishment is a small establishment or an adult placement home or the agency is a small agency the fee shall be -

(3) 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 as a person who manages an establishment or agency other than a small establishment or an adult placement home or a small agency -

Variation fees
4. - (1) For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act ("the variation fee") shall, subject to paragraphs (2) and (3), be -

(a) in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), Ј792;

(b) in respect of a residential family centre, nurses agency or domiciliary care agency, Ј660.

(2) Where the establishment is a small establishment or an adult placement home or the agency is a small agency the fee shall be -

(a) in the case of an application referred to in paragraph (1)(a), Ј432;

(b) in the case of an application referred to in paragraph (1)(b), Ј360.

(3) In a case where the variation of a condition is a minor variation, the variation fee shall be -

(a) in the case of an application referred to in paragraph (1)(a), Ј72; and

(b) in the case of an application referred to in paragraph (1)(b), Ј60.

(4) For the purposes of paragraph (3) a "minor variation" is a variation which, in the opinion of the CSCI[13], if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the CSCI in accordance with regulations made under section 11(4) of the Act.

Annual fees
5. - (1) Subject to paragraphs (2) to (4), the registered provider, in respect of an establishment or agency, a relevant person[14] in respect of a boarding school, residential college or residential special school or a local authority in respect of a local authority fostering service, specified in column (1) of the Table below shall pay an annual fee and -

(b) shall be payable for the year beginning 1st April 2004 and subsequent years in accordance with column (5).

Column (1) Column (2) Column (3) Column (4) Column (5)

Establishment, agency, school or college, local authority fostering service Flat rate payable in all cases Rate payable for each approved place from the 4th to the 29th place inclusive Rate payable for the 30th and each subsequent approved place Annual fee due on

(a) Care home

Ј216 Ј72 Ј72 (a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;

(b) in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and

(c) in the case of a new provider -

(i) if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(b) Children's home

Ј720 Ј72 Ј72 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;[15]

(b) in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year;

(c) in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and

(d) in the case of a new provider -

(i) if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;

(ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(c) Fostering agency

Ј1,440           (a) if the certificate was issued -

(i) before 1st April 2003, on 1st April 2004 and thereafter on the anniversary of that date; or

(ii) on or after 1st April 2003 and before 1st April 2004, each year on the anniversary of the date of issue; or

(b) otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.

(d) Residential family centre)

Ј480 Ј60 Ј60 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;

(b) in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and

(c) in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(e) Domiciliary care agency

Ј900           (a) if the certificate was issued -

(i) before 1st April 2003, on 1st April 2004 and thereafter on the anniversary of that date; or

(ii) on or after 1st April 2003 and before 1st April 2004, each year on the anniversary of the date of issue; or

(b) otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date.

(f) Nurses agency

Ј600           (a) in the case of an existing provider -

(i) where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002,

on the anniversary first occurring after 1st April 2004 of the date on which the certificate was issued, and thereafter on the anniversary of that date;

(ii) where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st April 2003, on the anniversary first occurring on or after 1st April 2004 of the date on which the licence was granted, and thereafter on the anniversary of that date;

(iii) whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(a) of the relevant order, on the anniversary first occurring on or after 1st April 2004 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date;

(iv) whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(b) of the relevant order -

(aa) where the licence was granted to the provider by the local authority on or after 1st January 2001 but before 1st April 2001, on the anniversary first occurring on or after 1st April 2004 of the date on which the certificate was issued, and thereafter on the anniversary of that date;

(bb) where the licence was granted to the provider by the local authority on or after 1st April 2001 but before 1st January 2002, on the anniversary first occurring on or after 1st April 2004 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date; and

(b) in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.

(g) Boarding school and residential college

Ј360 Ј21.60 Ј10.80 (a) in the case of a school or college which was providing accommodation for any child on 1st January 2002, on 1st September in each year;

(b) in the case of a school or college established after 1st January 2002 and before 1st April 2004, on the anniversary of the date on which it was established;

(c) otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.

(h) Residential special school

Ј576 Ј57.60 Ј28.80 (a) in the case of a school which was providing accommodation for any child on 1st January 2002, on 1st September in each year;

(b) in the case of a school established after 1st January 2002 and before 1st April 2004, on the anniversary of the date on which it was established;

(c) otherwise, on the date of the establishment of the school, and thereafter on the anniversary of that date.

(i) Local authority fostering service

Ј1,440           in the case of a local authority which was discharging relevant fostering functions on 1st January 2002, on 1st April in each year, and in all other cases, on the first occasion on which such functions are first discharged, and thereafter on the anniversary of that date.

    (2) In the case of a care home which is an adult placement home, or a care home which is a small establishment, the annual fee shall be Ј144.

    (3) In the case of an establishment which is a small establishment, other than a care home which is a small establishment, the annual fee shall be the flat rate specified in column (2).

    (4) In the case of an agency which is a small agency, the annual fee payable shall be 50 per cent. of the flat rate specified in column (2).

PART III
FREQUENCY OF INSPECTIONS
Frequency of inspections
6. - (1) Subject to paragraphs (2) to (5), the CSCI shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected -

(2) Subject to paragraph (4), the CSCI shall arrange for premises which are used for the purposes of a local authority fostering service to be inspected once in every 12 month period.

(3) In the case of an establishment or agency, carried on by a person other than an existing provider, which is a care home or a children's home and in respect of which a person is registered for the first time -

    (4) In the case of an establishment or agency, carried on by a person other than an existing provider or a home mentioned in paragraph (3), in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.

    (5) Any inspection referred to in paragraphs (1) or (2) may be unannounced.

    (6) In this regulation "12 month period" means a period commencing on 1st April in any year and ending on 31st March in the following year.

Revocation
     7. The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003[16] are hereby revoked.

Signed by the authority of the Secretary of State for Health

Stephen Ladyman
Parliamentary Under Secretary of State, Department of Health

10th March 2004

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations partly replace, with amendments, the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003 ("the 2003 Regulations") and prescribe the fees that are to be paid to the Commission for Social Care Inspection ("the CSCI") by establishments and agencies (other than voluntary adoption agencies, independent hospitals, independent clinics and independent medical agencies) under Part 2 of the Care Standards Act 2000 ("the Act").

The National Care Standards Commission is abolished with effect from 1st April 2004 and its functions in relation to the regulation of certain establishments and agencies have been transferred to the CSCI pursuant to section 102 of the Health and Social Care (Community Health and Standards) Act 2003 as from that date.

The fees are payable -

In addition, regulation 5 prescribes the annual fee that is to be paid in respect of certain establishments and agencies under section 16(3) of the Act, the annual fee that is to be paid by a local authority fostering service under section 51(1) of the Act and the annual fee that is to be paid by boarding schools, residential special schools and residential colleges under section 87D of the Children Act 1989.

Regulation 6 prescribes the frequency of inspections of premises used for the purposes of certain establishments and agencies and of premises used for the purposes of a local authority fostering service.

The 2003 Regulations are revoked by regulation 7.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department of Health's website www.doh.gov.uk/regulatoryimpact/index.htm In addition, a copy can be obtained from Room 628, Wellington House, 133-155 Waterloo Road, London, SE1 8UG.

Notes:

[1] 2000 c. 14. Sections 31(7), 45(4) and 51(1) of the Care Standards Act 2000 have all been amended by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), section 147 and Schedule 9 ("the 2003 Act"). The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland or Northern Ireland, as the Secretary of State. See: section 121(1) for the definitions of "prescribed" and "regulations". The functions of the National Care Standards Commission under Part 2 are transferred either to the Commission for Healthcare Audit and Inspection or to the Commission for Social Care Inspection in accordance with section 102 of the 2003 Act with effect from 1st April 2004.back

[2] Section 87D was inserted into the Children Act 1989 (c. 41) by section 108(2) of the Care Standards Act 2000 (c. 14).back

[3] 5 & 6 Eliz. 2 c. 16.back

[4] 1984 c. 23.back

[5] 1989 c. 41.back

[6] S.I. 2001/3965; relevant amending instrument is S.I. 2003/1845.back

[7] S.I. 2002/3210.back

[8] Section 87(10) of the 1989 Act was amended by section 105 of the Care Standards Act 2000.back

[9] 1996 c. 56. Section 337 was substituted by the School Standards and Framework Act 1998, section 140(1) and Schedule 30, paragraph 80.back

[10] For fees and frequency of inspections in respect of voluntary adoption agencies, see the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 (S.I. 2003/368).back

[11] For fees and frequency of inspections in respect of independent medical agencies, see the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004 (S.I. 2004/661).back

[12] For fees and frequency of inspections in respect of independent hospitals and independent clinics, see the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004 (S.I. 2004/661).back

[13] See section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) for the definition of the CSCI and section 102 of that Act for the transfer of functions from the National Care Standards Commission to the CSCI.back

[14] Relevant person is defined in section 87(11) of the 1989 Act, as inserted by section 105 of the Care Standards Act 2000.back

[15] An annual fee is payable in respect of a children's home registered under Part 8 of the 1989 Act. However, an annual fee was not payable in respect of a voluntary home i.e. a home which was registered in a register kept for the purposes of section 60 of the 1989 Act.back

[16] S.I. 2003/753.back

ISBN 0 11 048886 5

Prepared 16 March 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20040662.html

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004 No. 662 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040662.html

Column (1)	Column (2)	Column (3)	Column (4)	Column (5)
Establishment, agency, school or college, local authority fostering service	Flat rate payable in all cases	Rate payable for each approved place from the 4th to the 29th place inclusive	Rate payable for the 30th and each subsequent approved place	Annual fee due on
(a) Care home	Ј216	Ј72	Ј72	(a) in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act; (b) in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and (c) in the case of a new provider - (i) if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(b) Children's home	Ј720	Ј72	Ј72	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;[15] (b) in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year; (c) in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and (d) in the case of a new provider - (i) if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(c) Fostering agency	Ј1,440			(a) if the certificate was issued - (i) before 1st April 2003, on 1st April 2004 and thereafter on the anniversary of that date; or (ii) on or after 1st April 2003 and before 1st April 2004, each year on the anniversary of the date of issue; or (b) otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.
(d) Residential family centre)	Ј480	Ј60	Ј60	(a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act; (b) in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and (c) in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(e) Domiciliary care agency	Ј900			(a) if the certificate was issued - (i) before 1st April 2003, on 1st April 2004 and thereafter on the anniversary of that date; or (ii) on or after 1st April 2003 and before 1st April 2004, each year on the anniversary of the date of issue; or (b) otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date.
(f) Nurses agency	Ј600			(a) in the case of an existing provider - (i) where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the anniversary first occurring after 1st April 2004 of the date on which the certificate was issued, and thereafter on the anniversary of that date; (ii) where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st April 2003, on the anniversary first occurring on or after 1st April 2004 of the date on which the licence was granted, and thereafter on the anniversary of that date; (iii) whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(a) of the relevant order, on the anniversary first occurring on or after 1st April 2004 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date; (iv) whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(b) of the relevant order - (aa) where the licence was granted to the provider by the local authority on or after 1st January 2001 but before 1st April 2001, on the anniversary first occurring on or after 1st April 2004 of the date on which the certificate was issued, and thereafter on the anniversary of that date; (bb) where the licence was granted to the provider by the local authority on or after 1st April 2001 but before 1st January 2002, on the anniversary first occurring on or after 1st April 2004 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date; and (b) in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
(g) Boarding school and residential college	Ј360	Ј21.60	Ј10.80	(a) in the case of a school or college which was providing accommodation for any child on 1st January 2002, on 1st September in each year; (b) in the case of a school or college established after 1st January 2002 and before 1st April 2004, on the anniversary of the date on which it was established; (c) otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.
(h) Residential special school	Ј576	Ј57.60	Ј28.80	(a) in the case of a school which was providing accommodation for any child on 1st January 2002, on 1st September in each year; (b) in the case of a school established after 1st January 2002 and before 1st April 2004, on the anniversary of the date on which it was established; (c) otherwise, on the date of the establishment of the school, and thereafter on the anniversary of that date.
(i) Local authority fostering service	Ј1,440			in the case of a local authority which was discharging relevant fostering functions on 1st January 2002, on 1st April in each year, and in all other cases, on the first occasion on which such functions are first discharged, and thereafter on the anniversary of that date.