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Regulations and standards |
| Regulation of establishments and agencies. |
21. - (1) Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and may in particular make any provision such as is mentioned in subsection (2), (6) or (7).
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(2) Regulations may-
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(a) make provision as to the persons who are fit to carry on or manage an establishment or agency; |
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(b) make provision as to the persons who are fit to work at an establishment or for the purposes of an agency; |
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(c) make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency; |
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(d) make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency; |
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(e) make provision for securing the welfare of children placed, under section 23(2)(a) of the 1989 Act, by a fostering agency; |
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(f) make provision as to the management and control of the operations of an establishment or agency; |
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(g) make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency; |
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(h) make provision as to the management and training of such persons; |
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(i) impose requirements as to the financial position of an establishment or agency; |
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(j) make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances. |
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(3) Regulations under subsection (2)(b) may, in particular, make provision for prohibiting persons from working in such positions as may be prescribed at an establishment, or for the purposes of an agency, unless they are registered in, or in a particular part of, one of the registers maintained under section 52(1).
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(4) Regulations under paragraph (d) of subsection (2) may, in particular, make provision-
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(a) as to the promotion and protection of the health of persons such as are mentioned in that paragraph; |
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(b) as to the control and restraint of adults accommodated in, or provided with services by, an establishment; |
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(c) as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment. |
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(5) Regulations under paragraph (e) of subsection (2) may, in particular, make provision-
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(a) as to the promotion and protection of the health of children such as are mentioned in that paragraph; |
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(b) as to the control, restraint and discipline of such children. |
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(6) Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular-
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(a) make provision as to the facilities and services to be provided in establishments and by agencies; |
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(b) make provision as to the keeping of accounts; |
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(c) make provision as to the keeping of records; |
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(d) make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies; |
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(e) make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice; |
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(f) provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it; |
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(g) make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on; |
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(h) make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers; |
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(i) make provision requiring the payment of a fee of such amount as may be prescribed in respect of any notification required to be made by virtue of paragraph (h); |
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(j) make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements; |
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(k) make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards. |
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(7) Regulations may make provision-
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(a) requiring the approval of the appropriate Minister for the provision and use of accommodation for the purpose of restricting the liberty of children in children's homes; |
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(b) imposing other requirements (in addition to those imposed by section 25 of the 1989 Act (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose mentioned in paragraph (a), including a requirement to obtain the permission of any local authority who are looking after the child; |
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(c) as to the facilities which are to be provided for giving religious instruction to children in children's homes. |
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(8) References in this section to agencies do not include references to voluntary adoption agencies.
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(9) In subsection (6)(k), "listed services" has the same meaning as in section 2.
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| National minimum standards. |
22. - (1) The appropriate Minister may prepare and publish statements of national minimum standards applicable to establishments or agencies.
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(2) The appropriate Minister shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
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(3) Before issuing a statement, or an amended statement which in the opinion of the appropriate Minister effects a substantial change in the standards, the appropriate Minister shall consult any persons he considers appropriate.
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(4) The standards shall be taken into account-
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(a) in the making of any decision by the registration authority under this Part; |
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(b) in any proceedings for the making of an order under section 19; |
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(c) in any proceedings on an appeal against such a decision or order; and |
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(d) in any proceedings for an offence under regulations under this Part. |
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Offences |
| Failure to comply with conditions. |
23. If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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| Contravention of regulations. |
24. - (1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
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(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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| Holding out premises as an establishment or agency. |
25. - (1) A person who, with intent to deceive any person-
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(a) applies any name to premises in England or Wales; or |
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(b) in any way describes such premises or holds such premises out, |
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so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.
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(2) References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.
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