S.I. 2004/2071: memorandum from
the Department of Health
Adult Placement Schemes (England) Regulations
2004 (S.I. 2004/2071)
1. The Committee has requested a Memorandum from
the Department of Health on the following point:-
2. Explain the need for regulation 4(3).
3. Regulation 4 of the Regulations provides that
the registered provider of an adult placement scheme must compile,
in relation to the scheme, a written statement of purpose setting
out the aims and objectives of the scheme including the matters
listed in Schedule 1 to the Regulations. The statement is then
provided to the Commission for Social Care Inspection (being the
regulatory body), and the intention is that the scheme will be
carried on in accordance with the terms of that written statement.
4. The intention behind regulation 4(3) is to ensure
that nothing in the statement of purpose, or in regulation 27
(which states that the scheme's premises must be suitable for
achieving the aims and objectives of the scheme as set out in
the statement of purpose), is to be seen as authorising the registered
provider or manager to contravene any other provision of the Regulations,
or any condition(s) for the time being in force in relation to
the provider's registration under Part 2 of the Care Standards
Act 2000 pursuant to section 13(3) of that Act.
5. The purpose behind the regulation is therefore
to ensure that if the statement of purpose contains a provision
in relation to the aims and objectives of the scheme which conflicts
with another provision in the Regulations, or with a condition
of registration, then the Regulations and any condition(s) of
registration take precedence over such aims/objectives in the
statement of purpose. The Department wished to be helpful to providers
and managers of schemes by making this clear.
6. A similar provision has been inserted in several
other sets of regulations made under Part 2 of the Act.
18th October 2004
