The Care Homes (Amendment No. 2) Regulations 2003
© Crown Copyright 2003
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The Secretary of State, in exercise of the powers conferred upon him by sections 22(1) and (7)(a), 25(1) and 118(5) to (7) of the Care Standards Act 2000, and all other powers enabling him in that behalf, having consulted such persons as he considers appropriate, hereby makes the following Regulations: -
Citation, commencement and application
1. - (1) These Regulations may be cited as the Care Homes (Amendment No. 2) Regulations 2003 and shall come into force on 1st September 2003.
(2) These Regulations apply to England only.
Amendment of the Care Homes Regulations 2001
2. - (1) The Care Homes Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 5 (service user's guide), after paragraph (2) there shall be inserted the following paragraph -
(b) supply a copy to that person.".
(3) After regulation 5, there shall be inserted the following regulation -
5A - (1) This regulation shall apply where nursing is provided by the care home.
(2) The registered person shall provide to each service user, by not later than the day on which he becomes a service user, a statement specifying -
(ii) nursing; and
(iii) personal care,
and, except where a single fee is payable for those services, the services to which each fee relates;
(3) The registered person shall notify the service user at least one month in advance of -
(b) any variation in the matters referred to in paragraph (2)(b).
(4) The registered person shall inform the service user -
(b) in any other case, as soon as it becomes practicable to do so,
as to whether a nursing contribution is to be paid in respect of nursing to be provided at the care home to the service user.
(b) either -
(ii) if the nursing contribution is not to be so paid or deducted, whether and if so how it is taken into account for the purpose of calculating those fees.
(6) In this regulation, "nursing contribution" means a payment by a Primary Care Trust to the registered person in respect of nursing to be provided to a service user at the care home, but does not include a payment where -
(b) the payment relates to any period for which under those arrangements accommodation is provided at the care home to the service user.".
(4) In regulations 36 and 43 (offences), after "5," there shall be inserted "5A,".
(This note is not part of the Regulations)
These Regulations amend the Care Homes Regulations 2001 to provide that a person registered in respect of carrying on or managing a care home ("the registered person") must:
Failure by the registered person to comply with the requirements mentioned above is made an offence (regulation 2(4)).
 2000 c. 14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland and Northern Ireland as the Secretary of State. See section 121(1) for the definitions of "prescribed" and "regulations".back
 See section 16A of the National Health Service Act 1977 (c. 49). Section 16A was inserted by section 2(1) of the Health Act 1999 (c.8), and amended by section 2(1) to (3) of the National Health Service Reform and Health Care Professions Act 2002 (c.17).back
ISBN 0 11 046781 7
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