Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017

• Jurisdiction: Ireland
• Citation: IR SI 635/2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th January, 2018.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by sections 98 , 99 and 101 of the Health Act 2007 (No. 23 of 2007) (as adapted by the Health and Children (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 219 of 2011 )), hereby make the following regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017.

(2) These Regulations come into operation on 1 January, 2018.

Interpretation

2. In these Regulations—

“the Act of 1991” means the Child Care Act 1991 (No. 17 of 1991);

“the Act of 2007” means the Health Act 2007 (No. 23 of 2007);

“the Act of 2011” means the Child Care (Amendment) Act 2011 (No. 19 of 2011);

“annual fee” means a fee, including any portion of a fee, payable to the Authority in respect of each 12 month period or portion thereof—

(a) under Regulation 8, by a registered provider from the date specified in paragraph (6) of that Regulation, or

(b) under Regulation 9, by a person carrying on the business of a special care unit in accordance with section 48 of the Act of 2011 from the date these Regulations come into operation until such time as registration is granted by the chief inspector under section 50 of the Act of 2007 and the person accordingly becomes the unit’s registered provider;

“Authority” means the Health Information and Quality Authority established under section 6 of the Health Act 2007 ;

“certificate of registration” means a certificate issued by the chief inspector on granting an application for the registration or renewal of registration of a special care unit under section 50 of the Act of 2007 or when complying with an order of the District Court under section 57 of the Act of 2007;

“chief inspector” means the person who is for the time being appointed Chief Inspector of Social Services in accordance with section 40 of the Act of 2007;

“child” means a child that requires special care in accordance with the provisions of section 23F (inserted by section 10 of the Act of 2011) of the Act of 1991;

“competent person” means a person who possesses sufficient training, qualifications, experience and knowledge appropriate to—

(a) the nature of the fire safety risk assessment, having regard to the size or hazards (or both) of the building to be assessed, and

(b) relevant health and safety requirements in relation to active and on-going fire safety management;

“date of registration” means the date on which registration of a special care unit by the chief inspector is to take effect;

“registration fee” means the fee payable to the Authority by a person seeking to register or renew the registration of a special care unit under section 48 of the Act of 2007;

“staff member” means a person employed by the registered provider to work at the special care unit and includes a person employed by another agency who is working at the special care unit, but does not include a person who works in the special care unit as an intern, a trainee, a person on a placement as part of a vocational training course or a person engaged under a contract for services;

“special care unit” has the meaning assigned to it in section 23A (inserted by section 10 of the Act of 2011) of the Act of 1991;

Register

3. (1) The chief inspector shall establish and maintain a register of special care units (in these Regulations referred to as “the register”) registered under these Regulations.

(2) In addition to the requirements set out in section 49(1) of the Act of 2007, the chief inspector shall enter into the register the information set out in Schedule 1 and such other particulars relating to the special care unit deemed relevant by the chief inspector from time to time.

(3) The chief inspector shall amend the register—

(a) on receiving notice under Regulation 6 of any change to information supplied for registration purposes where the change is acceptable to the chief inspector,

(b) on the taking effect, in accordance with section 55(3) of the Act of 2007 of a decision, notified to the registered provider under section 55(1) of that Act, to—

(i) vary or remove a condition attached to registration of a special care unit, or

(ii) attach an additional condition to registration of a special care unit, or

(c) when complying with an order by the District Court in accordance with section 57(4) of the Act of 2007 or with an order by the Circuit Court in accordance with section 62 of the Act of 2007, to vary or remove a condition or attach an additional condition.

(4) When the chief inspector receives notice under Regulation 10 from a registered provider of the intention to cease to carry on the business of a special care unit and close the unit, the chief inspector shall make a note to that effect in the register.

(5) The chief inspector shall make a note in the register where a person has been appointed by or under the law to take charge of a special care unit in place of its registered provider under section 68 of the Act of 2007.

(6) When the chief inspector has been notified by a person under section 48(7) of the Act of 2011 that the person is carrying on the business of a special care unit, the chief inspector shall note on the register the name and address of the unit and the name and address of the person carrying on the business of the unit.

Application for registration or renewal of registration

4. (1) A person seeking to register or renew the registration of a special care unit, including a person carrying on the business of a special care unit in accordance with section 48(6) of the Act of 2011, shall make an application for its registration to the chief inspector in the form determined by the chief inspector and shall include the information set out in Schedule 2, along with such additional information and documentation in such forms as the chief inspector may reasonably require.

(2) In addition to the requirements set out in section 48(2) of the Act of 2007, an application for the registration or the renewal of registration of a special care unit shall be accompanied by—

(a) the information and documents set out in Schedule 3 in respect of—

(i) the person who is the registered provider, or intended registered provider, and

(ii) the person in charge or to be in charge of the special care unit and any other person who participates, or will participate, in the management of the special care unit, and

(b) a certificate in writing from a competent person verifying compliance with the special care unit’s fire safety policy, such policy having regard to, but not being limited by, those matters outlined in Schedule 4 to these Regulations.

(3) Notwithstanding the requirements of paragraph (2), in the case of an application for the renewal of registration the application is not required to be accompanied by the information and documents set out in paragraph 3(d), (e), (f), (g), (h) and (i) of Schedule 3, in respect of the person in charge and any other persons participating in the management of the special care unit, in circumstances where there is no change to the information that is currently published on the register and a declaration, in a format prescribed by the chief inspector, is signed to that effect, by the applicant.

(4) The fee to accompany an application for the registration or the renewal of registration of a special care unit under section 48 of the Act of 2007 is €500.

(5) In accordance with section 48(2)(c) of the Act of 2007, an application under this article is not complete unless accompanied by the prescribed fee.

(6) Fees prescribed under this Regulation are payable to the Authority.

Issuing of certificates and contents of certificates of registration

5. (1) In addition to the requirements set out in section 50(3) of the Act of 2007, the chief inspector shall note on a certificate of registration issued in accordance with that section, the information set out in Schedule 1.

(2) The chief inspector shall amend a certificate of registration and issue the amended certificate to the registered provider as soon as practicable after—

(a) receiving notice under Regulation 6 of any change to information supplied for registration purposes where the change is acceptable to the chief inspector,

(b) the taking effect, in accordance with section 55(3) of the Act of 2007, of a decision notified to the registered provider under section 55(1) of that Act—

(i) to vary or remove a condition attached to registration of a special care unit, or

(ii) to attach an additional condition to registration of a special care unit, or

(c) complying with an order by the District Court in accordance with section 57(4) of the Act of 2007, or with an order by the Circuit Court in accordance with section 62 of the Act of 2007, to vary or remove a condition or attach an additional condition.

Changes to information supplied for registration purposes

6. (1) The registered provider shall as soon as practicable—

(a) give notice in writing to the chief inspector of any intended change in the identity of the person in charge of a special care unit, and

(b) the information set out in paragraph 5 of Schedule 2 and paragraph 3 of Schedule 3 in respect of the new person proposed to be in charge of the special care unit.

(2) Notwithstanding paragraph (1), the registered provider shall in any event—

(a) notify the chief inspector in writing, within 10 days of this occurring, where the person in charge of a special care unit has ceased to be in charge, and

(b) supply, within 10 days of the appointment of a new person in charge of the special care unit, the information set out in paragraph 5 of Schedule 2 and paragraph 3 of Schedule 3 in respect of the new...