Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 366/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st November, 2013.

I, JAMES REILLY, 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 for Persons (Children and Adults) with Disabilities) Regulations 2013.

(2) These Regulations come into operation on 1 November, 2013.

Interpretation

2. “the Act” means the Health Act 2007 ;

“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 9, by a registered provider from the date specified in Regulation 9(3); or

(b) under Regulation 10, by a person carrying on the business of a designated centre in accordance with section 69 of the Act from 1 November, 2013 until such time as registration is granted by the chief inspector under section 50 of the Act and the person accordingly becomes the designated centre’s registered provider;

“the Authority” means the Health Information and Quality Authority;

“certificate of registration” means a certificate issued by the chief inspector on granting an application for the registration or renewal of registration of a desig-nated centre under section 50 of the Act or when complying with an order of the District Court under section 57 of the Act;

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

“date of registration” means the date on which registration of a designated centre by the chief inspector is to take effect;

“designated centre” means an institution to which pararagraph (a)(ii) of the definition of “designated centre” in section 2 of the Act applies;

“registration fee” means the fee payable to the Authority by a person seeking to register or renew the registration of a designated centre under section 48 of the Act.

Amount to be exceeded by way of assistance to service provider under section 39 of Health Act 2004

3.(1) For the purposes of subparagraph (b)(i) of the definition of “service provider” in section 2(1) of the Act, the prescribed amount shall be €10,000.

Registers

4.(1) The chief inspector shall establish and maintain a separate register for each category of designated centre referred to in these regulations.

(2) In addition to the requirements set out in section 49(1) of the Act, the chief inspector shall enter in a register—

(a) a statement of the maximum number of residents who may be accommodated at any one time at the designated centre during the period of registration as the chief inspector may decide from time to time, whether such maximum number is provided for in a condition attaching to the registration, or otherwise; and

(b) such other particulars relating to the designated centre deemed relevant by the chief inspector.

(3) When entering the name of a registered provider in accordance with section 49(1)(b) of the Act, the chief inspector shall enter the name of—

(i) the individual, where the registered provider is a natural person;

(ii) all partners, where the registered provider is a partnership;

(iii) all directors, where the registered provider is a company;

(iv) the name of the governing body where the registered provider is a body established under the Health Acts 1947 to 2013 or a body established under the Health (Corporate Bodies) Act 1961 ; and

(v) all members of the committee of management or other controlling authority where the registered provider is an unincorporated body.

(4) The chief inspector shall amend a register—

(a) on receiving confirmation under Regulation 7 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 a decision notified to the registered provider under section 55(1) of the Act;

(i) to vary or remove a condition attached to registration of a desig-nated centre, or

(ii) to attach an additional condition to registration of a designated centre or

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

(5) When the chief inspector receives notice under Regulation 11 from a registered provider of intention to cease to carry on the business of the designated centre and close the designated centre, the chief inspector shall make a note to that effect in the appropriate register.

(6) The chief inspector shall note the appropriate register where a person has been appointed by or under the law to take charge of a designated centre in place of its registered provider.

(7) When the chief inspector has been notified by a person under section 69 of the Act that the person is carrying on the business of a designated centre, the chief inspector shall note on a register the name and address of the designated centre and the name and address of the person carrying on the business of the designated centre.

Application for registration or renewal of registration

5.(1) A person seeking to register a designated centre, including a person carrying on the business of a designated centre in accordance with section 69 of the Act, 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 1.

(2) A person seeking to renew the registration of a designated centre shall make an application for the renewal of registration to the chief inspector in the form determined by the chief inspector and shall include the information set out in Schedule 2.

(3) In addition to the requirements set out in section 48(2) of the Act, an application for the registration or the renewal of registration of a designated centre shall be accompanied by the following:

(a) full and satisfactory information in regard to the matters set out in Schedule 3 in respect of the person who is the registered provider, or intended registered provider, including:

(i) an individual, where the registered provider, or intended regis-tered provider, is a natural person;

(ii) all partners, where the registered provider, or intended registered provider, is a partnership; or

(iii) all directors, where the registered provider, or intended regis-tered provider, is a company;

(iv) a body established under the Health Acts 1947 to 2013 or the Health (Corporate Bodies) Act 1961 where the body is the regis-tered provider or intended registered provider; or

(v) all members of the committee of management or other controlling authority where the registered provider, or intended registered provider, is an unincorporated body;

(b) full and satisfactory information in regard to the matters set out in Schedule 3 in respect of the person in charge or to be in charge of the designated centre and any other person who participates or will participate in the management of the designated centre;

(c) evidence that the designated centre complies with the Planning and Development Acts 2000-2013 and any building bye-laws that may be in force;

(d) written confirmation from a properly and suitably qualified person with experience in fire safety design and management that all statu-tory requirements relating to fire safety and building control have been complied with;

(e) a copy of any contracts of insurance taken out in accordance with Regulation 22 of the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013;

(f) a copy of the written guide produced for residents in accordance with Regulation 20 of the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 and an example of any brochure or advertisement used or to be used for the designated centre;

(g) a statement of the maximum number of residents the applicant con-siders can be accommodated at the designated centre; and

(h) a statement of the maximum number of residents who will be accommodated at the designated centre at any one time during the period of registration, and for which the registered provider is requesting approval by the chief inspector in the application for the registration or the renewal of registration of the designated centre.

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

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

Issuing of certificates and contents of certificates of registration

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

(a) the name, address and telephone number of the designated centre;

(b) the name, principal address and principal telephone number of the registered provider;

(c) the name and telephone number of the person in charge of the designated centre;

(d) the name and position of each other person participating in the management of the designated centre;

(e) the maximum numbers of residents who can be accommodated at the designated centre;

(f) the maximum number of residents who will be accommodated at the designated centre in accordance with the information provided by the applicant under Regulation 5(3)(h);

(g) the date of registration and the...