Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 61/2015
• Year: 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th February, 2015.

I, LEO VARADKAR, 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 Older People) Regulations 2015.

(2) These Regulations come into operation on 1 March 2015.

Definitions

2. In these Regulations:

“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 under Regulation (8);

“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 designated centre for older people 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 for older people by the chief inspector is to take effect;

“designated centre for older people” means a designated centre to which paragraph (a)(iii) or paragraph (b) 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 for older people under section 48 of the Act.

Register

3. (1) The chief inspector shall establish and maintain a register of designated centres for older people.

(2) In addition to the requirements set out in Section 49(1) of the Act, the chief inspector shall enter into the register the matters set out in Schedule 3 and such other particulars relating to the designated centre for older people deemed relevant by the chief inspector from time to time.

(3) The chief inspector shall amend a 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 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 designated 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.

(4) 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 designated centre for older people in place of its registered provider.

Application for registration or renewal of registration

4. (1) A person seeking to register or renew the registration of a designated centre for older people, 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) In addition to the requirements set out in section 48(2) of the Act, an application for the registration of a designated centre for older people shall be accompanied by full and satisfactory information in regard to the matters set out in Part A of Schedule 2 and an application for renewal shall be accompanied by full and satisfactory information in regard to the matters set out in Part B of Schedule 2 in respect of:

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

(b) the person in charge or intended to be in charge and any other person who participates or will participate in the management of the designated centre.

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

(4) 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

5. (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, the details set out in Schedule 3.

(2) The chief inspector shall amend a certificate 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 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 designated centre, or

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

(c) 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.

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 designated centre for older people, and

(b) supply full and satisfactory information in regard to the matters set out in Schedule 2 in respect of the new person proposed to be in charge of the designated centre.

(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 designated centre for older people has ceased to be in charge, and

(b) supply full and satisfactory information, within 10 days of the appointment of a new person in charge of the designated centre, in regard to the matters set out in Schedule 2.

(3) The registered provider shall notify the chief inspector in writing of any change in the identity of any person participating in the management of a designated centre (other than the person in charge of the centre) within 28 days of the change and supply full and satisfactory information in regard to the matters set out in Schedule 2 in respect of any new person participating in the management of the designated centre.

(4) The registered provider shall give not less than 8 weeks notice in writing to the chief inspector if it is proposed to change any of the details previously supplied under paragraph 3 of Schedule 1 and shall supply full and satisfactory information in regard to the matters set out in Schedule 2 in respect of any new person proposed to be registered as a person carrying on the business of the designated centre for older people.

(5) The chief inspector may accept a later notification of any of the matters referred to in this Regulation where the chief inspector is of the opinion that it would be appropriate to do so.

Applications by registered providers for the variation or removal of conditions of registration

7. (1) A registered provider who wishes to apply under section 52 of the Act for the variation or removal of any condition or conditions of registration attached by the chief inspector under section 50 of the Act must make an application in the form...