298.The arrangements provided for under Part I of the Registered Homes Act 1984 apply to residential care homes, defined in section 1 as homes which provide or intend to provide board and personal care for persons who for various reasons, including age and disability, are in need of it. Several exemptions are identified, including hospitals and nursing homes (both NHS and those registered under Part II of the Act), children’s homes (as defined in the Children Act 1989) and schools as well as, in certain limited circumstances, homes accommodating no more than three people. The registering authority for residential care homes is defined in section 20 as the local social services authority for the area in which the home is situated.
299.Sections 4 to 9 set out the requirements and procedures for registration, including payment of a registration fee and an annual fee and the requirement for conditions of registration to be specified on the certificate of registration. Registration is granted unless a ground for refusing registration is made out (section 9). These grounds relate to the fitness of the person, the fitness of the premises and the provision of adequate services. Registration may be cancelled for example, on any grounds which would lead to an application for registration being refused, if an offence against the Act has been committed or if a condition of registration has been breached (section 10). An urgent procedure, requiring application to a magistrate, can be used if there is serious risk to life, health or well-being of the residents in the home (section 11).
300.Section 12 requires the registering authority to serve a notice on the provider where the authority proposes to:
	grant registration subject to conditions not already agreed with the applicant;
	refuse registration;
	cancel registration (unless this is being sought through the emergency procedure)
	vary an existing condition of registration or impose an additional condition of registration.
301.In these cases the provider has a right to make representations before the authority finalises its decision (section 13). When the decision is made the provider has a right of appeal if they are not satisfied. Appeals are heard by the Registered Homes Tribunal (Section 15). The decision will not take effect until the representations and appeal process has been completed. However, if the urgent procedure is used, the home closes immediately and any appeal is heard after the home has closed.
302.Section 16 sets out regulation making powers, section 17 details the Secretary of State’s powers of inspection (exercised through the registering authority), and section 18 sets out defences that may be used in proceedings brought under the Act.
ANNEX 1: Existing Legislation The Registered Homes Act 1984 Part I