Health Act 2007

101

Regulations respecting designated centres.

101.— F106[(1) Without limiting the generality of section 98, for the purpose of ensuring proper standards in relation to designated centres, the Minister (other than in respect of matters to which subsection (1A) relates)—

(a) shall make regulations as the Minister, after such consultation with the Minister for Children, Equality, Disability, Integration and Youth as may be appropriate, thinks appropriate, and

(b) may make different regulations for different purposes and for different categories of designated centres.]

F107[(1A) For the purpose of ensuring proper standards in relation to designated centres, the Minister for Children, Equality, Disability, Integration and Youth, in relation to the performance by the Executive of its specialist community-based disability services functions—

(a) shall make regulations as that Minister, after such consultation with the Minister as may be appropriate, thinks appropriate, and

(b) may make different regulations for different purposes and for different categories of designated centres.]

(2) Without limiting the generality of subsection (1) F107[or (1A)], regulations under this section may provide as respects one or more of the following:

(a) the maintenance, care, welfare and well-being of persons resident in a designated centre;

(b) the numbers, qualifications and availability of persons employed in a designated centre;

(c) the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of a designated centre;

(d) the accommodation (including the amount of space in bedrooms and wards, the washing facilities and the sanitary conveniences) provided in a designated centre;

(e) the food provided for persons while resident in a designated centre;

(f) the records to be kept in a designated centre;

(g) the effecting by registered providers of designated centres of contracts of insurance against injury to persons resident in them;

(h) the management and control of the operations of a designated centre;

(i) the notification of incidents occurring in designated centres;

(j) the giving of notice by the registered provider of periods during which—

(i) the registered provider, or

(ii) the F108[person in charge], if the registered provider is not the F108[person in charge] of the designated centre,

proposes to be absent from the designated centre, and specifying the information to be supplied in the notice;

(k) adequate arrangements for the running of a designated centre during a period when the F109[person in charge] is absent from it.

(3) Without limiting the generality of subsection (1), regulations under this section—

F110[(a) may, subject to any regulations made under Part 9 of the Health Act 2004, require registered providers—

(i) to make adequate arrangements for an accessible and effective procedure for dealing with complaints made by or on behalf of a person who is or was receiving any of the services provided through a designated centre or who is seeking or has sought any such service,

(ii) to nominate a member of staff of a designated centre to be the complaints officer and another member of such staff to be the review officer to investigate and review complaints for the designated centre,

(iii) to ensure that persons employed in the designated centre are appropriately trained on the arrangements for dealing with complaints, and

(iv) to publicise the arrangements for dealing with complaints,]

(b) may prescribe for specified provisions of this Act to apply with prescribed modifications, if any, in cases where a person is appointed by or under the law to take charge of a designated centre in place of its registered provider,

(c) may provide for a designated centre referred to in paragraph (b) to be carried on for a prescribed period by a person who is not registered in respect of it, and

(d) may include provision for the prescribed period to be extended by a further period the chief inspector may allow.

Annotations

Amendments:

F106

Substituted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 57(a), S.I. No. 666 of 2022.

F107

Inserted (1.03.2023) by Health (Miscellaneous Provisions) Act 2022 (6/2022), s. 57(a), (b), S.I. No. 666 of 2022.

F108

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64(4)(a), commenced on enactment.

F109

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64(4)(b), commenced on enactment.

F110

Substituted (23.09.2024) by Health (Miscellaneous Provisions) (No. 2) Act 2024 (29/2024), s. 18, S.I. No. 461 of 2024.

Editorial Notes:

E60

Power pursuant to section exercised (5.12.2022) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2022 (S.I. No. 628 of 2022).

E61

Power pursuant to section exercised (29.03.2018) by Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018 (S.I. No. 108 of 2018).

E62

Power pursuant to section exercised (1.01.2018) by Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017 (S.I. No. 635 of 2017), in effect as per reg. 1(2).

E63

Power pursuant to section exercised (1.01.2018) by Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017 (S.I. No. 634 of 2017), in effect as per reg. 2.

E64

Power pursuant to section exercised (2.10.2017) by Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2017 (S.I. No. 430 of 2017), in effect as per reg. 1.

E65

Power pursuant to section exercised (2.10.2017) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2017 (S.I. No. 428 of 2017), in effect as per reg. 1.

E66

Power pursuant to section exercised (7.06.2016) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2016 (S.I. No. 293 of 2016).

E67

Power pursuant to section exercised (29.05.2015) by Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) (Amendment) Regulations 2015 (S.I. No. 226 of 2015), in effect as per reg. 2.

E68

Power pursuant to section exercised (1.03.2015) by Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2015 (S.I. No. 61 of 2015), in effect as per reg. 1(2).

E69

Power pursuant to section exercised (1.07.2014) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013), in effect as per reg. 1(2).

E70

Power pursuant to section exercised (1.11.2013) by Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 367 of 2013), in effect as per reg. 1(2).

E71

Power pursuant to section exercised (1.11.2013) by Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 366 of 2013), in effect as per reg. 1(2).

E72

Previous affecting provision: subs. (1)(a) amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 17, S.I. No. 502 of 2013; substituted (1.03.2023) as per F-note above.

E73

Previous affecting provision: power pursuant to section exercised (1.01.2014) by Health Act 2007 (Registration of Designated Centres for Older People) (Amendment) Regulations 2013 (S.I. No. 493 of 2013), in effect as per reg. 1(2); revoked (1.03.2015) by Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2015 (S.I. No. 61 of 2015), reg. 11(c), in effect as per reg. 1(2).

E74

Previous affecting provision: power pursuant to section exercised (30.03.2012) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012 (S.I. No. 95 of 2012), in effect as per reg. 2; revoked (1.07.2014) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013), reg. 35.

E75

Previous affecting provision: power pursuant to section exercised (15.02.2010) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 36 of 2010), in effect as per reg. 2; revoked (1.07.2014) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013), reg. 35.

E76

Previous affecting provision: subs. (3)(a) substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64(4)(c), commenced on enactment; substituted (23.09.2024) as per F-note above.

E77

Previous affecting provision: power pursuant to section exercised (1.07.2009) by Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009 (S.I. No. 245 of 2009), in effect as per reg. 1(2); revoked (1.03.2015) by Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2015 (S.I. No. 61 of 2015), reg. 11(a), in effect as per reg. 1(2).

E78

Previous affecting provision: power pursuant to section exercised (1.07.2009) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (S.I. No. 236 of 2009), in effect as per reg. 2; as amended (15.02.2010) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2010 (S.I. No. 36 of 2010), in effect as per reg. 2, and (30.03.2012) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012 (S.I. No. 95 of 2012), in effect as per reg. 2; all revoked (1.07.2014) by Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013), reg. 35.