Residential Care Homes Act

Residential Care Homes Regulations 2005

[GN 15 of 2005 – 29 January 2005] [Section 25]

1. These regulations may be cited as the Residential Care Homes Regulations 2005.

2. In these regulations –

"Act" means the Residential Care Homes Act;

"foster home" has the same meaning as in the Child Protection (Foster Care) Regulations 2002;

"manager" means a person who performs managerial functions of a residential care home;

"next of kin"–

(a) means spouse, child, father, mother, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece; and

(b) includes any person with whom a resident of a residential care home ordinarily resided, or under whose responsibility or control that person lived, or had been placed;

"nursing care" means the type of care that requires the intervention or supervision of a nurse registered under the Nursing Council Act;

"staff"–

(a) means the employees of a licensee; but

(b) does not include a volunteer or a person under a contract for services order as specified in the Community Service Order Act;

"volunteer" means any person who, with the permission of the manager, provides a service without remuneration in a residential care home.

3. (1) Any person who intends to carry on the business of a residential care home shall apply for a licence to the Board in the form set out in the First Schedule.

(2) The application made under paragraph (1) shall be accompanied by –

 (a) the documents specified in paragraph 3 of the application form;

 (b) such other information or documents as the Board may require; and

 (c) a non-refundable application fee of 1,000 rupees.

(3) On receipt of an application, the Board may make such inquiry and consult such persons or authorities as it may determine to ascertain whether the applicant is a fit and proper person to be granted a licence.

(4) Where the Board grants the application, it shall issue a licence to the applicant in the form set out in the Second Schedule on payment of a licence fee of –

 (a) 3,000 rupees, where the residential care home has less than 26 beds;

 (b) 6,000 rupees, where the residential care home has 26 beds or more.

(5) A licence issued under paragraph (3) shall be valid for a period of one year.

(6) (a) An application for the renewal of a licence shall be made to the Board in the form specified in the Third Schedule.

(b) After considering an application made under subparagraph (a), the Board may renew a licence issued under these regulations on payment of the licence fee specified in paragraph (4).

(7) The Board may refuse to grant or renew a licence where the building and other infrastructure of the residential care home do not comply with the minimum conditions specified in the Fourth Schedule.

(8) A new licence shall be required if the licensee transfers his residential care home from one place to another or if the conditions, in relation to the premises and the site, as specified in the Fourth Schedule, have substantially changed.

4. Every licensee shall –

(a) maintain records of the matters specified in the Fifth and Seventh Schedules for a period of not less than 3 years;

(b) ensure that the records referred to in paragraph (a) are kept up to date and confidential, except the information that is necessary for the benefit of a resident;

(c) before employing any person in a residential care home, ascertain that the prospective employee produces such information and documents as specified in the Sixth Schedule; and

(d) submit for inspection any relevant document at the request of the Board, or its inspectors.

5. (1) A licensee shall appoint as the head of his licensed residential care home a manager who shall be responsible for the residential care home.

(2) Where the manager of a residential care home is to be absent from the residential care home for a continuous period of 28 days or more, the licensee shall give notice, in writing, to the Board of the proposed absence.

(3) (a) The notice referred to in paragraph (2) shall be given not later than one month before the absence is due to start or within such shorter period as may be agreed with the Board.

 (b) The notice shall, in respect of the absence, specify–

  (i) its length or expected length; and

  (ii) the name, address and qualifications of the person who will replace the manager during his absence.

(4) Where the absence of a manager arises as a result of an emergency, the licensee shall give notice to the Board of such absence within one week of the occurrence of the emergency.

(5) The licensee shall notify the Board, in writing, of the resumption of duty of the manager within 7 days of his return.

6. A licensee shall not employ a person or allow a person to work as volunteer unless he is a fit and proper person to act as such.

7. (1) Every licensee shall provide adequate furniture, bedding and other furnishings, including curtains and floor coverings, and equipment suitable to the needs of every resident.

(2) The licensee may encourage a resident, so far it is practicable, to bring his own furniture and furnishings into the room he occupies.

8. (1) Every licensee shall keep the licensed premises clean and tidy and shall take all the necessary steps to keep those premises free from –

 (a) pests and rodents;

 (b) general and clinical wastes; and

 (c) undesirable odours.

(2) Every licensee shall keep –

 (a) the licensed premises in a good state of repair, both externally and internally;

 (b) every equipment provided on the licensed premises, for use by a resident or a person working on the premises, in good working condition.

9. (1) Every licensee shall keep a safe where the money or other valuables of the residents may be deposited.

(2) Every transfer of money or other valuables, whether by a resident to the licensee or by the licensee to the resident, shall be recorded in a special register kept by the licensee and signed by the resident and the licensee in respect of every operation.

(3) The licensee shall issue a receipt to a resident on every occasion the resident deposits money or other valuables.

10. Every licensee shall –

(a) give consideration to the social interests of a resident; and

(b) make necessary arrangements –

 (i) to enable the resident to engage in social activities, involving as far as possible his relatives and parents; and

 (ii) to visit, or maintain contact or communicate with his family and friends.

11. Every licensee shall provide suitable facilities for every resident to meet visitors in communal accommodation, or in private accommodation which is separate from the private room of the resident.

12. (1) Every licensee shall fix a minimum of 2 hours visiting time between 8.00 a.m. and 8.00 p.m.

(2) Notice of the visiting time shall be affixed at conspicuous places on the licensed premises.

13. Every licensee shall –

(a) provide telephone facilities, and make arrangements to enable every resident to use such facilities in private;

(b) make provisions for an alarm bell in the room occupied by every resident.

14. Every licensee shall promptly give notice to the Board of the occurrence of –

(a) the death of any resident and of the circumstances of his death;

(b) the outbreak of any infectious disease on the licensed premises which, in the opinion of any registered medical practitioner attending persons in the home, is sufficiently serious to be so notified;

(c) the unexplained absence of any resident;

(d) any serious injury to any resident;

(e) any serious illness of a resident at licensed premises where nursing is not provided;

(f) any event in the licensed premises may affect the well-being or safety of any resident;

(g) any theft, burglary, fire, or serious accident which occurs on the licensed premises; and

(h) any allegation of misconduct made against any person who works on the licensed premises.

15. Every licensee shall –

(a) ensure that every resident is given, so far as practicable, the opportunity to attend religious ceremonies and receive instructions which are in conformity with his

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.