Citation, commencement and application

1. —(1) These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Amendment (No. 3) Regulations 2002 and shall come into force on 1st January 2003.

(2) These Regulations apply to England only.

Amendment of the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001

2. —(1)The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001( 2 ) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation), in the definition of “new provider”, in paragraph (a) for “1st January 2003” substitute “1st April 2003”.

(3) In regulation 3(3)(a) (registration fees), for “1st January 2003” substitute “1st April 2003”.

(4) In regulation 5 (annual fees)—

(a) in paragraph (1), for the words “Subject to paragraphs (2) to (5)”, substitute “Subject to paragraphs (2) to (6)”;

(b) in the entry in the Table entitled “(k) Nurses agency”, for head (a) of column (5) substitute—

“ (a) in the case of an existing provider—

(i) where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the date on or after 1st April 2003 on which the certificate is issued; or

(ii) where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st January 2003, on the anniversary first occurring on or after 1st April 2003 of the date on which the licence was granted ” ;

(c) after paragraph (5) add—

“ (6) In the case of an existing provider whose licence (“the licence”) continued to be treated as valid after 31st December 2002 by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 ( 3 ) , the annual fee for 2003 shall be £622 payable—

(a) in a case where the licence was granted to the provider by the local authority between 1st January 2001 and 31st March 2001, on the date on or after 1st April 2003 on which the certificate is issued; and

(b) in a case where the licence was granted to the provider by the local authority between 1st April 2001 and 31st December 2001, in the following instalments of—

(i) £122, on the date on or after 1st April 2003 on which the certificate is issued; and

(ii) £500, on the anniversary first occurring on or after 1st April 2003 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid. ” .

(5) In regulation 6(5) (frequency of inspections), omit the words “except that, for the purposes of paragraph (1)(g) and (h), the first 12 month period shall be treated as commencing on 1st January 2003 and ending on 31st March 2004.”.