PART I GENERAL

Citation, commencement and application

1. —(1) These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 and shall come into force on 30th April 2003.

(2) These Regulations apply to England only.

Interpretation

2. —(1) In these Regulations—

“the Act” means the Care Standards Act 2000;

“branch” means a branch which is not a small branch;

“existing agency” means an adoption society which is approved under Part I of the Adoption Act 1976( 2 );

“existing provider” means a person who carries on an existing agency;

“new provider” means a person who carries on a voluntary adoption agency for the first time on or after 30th April 2003( 3 );

“principal office” means a principal office which is not a small principal office;

“registered provider” means a person who is registered under Part II of the Act as the person carrying on the voluntary adoption agency;

“relevant number of staff” means seven full-time staff or the equivalent but does not include the manager or, as the case may be, branch manager, appointed in accordance with the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003( 4 );

“small branch” means a branch where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part IV of the Act( 5 );

“small principal office” means a principal office where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part IV of the Act.

PART II FEES

Registration fees

3. —(1) For the purposes of section 12(2) of the Act, the fee to accompany an application by a voluntary organisation seeking to be registered under Part II of the Act as the person who carries on a voluntary adoption agency( 6 ) shall, subject to paragraph (2), be—

(a) £1,100; and, where applicable,

(b) if the voluntary adoption agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £1,100 in respect of each branch; and

(ii) £300 in respect of each small branch.

(2) Where the voluntary adoption agency has a small principal office, the fee shall be—

(a) £300; and, where applicable,

(b) if the voluntary adoption agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £1,100 in respect of each branch; and

(ii) £300 in respect of each small branch.

Variation fees

4. —(1) For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act, (“the variation fee”) shall, subject to paragraphs (2) and (3) be—

(a) £550, unless sub-paragraph (b) applies; or

(b) where the application is for the variation or removal of a condition for the time being in force in relation to an agency that has a small principal office only, £300.

(2) Where the application is an application for the variation or removal of a condition for the time being in force and which relates to the establishment of a branch or small branch, the fee shall be—

(a) £1,100 in respect of each proposed new branch; and

(b) £300 in respect of each proposed new small branch.

(3) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the variation fee shall be £50.

(4) For the purposes of paragraph (3), a “minor variation” is a variation which, in the opinion of the Commission, if the application for the variation of the condition were granted would involve no material alteration to the register kept by the Commission in accordance with regulations made under section 11(4) of the Act.

Annual fees — voluntary adoption agencies

5. —(1) The registered provider shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be—

(a) £500; and, where applicable,

(b) if the agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £500 in respect of each branch; and

(ii) £250 in respect of each small branch.

(2) Where the agency has a small principal office, the amount of the annual fee shall be—

(a) £250; and, where applicable,

(b) if the agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of—

(i) £500 in respect of each branch; and

(ii) £250 in respect of each small branch.

(3) The annual fee shall first be payable (“the first date”), in the case of—

(a) an existing provider, on 30th April 2003; and

(b) a new provider, on the date on which the certificate of registration is issued,

and thereafter shall be payable on the anniversary of the first date.

Annual fees — local authorities

6. —(1) A local authority shall pay an annual fee in respect of the discharge by the authority of relevant adoption functions( 7 ) and the amount of the annual fee shall be £500.

(2) The annual fee shall first be payable (“the first date”), in the case of—

(a) a local authority that is discharging relevant adoption functions on the date on which these Regulations come into force, on 30th April 2003; and

(b) in all other cases on the date on which a local authority first discharges relevant adoption functions,

and thereafter shall be payable on the anniversary of the first date.

PART III FREQUENCY OF INSPECTIONS

Frequency of inspections — voluntary adoption agencies

7. —(1) The Commission shall arrange for premises which are used for the purposes of an agency to be inspected a minimum of once in every 3 year period.

(2) Any inspection referred to in paragraph (1) may be unannounced.

(3) The first 3 year period shall commence in the case of—

(a) an existing provider, on 30th April 2003; and

(b) a new provider, the date on which the certificate of registration is issued.

Frequency of inspections — local authorities

8. —(1) The Commission shall arrange for premises which are used for the purposes of the discharge of relevant adoption functions by a local authority to be inspected a minimum of once in every 3 year period.

(2) Any inspection referred to in paragraph (1) may be unannounced.

(3) The first 3 year period shall commence—

(a) in the case of a local authority that is discharging relevant adoption functions on the date on which these Regulations come into force, on 30th April 2003; and

(b) in all other cases the date on which a local authority first discharges relevant adoption functions.