Law

Registered Homes Act 1984 (repealed)

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

In force since 2002-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 9c91449d3161a5dbc823c05719b0d2f774b85ec8e478ad9cafaef4bfee643eb9

Contents: 64 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

64 provisions

39 Preliminary.

The following are relevant enactments for the purposes of this Part of this Act— (a) the Children Act 1989. (c) Parts I and II of this Act.

Propose a change

40 Constitution of panels for chairmen and members.

(1) For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be— (a) a panel appointed by the Lord Chancellor (in this Part of this Act referred to as “the legal panel”) of persons available to act as chairmen of any such tribunals; and (b) a panel appointed by the Lord President of the Council (in this Part of this Act referred to as “the panel of experts”) of persons available to act as members. (2) Tribunals constituted under this Part of this Act are to be known as Registered Homes Tribunals. (3) No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable. (4) No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable. (5) No officer of a government department may be appointed to either panel. (6) Subject, in the case of a person appointed to the legal panel, to subsection (7) below, a person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him. (7) No appointment of a person to the legal panel shall be such as to extend beyond the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

Propose a change

41 Constitution of tribunals—general.

(1) A Registered Homes Tribunal shall consist of a chairman and two other members. (2) The chairman shall be a member of the legal panel appointed to the tribunal by the Lord Chancellor. (3) The other two members shall be members of the panel of experts appointed to the tribunal by the Lord President of the Council.

Propose a change

42 Tribunals for appeals relating to nursing homes (including maternity homes) and mental nursing homes.

(1) A Registered Homes Tribunal to hear an appeal relating solely to registration under Part II of this Act shall include a registered medical practitioner. (2) Such a tribunal shall also include— (a) if the appeal relates to registration of a maternity home, a registered midwife; and (b) in any other case, a qualified nurse. (3) A tribunal which is constituted to hear both an appeal relating to registration under Part I of this Act and an appeal relating to registration under Part II shall include a person selected in accordance with subsection (2) above. (4) In this Part of this Act “qualified nurse” means a person who— (a) is for the time being registered under the the Nursing and Midwifery Order 2001.; and (b) would have been qualified to be registered under section 2(1) of the Nurses Act 1957.

Propose a change

43 Procedure of tribunals.

(1) The Secretary of State may by statutory instrument make rules as to the practice and procedure to be followed with respect to the constitution of Registered Homes Tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings; and without prejudice to the generality of this section such rules may make provision— (a) requiring particulars to be supplied of matters relevant to the determination of an appeal; (b) enabling two or more appeals to be heard together; and (c) as to representation before a tribunal, by counsel or a solicitor or otherwise. (2) Rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Part I of the Arbitration Act 1996 shall not apply to any proceedings before Registered Homes Tribunals except so far as any provision of that Act may be applied to such tribunals with or without modifications by rules made under this section.

Propose a change

44 Staff for tribunals.

The Secretary of State shall assign such staff as may from time to time be required for Registered Homes Tribunals.

Propose a change

45 Fees, allowances and expenses.

The Secretary of State may— (a) pay to members of Registered Homes Tribunals such fees and allowances as he may, with the consent of the Treasury, determine; and (b) defray the expenses of such tribunals up to such amount as he may with the like consent determine.

Propose a change

46 Failure to register.

(1) A person guilty of an offence under section 2 above shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale. (2) A person guilty of an offence under section 23(1) above shall be liable on summary conviction to a fine of an amount not exceeding the statutory maximum or on conviction on indictment to a fine.

Propose a change

47 Failure to affix certificate of registration.

(1) A person guilty of an offence under section 5(6) above shall be liable on summary conviction to a fine of an amount not exceeding £5 for each day on which the offence continues after conviction. (2) A person guilty of an offence under section 23(6) above shall be liable on summary conviction— (a) to a fine of an amount not exceeding level 2 on the standard scale; and (b) subject to subsection (3) below, to a further fine not exceeding £5 for each day on which the offence continues after conviction. (3) The court by which a person is convicted of an original offence under subsection (2) above may fix a reasonable period from the date of conviction for compliance with any directions given by the court; and where the court has fixed such a period the daily penalty prescribed by that subsection shall not be recoverable in respect of any day before the expiry of that period.

Propose a change

48 Breach of conditions as to registration.

A person guilty of an offence under section 5(5) or 29(4) above shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Propose a change

49 Contravention of regulations.

A person guilty of an offence against regulations made under section 16, 26 or 27 above shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Propose a change

50 Contravention of section 24.

A person guilty of an offence under section 24 above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

Propose a change

51 Obstruction.

(1) A person guilty of an offence under section 17(6) above shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale. (2) A person guilty of an offence under section 35(5) or (6) above shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both such imprisonment and fine.

Propose a change

52 Bodies corporate and their officers.

Where an offence under this Act or any regulations under it which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Propose a change

53 Proceedings.

(1) Proceedings in respect of an offence under section 23(1) or (6) above relating to a nursing home shall not, without the written consent of the Attorney General, be taken by any person other than a party aggrieved or the Secretary of State. (2) A local social services authority may institute proceedings for any offence under section 35(5) or (6) above.

Propose a change

54 Service of documents.

(1) Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a residential care home, or a nursing home or mental nursing home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service. (2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a residential care home or a nursing home or mental nursing home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home. (3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm. (4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

Propose a change

55 Interpretation—general.

In this Act— “local social services authority” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970; “maternity home” has the meaning given by section 21 above; “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind; “mental nursing home” has the meaning given by section 22 above; “nursing home” has the meaning given by section 21 above; “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned; . . . . . .

Propose a change

56 Regulations and orders.

(1) Any regulations or order under this Act shall be made by statutory instrument. (2) Any such statutory instrument, except an instrument containing an order under section 59(2) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) The power to make regulations conferred on the Secretary of State by section 27 above shall, if the Treasury so directs, be exercisable by the Treasury and the Secretary of State acting jointly. (4) Any power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes; (ii) any such provision either unconditionally or subject to any specified condition; and includes power to make such incidental or supplemental provision in the regulations as the persons making them consider appropriate.

Propose a change

57 Consequential amendments, transitional provisions, savings and repeals.

(1) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential upon the provisions of this Act. (2) The transitional provisions and savings contained in Schedule 2 to this Act shall have effect. (3) Subject to the provisions of Schedule 2, the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule. (4) Nothing in this Act shall be taken as prejudicing the operation of section 16(1) of the Interpretation Act 1978 (which relates to the operation of repeals).

Propose a change

58 Extent.

(1) This Act does not extend to Scotland or Northern Ireland. (2) The Secretary of State may by order direct that so much of this Act as relates to nursing homes and mental nursing homes shall extend to the Isles of Scilly, subject to such exceptions, adaptations and modifications as may be specified in the order, but except as so directed so much of this Act as relates to nursing homes and mental nursing homes shall not extend to the Isles. (3) Subject to subsection (2) above, this Act shall, in its application to the Isles of Scilly, have effect subject to such extensions, adaptations and modifications as the Secretary of State may by order prescribe.

Propose a change

59 Short title and commencement.

(1) This Act may be cited as the Registered Homes Act 1984. (2) This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be so appointed for different provisions and for different purposes.

Propose a change

SCHEDULE 1 Consequential Amendments

Section 57. National Assistance Act 1948 (c. 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Mental Health Act 1959 (c. 72) 2 In section 128(1)(b) of the Mental Health Act 1959 for the words from “home” to the end of the subsection there shall be substituted the words “ care home within the meaning of Part I of the Registered Homes Act 1984 ”. London Government Act 1963 (c. 33) 3 The following paragraph shall be substituted for section 40(4)(i) of the London Government Act 1963— (i) the Registered Homes Act 1984; . Local Authority Social Services Act 1970 (c. 42) 4 In Schedule 1 to the Local Authority Social Services Act 1970— (a) in the entry relating to the Mental Health Act 1959, for the words “Nursing Homes Act 1975” there shall be substituted the words “ Registered Homes Act 1984 ”; and (b) the following entry shall be substituted for the entry relating to the Health and Social Services and Social Security Adjudications Act 1983— Registered Homes Act 1984 (c. 23) Part I. | Registration of Residential Care Homes. . Tribunals and Inquiries Act 1971 (c. 62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Foster Children Act 1980 (c. 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Mental Health Act 1983 (c. 20) 9 In paragraph (b) of section 24(3) of the Mental Health Act 1983 for the words “the Nursing Homes Act 1975” there shall be substituted the words “ Part II of the Registered Homes Act 1984 ”. 10 In section 34(2) of that Act for the words “3(4)(b) of the Nursing Homes Act 1975” there shall be substituted the words “ 23(5)(b) of the Registered Homes Act 1984 ”. 11 In section 145(1) of that Act, in the definitions of “the managers” and “mental nursing home”, for the words “the Nursing Homes Act 1975” there shall be substituted the words “ the Registered Homes Act 1984 ”.

Propose a change

SCHEDULE 2 Transitional Provisions and Savings

Section 57. 1 Where a person’s registration in respect of a home was in force immediately before 1st August 1981, the Secretary of State shall not cancel the registration on any ground mentioned in paragraph (f) or (g) of subsection (1) of section 25 above before the expiration of the period of 3 months beginning with the day on which the relevant notice is served on him under subsection (2) or (3) of that section. 2 (1) In the case of a nursing home which was in existence on 1st July 1928 the registration of a person in respect of that home shall not be cancelled on the ground that the provision of paragraph (f) or (g) of section 25 above are not complied with unless, in the case of a nursing home not being a maternity home, the nursing of the patients in the home is not under the superintendence of a qualified nurse who is resident in the home. (2) For the purpose of sub-paragraph (1) above, a nursing home shall not be deemed to be a home which was in existence on 1st July 1928 if, in the case of a home which was carried on at that date by an individual, it has ceased since that date or ceases to be carried on by that individual solely, or, in the case of a home which was carried on at the date by a body corporate, it has ceased since that date or ceases to be under the charge of the individual under whose charge it was at that date. 3 Where an offence, for the continuance of which a penalty was provided, has been committed under any of the enactments repealed by the Nursing Homes Act 1975 or this Act proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act, in the same manner as if the offence had been committed under the corresponding provision of this Act. 4 (1) The Secretary of State may— (a) by regulations make such transitional provision as he considers necessary or expedient in connection with any enactment contained in this Act which derives— (i) from Part I or III of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983; or (ii) from the amendments to the Nursing Homes Act 1975 made by Part II of that Schedule; (b) by order repeal any provision of a local Act passed on or before 13th May 1983 if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any such enactment or of regulations made under any such enactment; (c) by order amend any provision of such an Act if it appears to him that the provision requires amendment in consequence of any such enactment or of regulations made under any such enactment or of any repeal made by virtue of this sub-paragraph. (2) An order made in pursuance of sub-paragraph (1) above may include such incidental or transitional provisions as the Secretary of State considers are appropriate in connection with the order. (3) It shall be the duty of the Secretary of State, before he makes an order in pursuance of sub-paragraph (1) above amending or repealing any provision of a local Act, to consult each local authority which he considers would be affected by the amendment or repeal of that provision.

Propose a change

SCHEDULE 3 Repeals

Section 57. Chapter | Short title | Extent of repeal 1975 c. 37. | Nursing Homes act 1975. | The whole Act. 1976 c. 83. | Health Services Act 1976. | Section 19(1), (2) and (4). 1977 c. 45. | Criminal Law Act 1977. | In Schedule 6, the entry relating to the Nursing Homes Act 1975. 1977 c. 49. | National Health Service Act 1977. | In Schedule 15, paragraph 66. 1979 c. 36. | Nurses, Midwives and Health Visitors Act 1979. | In Schedule 7, paragraph 23. 1980 c. 53. | Health Services Act 1980. | In section 16, the words “nursing homes, mental nursing homes and”. In Schedule 1, paragraph 27. In Schedule 4, Part I. 1982 c. 51. | Mental Health (Amendment) Act 1982. | Section 63(2). 1983 c. 20. | Mental Health Act 1983. | Section 120(5). In Schedule 4, paragraph 43. 1983 c. 41. | Health and Social Services and Social Security Adjudications Act 1983. | In section 11, subsection (1), in subsection (2), the words “the Nursing Homes Act 1975,”, and subsection (3). In Schedule 4, Part I, in Part II paragraphs 24 to 37 and 44, and Part III. In Schedule 9, paragraphs 4, 6, 9, 12 to 14 and 26.

Propose a change

← Find another law