PART 8

Regulation of Designated Centres

Prohibition against carrying on unregistered designated centre.

46 .— (1) A person shall not carry on the business of a designated centre unless the centre is registered under this Act and the person is its registered provider.

(2) The person in charge of a designated centre, whether that person is the registered provider or another person, shall not manage or participate in the management of the centre unless the centre is registered under this Act.

Prohibition against false or misleading applications for registration.

47 .— In, or in respect of, an application for registration or renewal of registration under this Part, a person shall not knowingly make a statement which is false or misleading in a material respect.

Applications for registration.

48 .— (1) A person seeking to register or renew the registration of a designated centre under this Part shall make an application for its registration or renewal of registration to the chief inspector.

(2) The applicant shall include with the application—

(a) the prescribed information about prescribed matters,

(b) any other information which the chief inspector reasonably requires the applicant to include, and

(c) the prescribed application fee.

(3) An application under subsection (1) for the renewal of the registration of a designated centre must be made at least 6 months, or a lesser period that the chief inspector may specify, before the expiry date of the current registration.

(4) If an application under subsection (1) for the renewal of the registration of a designated centre—

(a) is made within the time limited under subsection (3), and

(b) the decision under section 50 to grant or refuse the registration is not made before the expiry date of the current registration,

the registration remains in effect until that decision is made.

(5) A person who wishes to carry on or manage more than one designated centre shall make a separate application for the registration, or the renewal of the registration, of each of the centres.

Register of designated centres.

49 .— (1) For each registered designated centre there shall be entered in the appropriate register established and maintained under section 41 by the chief inspector—

(a) the name of the centre,

(b) the name—

(i) of the registered provider of the centre, and

(ii) of the person who is in charge of the centre whether that person is its registered provider or another person,

(c) the address of the premises in which the business of the centre is carried on,

(d) a statement of the number of residents who can be accommodated in the centre,

(e) the date on which the registration of the centre is to take effect (referred to in this Act as “the date of registration”),

(f) any conditions attached to the registration of the centre, and

(g) such other particulars as the Minister may prescribe.

(2) Subject to sections 48 and 51 , the registration of a designated centre is for 3 years.

(3) The registers shall be—

(a) kept at the office of the chief inspector,

(b) open to inspection by members of the public free of charge, during normal business hours, and

(c) made available on the Internet and by any other means that the Minister specifies.

(4) On request, a copy of an entry in any register maintained by the chief inspector shall be issued by the chief inspector on payment of the fee, if any, not exceeding the reasonable cost of making the copy, as may be determined by the chief inspector.

Grant or refusal of registration.

50 .— (1) Where an application is made under section 48 for the registration or renewal of the registration of a designated centre, the chief inspector, if satisfied that the person who is the registered provider, or intended registered provider, and each other person who will participate in the management of the designated centre—

(a) is a fit person to be the registered provider of the designated centre and to participate in its management, and

(b) if the application is for registration, will comply with, or, if for renewal, is in compliance with—

(i) standards set by the Authority under section 8 (1)(b),

(ii) regulations under section 101 , and

(iii) any other enactment which appears to the chief inspector to be relevant, and is cited to the applicant in writing by the chief inspector,

shall grant the application and if not so satisfied shall refuse it.

(2) The chief inspector in granting an application under this section may—

(a) attach to the registration conditions that the chief inspector thinks fit in relation to the designated centre concerned, and

(b) attach different conditions in relation to the registration of different designated centres or of different categories of designated centres.

(3) On granting the application, the chief inspector shall issue a certificate of registration to the applicant, having first noted on the certificate—

(a) the enactments, if any, cited to the applicant under subsection (1)(b)(iii), and

(b) the conditions, if any, attached to the registration under subsection (2).

Cancelling registration, varying conditions of registration or imposing new conditions, for cause.

51 .— (1) At any time, the chief inspector, on one or more of the grounds specified in subsection (2) may—

(a) cancel the registration of a designated centre,

(b) vary or remove any condition of the registration of a designated centre, or

(c) attach an additional condition to the registration of a designated centre.

(2) The following are the grounds referred to in subsection (1):

(a) that the registered provider, or any other person who participates in the management of the designated centre has been convicted of one or more of the following:

(i) an offence under this Act;

(ii) an offence under an enactment cited by the chief inspector in accordance with section 50 (1)(b)(iii) and noted in accordance with section 50 (3) on the registered provider’s certificate of registration;

(iii) an offence under the Child Care Act 1991 ;

(iv) an offence against the person;

(b) that, in the opinion of the chief inspector, the registered provider or any other person who participates in the management of the centre is not a fit person to be the registered provider of the centre or to participate in its management;

(c) that the designated centre is being, or has at any time been, carried on otherwise than in accordance with—

(i) any requirements or conditions imposed by or under this Act, or

(ii) any other statutory provision which the chief inspector considers to be relevant.

Applications by registered providers.

52 .— (1) A registered provider carrying on the business of a designated centre may apply to the chief inspector for the variation or removal of any condition of the registration of the designated centre.

(2) The chief inspector may grant an application under subsection (1) if satisfied that the variation or removal of the condition is—

(a) appropriate in the circumstances, and

(b) will not adversely affect the persons who are resident in the designated centre,

and if not so satisfied shall refuse the application.

(3) An application under subsection (1) shall be made in the prescribed manner, state the prescribed particulars and be accompanied by the prescribed application fee.

(4) For the purposes of subsection (3)—

(a) different amounts may be prescribed for different circumstances or different categories of designated centres, and

(b) the regulations may provide for the chief inspector to determine which of the different amounts is payable in a particular case.

Notice of certain proposed decisions of chief inspector.

53 .— If the chief inspector proposes—

(a) under section 50 or 52 , to refuse an application,

(b) under section 50 or 52 , to grant an application subject to any conditions, or

(c) under section 51 , to—

(i) cancel the registration of a designated centre,

(ii) vary or remove any condition of the registration of a designated centre, or

(iii) attach an additional condition to the registration of a designated centre,

the chief inspector shall give the applicant or the registered provider of the designated centre, as the case may be, written notice of the proposal, stating the particulars.

Right to respond to notice of proposed decision.

54 .— (1) A written notice of a proposal under section 53 shall state that, within a time limit of 28 days after the notice is given, the applicant or the registered provider, as the case may be, may make written representations to the chief inspector concerning the matter which is the subject matter of the proposal.

(2) Where written notice of a proposal has been given under section 53 , the chief inspector shall not decide the matter that is the subject of the proposal until—

(a) the person to whom the notice was given has—

(i) made written representations to the chief inspector concerning the proposal, or

(ii) notified the chief inspector in writing that the person does not intend to make representations,

or

(b) the time limit of 28 days referred to in subsection (1) has elapsed.

Notice of decisions of chief inspector.

55 .— (1) The chief inspector shall give written notice to the applicant or the registered provider, as the case may be, of a decision—

(a) under section 50 or 52 , to refuse an application,

(b) under section 50 or 52 , to grant an application subject to any conditions, or

(c) under section 51 , to—

(i) cancel the registration of a designated centre,

(ii) vary or remove any condition of the registration of a designated centre, or

(iii) attach an additional condition to the registration of a designated centre.

(2) A written notice under this section shall inform the applicant or the registered provider, as the case may be, of the right of appeal conferred by section 57 .

(3) A decision referred to in subsection (1) does not take effect—

(a) if no appeal from the decision is brought, until the expiration of 28 days, or a longer period determined by the chief inspector, after the receipt by the applicant or registered provider of written notice under this section, or

(b) if an appeal to the District Court from the decision is brought, until the determination or withdrawal of that appeal.

Required or prohibited conduct in relation to designated centre.

56 .— (1) The registered provider carrying on the business of a designated centre shall ensure that the certificate of registration issued for the designated centre is affixed in a conspicuous place at the centre.

(2) The registered provider carrying on the business of a designated centre shall not, in an application under section 52 for the variation or removal of any condition of the registration of the designated centre, knowingly make a statement which is false or misleading in a material respect.

(3) Unless registration as a designated centre of a particular description has been effected under this Part in respect of a premises, undertaking or organisation, a person shall not, with intent to deceive another person,

(a) apply a name to the premises, undertaking or organisation that in any way describes it as a designated centre of that description, or

(b) hold out the premises, undertaking or organisation as a designated centre of that description.

(4) The registered provider carrying on the business of a designated centre shall not describe or hold out the designated centre as able to—

(a) provide a service, the provision of which would be in contravention of a condition of the registration of the designated centre, or

(b) do anything else, the doing of which would be in contravention of a condition of the registration of the designated centre.

Appeal to District Court from decision of chief inspector respecting registration.

57 .— (1) The registered provider carrying on the business of a designated centre, or a person applying to be registered in respect of a designated centre, may appeal to the District Court from a decision of the chief inspector under section 50 , 51 or 52 .

(2) The registered provider or other person who appeals to the District Court under subsection (1)—

(a) shall bring the appeal within 28 days after the receipt by the person of written notice under section 55 of the decision, and

(b) at the same time as the appeal is brought, shall give to the chief inspector written notice of the appeal.

(3) A registered provider carrying on the business of a designated centre who appeals to the District Court under this section may continue to carry on that business until the determination or withdrawal of that appeal or of a further appeal under section 62 .

(4) On an appeal under subsection (1), the District Court, as it considers appropriate, may confirm the decision of the chief inspector or direct the chief inspector to—

(a) register or renew the registration of the designated centre,

(b) restore the registration of the designated centre,

(c) vary or remove a condition of the registration, or

(d) attach an additional condition to the registration.

(5) An appeal under subsection (1) shall be made to a District Court judge assigned to the district in which the designated centre is located.

Chief inspector may seek District Court order enforcing certain decisions.

58 .— (1) If the chief inspector believes on reasonable grounds that any person is carrying on the business of a designated centre in contravention of a decision—

(a) under section 50 or 52 , to refuse an application,

(b) under section 50 or 52 , to grant an application subject to any conditions, or

(c) under section 51 , to—

(i) cancel the registration of a designated centre,

(ii) vary or remove any condition of the registration of a designated centre, or

(iii) attach an additional condition to the registration of a designated centre,

the chief inspector may apply to the District Court for an order to enforce the decision.

(2) The District Court, on hearing an application under this section, may make an order—

(a) in the terms sought by the chief inspector in the application, or

(b) in other terms as the Court considers appropriate.

(3) An application under subsection (1) shall be made to the District Court judge assigned to the district in which the designated centre is located.

Chief inspector may seek District Court order for cancellation or variation of registration.

59 .— (1) If the chief inspector believes on reasonable grounds that there is a risk to the life, or a serious risk to the health or welfare, of the persons resident in a designated centre, because of any act, failure to act or negligence on the part of—

(a) the registered provider carrying on the business of the designated centre, or

(b) a person acting on behalf of the registered provider,

the chief inspector may apply to the District Court for an order—

(i) cancelling the registration of the designated centre,

(ii) varying or removing any condition attached to the registration of the designated centre, or

(iii) attaching an additional condition to the registration of the designated centre.

(2) Notice of an application for a final determination of the matters that are the subject of the application must be given by the chief inspector to the registered provider.

(3) The District Court, on hearing an application under this section, may make an order—

(a) in the terms sought by the chief inspector in the application, or

(b) in other terms as the Court considers appropriate.

(4) An application under subsection (1) shall be made to a District Court judge assigned to the district in which the designated centre is located.

Ex parte interim order in proceedings under section 59 .

60 .— (1) An application under section 59 by the chief inspector may be made ex parte and without notice for an interim order (in this section and in section 61 called an “ex parte interim order”) and, on that application, an ex parte interim order may be made—

(a) in the terms sought by the chief inspector in the application, or

(b) in other terms as the District Court considers appropriate,

if, having regard to the circumstances of the particular case, the court considers it necessary or expedient to make the order immediately in the best interests of the persons resident in the designated centre.

(2) The application for an ex parte interim order shall be grounded on an affidavit sworn by the chief inspector or by an individual acting on behalf of the chief inspector.

(3) The ex parte interim order has effect for a period, to be specified in the order, not exceeding 28 days and ceases to have effect at the end of that period unless—

(a) by consent of the parties, or

(b) on application by the chief inspector on notice to the person who was the designated centre’s registered provider at the time of the application made ex parte under section 59 ,

the District Court within that period confirms the ex parte interim order with effect for a specified further period.

(4) Subsection (3) does not affect any right of a party to proceedings commenced under section 59 to apply to the District Court in the proceedings.

(5) The chief inspector, as soon as practicable, shall serve on the person who was the registered provider at the time of the ex parte application a copy of—

(a) the ex parte interim order, and

(b) the affidavit referred to in subsection (2).

(6) In respect of the ex parte application, the chief inspector must provide the Executive with a copy of the application and of the affidavit referred to in subsection (2) and, where an ex parte interim order is made, must provide the Executive with a copy of the order.

(7) If an ex parte interim order ceases to have effect because of the operation of subsection (3) then, effective on the next day after that order ceases to have effect—

(a) the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application under section 59 (1) are reinstated, and

(b) the designated centre and the registered provider are restored to the same status under this Act as they had immediately before the date of the ex parte application under section 59 .

Final determination of matters dealt with in an ex parte interim order under section 59 .

61 .— (1) Within 42 days after the date of an ex parte interim order, the chief inspector may apply to the District Court for a final determination of the matters dealt with in the order.

(2) Notice of an application under this section must be given by the chief inspector to the person who was the designated centre’s registered provider at the time of the ex parte application made under section 59 .

(3) On the hearing of the application for a final determination of the matters dealt with in the ex parte interim order, the District Court may make an order—

(a) confirming, varying or setting aside the ex parte interim order,

(b) reinstating the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application made under section 59 , if the registration was cancelled under the ex parte interim order, or

(c) make any other order the Court considers appropriate.

(4) If the chief inspector does not apply, within the 42 days set out in subsection (1), for a final determination of the matters dealt with in the ex parte interim order, then, effective on the next day after expiry of the 42 days—

(a) the ex parte interim order ceases to have effect,

(b) the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application under section 59 are reinstated, and

(c) the designated centre and the registered provider are restored to the same status under this Act as they had immediately before the date of the ex parte application under section 59 .

Appeals to Circuit Court from decisions of District Court.

62 .— An appeal lies to the Circuit Court from a decision of the District Court under section 57 (4), 59 (3) or 61 (3).

Status of chief inspector in court proceedings.

63 .— The chief inspector is a party to any court proceedings under this Part and is entitled in any such proceedings to appear, be heard, adduce evidence and give evidence.

Care of residents on cancellation of registration.

64 .— (1) If the chief inspector—

(a) cancels a registration under section 51 and the cancellation takes effect, or

(b) obtains an order to cancel a registration in accordance with section 59 and the cancellation takes effect,

the chief inspector shall notify the Executive forthwith of the cancellation and of the date on which the cancellation has effect.

(2) The Executive, as soon as practicable after notification under subsection (1), shall make alternative arrangements for the residents of the designated centre.

(3) Where the Executive, immediately before the cancellation, was the registered provider of the designated centre, the Executive, pending the alternative arrangements referred to in subsection (2), notwithstanding the cancellation, may continue to carry on the business of the designated centre as if it were registered under this Act with the Executive as its registered provider.

(4) Where the Executive, immediately before the cancellation, was not the registered provider of the designated centre, then, pending the alternative arrangements referred to in subsection (2), the Executive, either—

(a) with the consent of the person who, immediately before the effective date of the cancellation, was the registered provider, or

(b) by order of the District Court,

shall take charge of the designated centre, and may carry on its business as if the designated centre were registered under this Act with the Executive as its registered provider.

Submission of information.

65 .— A registered provider of a designated centre shall submit to the chief inspector such information at such time as the chief inspector considers necessary to enable the chief inspector to carry out the chief inspector’s functions.

Prohibition against closure of designated centre without notice.

66 .— (1) The registered provider carrying on the business of a designated centre shall not cease to carry on its business and close the designated centre unless the registered provider first gives the chief inspector written notice, of such period as may be prescribed, of the intention to do so as of a date specified in the notice.

(2) Different periods may be prescribed for different categories of designated centres.

Cancellation of registration on closure of designated centre.

67 .— If a registered provider ceases to carry on the business of a designated centre and closes the centre, the chief inspector shall—

(a) make a note to that effect in the appropriate register, and

(b) cancel the registration of the designated centre.

Notice of appointment under law to take charge of designated centre.

68 .— (1) A person who is appointed by or under the law to take charge of a designated centre in place of its registered provider, shall give notice of the appointment to the chief inspector, as soon as practicable, but not later than 48 hours after the appointment.

(2) The chief inspector may accept a later notification where the chief inspector is of the opinion that it would be right and proper to do so.

(3) Where the chief inspector receives information in accordance with subsection (1) and has reason to believe that it is in the interests of the health and welfare of the residents—

(a) he or she may notify the Executive, and

(b) the Executive may make alternative arrangements for the residents of the centre.

Transitional provision for registration of existing designated centres.

69 .— (1) In this section “ institution ” means any—

(a) institution or part of one,

(b) residential centre or part of one, or

(c) home or part of one,

that, immediately before the coming into operation of this Part, is a designated centre as defined in section 2 (1).

(2) A person who immediately before the date this Part comes into operation was carrying on the business of an institution and providing residential services at the institution may continue to do so, notwithstanding section 46 , for a period not exceeding 3 years or such shorter period as the chief inspector may determine.

(3) A person carrying on the business of an institution in accordance with subsection (2) shall notify the chief inspector that the person is carrying on that business, as soon as practicable, but not later than 6 months after the centre becomes a designated centre in accordance with the provisions of this Act.

(4) During the period described in subsection (2) in which a person, in accordance with that subsection, may carry on the business of an institution, this Act applies to the person and to the institution as if the institution were a registered designated centre under this Act with the person as its registered provider.