Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013.
(2) These Regulations come into operation on 1 July 2014.
num: 2
paragraphs: In these Regulations:
num: 3
paragraphs: (1) The registered provider shall prepare in writing a statement of purpose relating to the designated centre concerned and containing the information set out in Schedule 1.
(2) The registered provider shall review and revise the statement of purpose at intervals of not less than one year.
num: 4
paragraphs: (1) The registered provider shall prepare in writing, adopt and implement policies and procedures on the matters set out in Schedule 5.
(2) The registered provider shall make the written policies and procedures referred to in paragraph (1) available to staff.
(3) The registered provider shall review the policies and procedures referred to in paragraph (1) as often as the Chief Inspector may require but in any event at intervals not exceeding 3 years and, where necessary, review and update them in accordance with best practice.
num: 5
paragraphs: (1) The registered provider shall, in so far as is reasonably practical, arrange to meet the needs of each resident when these have been assessed in accordance with paragraph (2).
(2) The person in charge shall arrange a comprehensive assessment, by an appropriate health care professional of the health, personal and social care needs of a resident or a person who intends to be a resident immediately before or on the person’s admission to a designated centre.
(3) The person in charge shall prepare a care plan, based on the assessment referred to in paragraph (2), for a resident no later than 48 hours after that resident’s admission to the designated centre concerned.
(4) The person in charge shall formally review, at intervals not exceeding 4 months, the care plan prepared under paragraph (3) and, where necessary, revise it, after consultation with the resident concerned and where appropriate that resident’s family.
(5) A care plan, or a revised care plan, prepared under this Regulation shall be available to the resident concerned and may, with the consent of that resident or where the person-in-charge considers it appropriate, be made available to his or her family.
num: 6
paragraphs: (1) The registered provider shall, having regard to the care plan prepared under Regulation 5, provide appropriate medical and health care, including a high standard of evidence based nursing care in accordance with professional guidelines issued by An Bord Altranais agus CnÃ¡imhseachais from time to time, for a resident.
(2) The person in charge shall, in so far as is reasonably practical, make available to a resident—
(a) a medical practitioner chosen by or acceptable to that resident,
(b) where the resident agrees to medical treatment recommended by the medical practitioner concerned, the recommended treatment,
(c) where the care referred to in paragraph (1) or other health care service requires additional professional expertise, access to such treatment.
num: 7
paragraphs: (1) The person in charge shall ensure that staff have up to date knowledge and skills, appropriate to their role, to respond to and manage behaviour that is challenging.
(2) Where a resident behaves in a manner that is challenging or poses a risk to the resident concerned or to other persons, the person in charge shall manage and respond to that behaviour, in so far as possible, in a manner that is not restrictive.
(3) The registered provider shall ensure that, where restraint is used in a designated centre, it is only used in accordance with national policy as published on the website of the Department of Health from time to time.
num: 8
paragraphs: (1) The registered provider shall take all reasonable measures to protect residents from abuse.
(2) The measures referred to in paragraph (1) shall include staff training in relation to the detection and prevention of and responses to abuse.
(3) The person in charge shall investigate any incident or allegation of abuse.
(4) Where the person in charge is the subject of the allegation concerned the registered provider shall—
(a) investigate the matter, or
(b) nominate a person, who in the opinion of the registered provider, is a suitable person to investigate the matter.
num: 9
paragraphs: (1) The registered provider shall carry on the business of the designated centre concerned so as to have regard for the sex, religious persuasion, racial origin, cultural and linguistic background and ability of each resident.
(2) The registered provider shall provide for residents—
(a) facilities for occupation and recreation, and
(b) opportunities to participate in activities in accordance with their interests and capacities.
(3) A registered provider shall, in so far as is reasonably practical, ensure that a resident—
(a) may exercise choice in so far as such exercise does not interfere with the rights of other residents,
(b) may undertake personal activities in private,
(c) may communicate freely and in particular have access to—
(i) information about current affairs and local matters,
(ii) radio, television, newspapers and other media,
(iii) telephone facilities, which may be accessed privately,
(iv) voluntary groups, community resources and events,
(d) may be consulted about and participate in the organisation of the designated centre concerned,
(e) may exercise their civil, political and religious rights,
(f) has access to independent advocacy services.
(4) The person in charge shall make staff aware of the matters referred to in paragraph (1) as respects each resident in a designated centre.
num: 10
paragraphs: (1) The registered provider shall ensure that a resident, who has communication difficulties may, having regard to his or her wellbeing, safety and health and that of other residents in the designated centre concerned, communicate freely.
(2) The person in charge shall ensure that where a resident has specialist communication requirements, such requirements are recorded in the resident’s care plan prepared under Regulation 5.
(3) The person in charge shall ensure that staff are informed of any specialist needs referred to in paragraph (2).
num: 11
paragraphs: (1) The registered provider shall make arrangements for a resident to receive visitors.
(2) The person in charge shall ensure that—
(a) in so far as is reasonably practicable, visits to a resident are not restricted, unless—
(i) such a visit would, in the opinion of the person in charge, pose a risk to the resident concerned or to another resident, or
(ii) the resident concerned has requested the restriction of visits.
(b) having regard to the number of residents and needs of each resident, suitable communal facilities are available for a resident to receive a visitor, and, in so far as is practicable, a suitable private area, which is not the resident’s room, is available to a resident to receive a visitor if required.
num: 12
paragraphs: The person in charge shall, in so far as is reasonably practical, ensure that a resident has access to and retains control over his or her personal property, possessions and finances and, in particular, that—
(a) a resident uses and retains control over his or her clothes,
(b) his or her linen and clothes are laundered regularly and returned to that resident,
(c) he or she has adequate space to store and maintain his or her clothes and other personal possessions.
num: 13
paragraphs: (1) Where a resident is approaching the end of his or her life, the person in charge shall ensure that—
(a) appropriate care and comfort, which addresses the physical, emotional, social, psychological and spiritual needs of the resident concerned are provided,
(b) the religious and cultural needs of the resident concerned are, in so far as is reasonably practicable, met,
(c) the family and friends of the resident concerned are, with the resident’s consent, informed of the resident’s condition, and permitted to be with the resident and suitable facilities are provided for such persons,
(d) where the resident indicates a preference as to his or her location (for example a preference to return home or for a private room), such preference shall be facilitated in so far as is reasonably practicable.
(2) Following the death of a resident the person in charge shall ensure that appropriate arrangements, in accordance with that resident’s wishes in so far as they are known and are reasonably practical, are made.
num: 14
paragraphs: (1) There shall be a person in charge of a designated centre.
(2) The person in charge may be the registered provider where the registered provider concerned is a registered medical practitioner—
(a) who is solely employed in carrying on the business of the designated centre concerned, and
(b) has not less than 3 years’ experience of carrying on the business of a nursing home under the Health Act 2007 .
(3) Where the registered provider is not the person in charge, the person in charge shall be a registered nurse with not less than 3 years’ experience of nursing older persons within the previous 6 years.
(4) The person in charge may be a person in charge of more than one designated centre if the Chief Inspector is satisfied that he or she is engaged in the effective governance, operational management and administration of the designated centres concerned.