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“(i) if the building is a relevant building as defined by regulation 13(1)(b), on the expiry of a period of four weeks beginning with the date of occupation; and”.

The Care Homes Regulations 2001

8. Regulation 23 of the Care Homes Regulations 2001(a)^[1] (fitness of premises) is amended as follows—

(a) in paragraph (4) for the words “The registered person” substitute “Subject to paragraph (4A) the registered person”; and

(b) after paragraph (4) insert—

“(4A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the care home—

(a) paragraph (4) does not apply; and

(b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the care home.”.

The Children’s Homes Regulations 2001

9. Regulation 32 of the Children’s Homes Regulations 2001(b)^[2] (fire precautions) is amended as follows—

(a) in paragraph (1) for the words “The registered person” substitute “Subject to paragraph (1A) the registered person”; and

(b) after paragraph (1) insert—

“(1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the children’s home—

(a) paragraph (1) does not apply; and

(b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the home.”.

The Private and Voluntary Care (England) Regulations 2001

10. Regulation 25 of the Private and Voluntary Care (England) Regulations 2001(c)^[3] (fitness of premises) is amended as follows—

(a) in paragraph (4) for the words “The registered person” substitute “Subject to paragraph (4A) the registered person”; and

(b) after paragraph (4) insert—

“(4A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises—

(a) paragraph (4) does not apply; and

(b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of those premises.”.

The Care Homes (Wales) Regulations 2002

11. Regulation 24 of the Care Homes (Wales) Regulations 2002(d)^[4] (fitness of premises) is amended as follows—

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1. (a) S.I. 2001/3965; relevant amendments were made by S.I. 2004/3168.
2. (b) S.I. 2001/3967; relevant amendments were made by S.I. 2004/3168.
3. (c) S.I. 2001/3968; relevant amendments were made by S.I. 2004/3168.
4. (d) S.I. 2002/324 (W. 37) to which there are amendments not relevant to this Order.

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