Person in Charge and Registered Provider Roles in Irish Designated Centres

This guide covers Ireland. For the UK equivalent, see our guide: CQC Regulation 7: What Registered Managers Must Meet.

In an Irish designated centre for older people, the registered provider and the person in charge are two different roles with different duties. The registered provider holds the registration and must put the resources, management structure and systems in place. The person in charge must meet the qualification and experience requirements in Regulation 14. The rules sit in the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. 415 of 2013), as amended, including by S.I. 98 of 2025 with effect from 31 March 2025. This guide is written for registered providers and their representatives, persons in charge, and the HR and finance managers who support them, including Dublin-based teams.

It builds on our overview of what HIQA is and what it does, so we do not repeat the basics here.

Which rules apply, and which version

Four official documents matter most for these two roles:

• S.I. 415 of 2013 (the Principal Regulations), given by the Minister on 29 October 2013 and in operation from 1 July 2014, according to the Irish Statute Book.
• S.I. 98 of 2025, the amending regulations, given on 27 March 2025 and in operation from 31 March 2025. It replaces Regulation 14 (persons in charge) and Regulation 23 (governance and management), replaces Regulation 33, and also amends other provisions, including Regulations 31 and 32. It also revokes an earlier S.I. 1 of 2025 that covered similar ground, and says references to the revoked instrument are to be read as references to S.I. 98.
• S.I. 61 of 2015, the registration regulations for designated centres for older people, given on 18 February 2015 and in operation from 1 March 2015. It covers notifying the Chief Inspector of changes.
• HIQA's National Standards for Residential Care Settings for Older People in Ireland (2016), which came into effect on 1 July 2016.

HIQA published a news item on 31 March 2025 welcoming the changes, which it described as focused on governance and management, and on skills and experience in management.

Our suggestion: because the amending regulations substitute whole provisions, check the current wording of each Regulation you rely on before acting on any summary, including this one.

The registered provider: what the sources require

The registered provider is the party registered in respect of the centre. The 2013 Regulations place these duties on the provider.

Regulation 23: governance and management

As substituted by S.I. 98 of 2025, Regulation 23 requires the registered provider to ensure that:

• the centre has sufficient resources to ensure the effective delivery of care in accordance with its statement of purpose;
• there is a clearly defined management structure setting out lines of authority and accountability, roles, and responsibilities for all areas of care;
• deputising arrangements for key management roles are in place;
• management systems keep the service safe, appropriate, consistent and effectively monitored;
• an annual review of the quality and safety of care is carried out, prepared in consultation with residents and their families, with a copy available to residents and, on request, to the Chief Inspector;
• a quality improvement plan is developed and implemented to address issues the review identifies; and
• staff have effective arrangements to raise concerns about the quality and safety of care.

For the roles question, the key point is that the Regulation puts these duties on the provider, not on the person in charge.

Duties that connect to the person in charge

• Making sure there is a person in charge and a deputy. Regulation 14(1) (as substituted) requires the provider to ensure the centre has a person in charge and a person who is able to deputise in the person in charge's absence.
• Obtaining the Schedule 2 documents. Where the provider is not the person in charge, Regulation 14 requires the provider to ensure that person supplies the documents listed in Schedule 2. These include proof of identity, a vetting disclosure under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, evidence of qualifications, professional registration where required, an employment history with a satisfactory account of gaps, and two written references.
• Notifying the Chief Inspector of changes and absences, covered below.

Standard 5.2.3 of the 2016 Standards describes the registered provider, the person in charge and all other persons involved in the management of the service as fit persons in line with regulatory requirements. Standard 5.2.2 describes the service as registered in accordance with statutory requirements.

The person in charge: qualifications and experience

Regulation 14, as substituted from 31 March 2025, sets out who can be person in charge. In summary:

• Provider as person in charge. A registered provider may be the person in charge only if they are a registered medical practitioner who works solely in running that centre and has at least 3 years' experience of running a nursing home under the Health Act 2007.
• Everyone else. The person in charge must be a registered nurse with at least 3 years' experience of nursing older persons within the previous 6 years.
• Management experience. A person appointed as person in charge must have at least 3 years' experience in a nurse management role in the health and social care area.
• Management qualifications. The Regulation requires a post-registration management qualification in health or a related field. It also requires either a management or leadership certificate at Level 8 on the National Framework of Qualifications, or a nursing post-graduate qualification at Level 9 that includes a management or leadership module. For appointments before 31 March 2028, the Level 8 or Level 9 requirement is to be met by that date. From that date it applies at appointment.
• Existing post-holders. A person named on the Chief Inspector's register, or on statutory leave from the position, on or before 31 March 2025 does not need the Level 8 or Level 9 qualification, but must still hold the post-registration management qualification.
• Centres without full-time nursing care. Where the Chief Inspector is satisfied that no resident has been assessed as needing full-time nursing care, the nursing, experience and qualification paragraphs do not apply to the person in charge or to a person deputising.

The transitional dates are fiddly. If you are recruiting or confirming an existing appointment, read Regulation 14 in S.I. 98 of 2025 directly.

One person in charge, more than one centre

Under Regulation 14(4), one person may be in charge of up to two designated centres, but only if the Chief Inspector is satisfied that they can govern, manage and administer both effectively. The Chief Inspector's satisfaction is the decisive point.

The deputy

When the person in charge is absent, the deputy must be a registered nurse working in the centre with at least 3 years' experience of nursing older persons within the previous 6 years (Regulation 14(9)). Regulation 23 separately requires deputising arrangements for key management roles. For HR managers, that means deputising arrangements for the person in charge post are a regulatory requirement under Regulations 14 and 23.

Telling the Chief Inspector about changes

Both sets of provisions below are addressed to the registered provider.

Registration regulations (S.I. 61 of 2015, as made)

• Intended change of person in charge: written notice to the Chief Inspector as soon as practicable, with the Schedule 2 information on the proposed person.
• Person in charge ceasing to hold the role: written notice within 10 days of it happening, and Schedule 2 information on a new person in charge within 10 days of appointment.
• Changes to other persons participating in management: written notice within 28 days of the change.
• The Chief Inspector may accept a late notification where it would be appropriate to do so.

These are the provisions as made in 2015. Check the current text for later amendments before relying on the time limits.

Absence of the person in charge (Regulations 32 and 33)

• Regulation 32 requires written notice to the Chief Inspector where the person in charge will be absent for a continuous period of 42 days or more. S.I. 98 of 2025 changed the period from 28 days.
• As made in 2013, notice of a planned absence is due no later than one month before it starts, or within a shorter period agreed with the Chief Inspector. For an emergency absence, notice is due as soon as it becomes apparent the absence will last that long. The provider must notify the person in charge's return within 3 working days.
• Regulation 33, as substituted, requires the notice to set out deputising arrangements for up to a 6-month period, the arrangements to run the centre, the date the deputising arrangements are or will be in place, and the deputy's name, contact details and qualifications. If the person in charge named on the register is expected to return, the provider may apply to extend the arrangement by a further period of up to 6 months.

What the sources do not set

• The Regulations covered here set out qualifications and notifications, but they do not provide a job description for the person in charge. Our suggestion: set out day-to-day tasks in your statement of purpose and governance arrangements.
• This guide does not set out the definitions of "person in charge" or "registered provider" in the Health Act 2007; check the Act for those.
• This guide does not cover how the Chief Inspector assesses whether someone meets the management-qualification requirements in practice.
• The sources do not say how a provider that is a company should split responsibilities between directors and the person in charge. Our suggestion: record this in the management structure document that Regulation 23 requires.
• This guide does not cover penalties or enforcement.

A practical checklist for providers

These are our suggestions, not legal requirements.

• Keep one file of the person in charge's qualifications, experience and Schedule 2 documents, and review it when the rules change.
• Name a deputy in writing and check the deputy against Regulation 14(9).
• Diarise the key dates: the 42-day absence trigger, the 10-day and 28-day change notices, and the 31 March 2028 date for the Level 8 or Level 9 qualification.
• Make sure staff know who is in charge of what. Staff with training for HIQA inspections can explain it when asked.
• Use the inspection readiness checklist to test whether your governance records would stand up on the day.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Can the registered provider also be the person in charge?

Under Regulation 14(2), only if the provider is a registered medical practitioner who works solely in running the centre and has at least 3 years' experience of running a nursing home under the Health Act 2007. Otherwise the person in charge must be a registered nurse who meets the nursing experience requirement.

Does the centre need a deputy?

Yes. Regulation 14(1), as substituted, requires the provider to ensure there is a person able to deputise in the absence of the person in charge. The deputy's requirements are set out in Regulation 14(9), described above.

Can one person be in charge of two centres?

Up to two, if the Chief Inspector is satisfied they can govern, manage and administer both effectively.

When must the Chief Inspector be told about an absence?

Where the person in charge will be absent for a continuous period of 42 days or more. Timing and content are set out under Regulations 32 and 33 above; check the current text.

Do existing persons in charge need the new Level 8 or Level 9 qualification?

Not if they were named on the Chief Inspector's register, or on statutory leave, on or before 31 March 2025, though they must still hold the post-registration management qualification.

For the full picture, read the Regulations and Standards themselves.