The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009

Amendments to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002

16.—(1) The Registration of Social Care and Independent Health Care (Wales) Regulations 2002(1) are amended as follows.

(2) In Schedule 2 (documents to be supplied on an application for registration as a person who carries on an establishment or agency)—

(a) for paragraph 4 substitute—

“4.   In relation to the responsible person—

(a) an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information in relation to vulnerable adults (within the meaning of section 113BB (2) of that Act) or suitability information relating to children (within the meaning of section 113BB (2) of that Act) or both; and

(b) the application for that certificate which was countersigned by the Welsh Ministers.”

(b) for paragraph 9A substitute—

“9A   Notwithstanding paragraph 4, where the responsible person has applied for a certificate referred to in paragraph 4, but the certificate has not been issued and the responsible person will not be engaging in regulated activity related to children—

(a) a statement confirming that the documents specified in paragraph 4 have been applied for and that the applicant, or where the applicant is an organisation, the responsible individual, will advise the Welsh Ministers on receipt that they are available for inspection; and

(b) notification under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).”;

(c) for paragraph 10 (2) substitute—

“(2) The following documents are specified—

(a) where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 112BB (2)of that Act) or suitability information relating to children (within the meaning of section 113BA (2) of that Act) or both; or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997;”.

(3) In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment or agency)—

(a) omit paragraph 12.

(b) for paragraph 13, substitute—

“13.— (1) An enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information in relation to vulnerable adults (within the meaning of section 113BB (2) of that Act) or suitability information relating to children (within the meaning of section 113BB (2) of that Act) or both; and

(2) The application for that certificate which was countersigned by the Welsh Ministers.”

(c) For paragraph 13A substitute—

“(13A) Notwithstanding paragraph 13, where the responsible person has applied for a certificate referred to in paragraph 13, but the certificate has not been issued and the responsible person will not be engaging in regulated activity related to children—

(a) a statement confirming that the documents specified in paragraph 13 have been applied for and that the applicant, or where the applicant is an organisation, the responsible individual, will advise the Welsh Ministers on receipt that they are available for inspection; and

(b) notification under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).”.

(4) In Schedule 8 (documents to be supplied on an application for registration as a child minder or as a provider of day care)—

(a) for paragraph 4 substitute—

“4.   In relation to the responsible person and the person in charge—

(a) an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information in relation to children (within the meaning of section 113BA (2) of that Act);

(b) the application for that certificate which was countersigned by the Welsh Ministers.”;

(b) omit paragraph 9;

(c) for paragraph 10 (2) substitute—

“(2) The following documents are specified—

(a) where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA (2) of that Act); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.”.

(1)

S.I. 2002/919 (W.107). Relevant amending instrument is S.I. 2002/2622 (W.254).