Rheoliadau Deddf Plant 1989, Deddf Safonau Gofal 2000 a Deddf Mabwysiadu a Phlant 2002 (Diwygiadau Amrywiol) (Cymru) 2009

Diwygiadau i Reoliadau Cofrestru Gofal Cymdeithasol a Gofal Iechyd Annibynnol (Cymru) 2002

“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) yn lle paragraff 10(2) rhodder—

“(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) Yn Atodlen 3 (yr wybodaeth a'r dogfennau i'w cyflenwi wrth i berson wneud cais am gael ei gofrestru'n rheolwr sefydliad neu asiantaeth)—

(a) hepgorer paragraff 12.

(b) yn lle paragraff 13, rhodder—

“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) yn lle paragraff 13A rhodder—

“(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) Yn Atodlen 8 (y dogfennau i'w cyflenwi wrth i berson wneud cais am gael ei gofrestru'n warchodwr plant neu'n ddarparydd gofal dydd)—

(a) yn lle paragraff 4 rhodder—

“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) hepgorer paragraff 9.

(c) yn lle paragraff 10(2) rhodder—

“(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.”.