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The Nursing Homes Regulations (Northern Ireland) 2005

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Fitness of workers

21.—(1) The registered person shall not employ a person to work at the nursing home unless –

(a)the person is fit to work at the nursing home;

(b)subject to paragraph (5), he has obtained in respect of that person the information and documents specified in paragraphs 1 to 7 of Schedule 2;

(c)he is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person.

(2) Paragraph 1 applies to a person who is employed by a person (“the employer”) other than the registered person.

(3) Paragraph 1 applies to a position in which a person may in the course of his duties have regular contact with patients at the nursing home.

(4) The registered person shall not allow a person to whom paragraph (2) applies to work at the nursing home in a position to which paragraph (3) applies, unless –

(a)the person is fit to work at the nursing home;

(b)the employer has obtained in respect of that person the information and documents specified in –

(i)paragraphs 1 to 7 of Schedule 2; and has confirmed in writing to the registered person that he has done so; and

(c)the employer is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person, and has confirmed in writing to the registered person that he is so satisfied.

(5) For the purposes of paragraphs (1) and (4), a person is not fit to work at a nursing home unless –

(a)he is of integrity and good character;

(b)he has qualifications or training suitable to the work that he is to perform, and the skills and experience necessary for such work;

(c)he is physically and mentally fit for the purposes of the work he is to perform at the nursing home;

(d)full and satisfactory information is available in relation to him in respect of the following matters –

(i)each of the matters specified in paragraphs 1 to 7 of Schedule 2;

(6) The registered person shall ensure that all health care professionals are covered by appropriate professional indemnity.

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