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The Day Care Setting Regulations (Northern Ireland) 2007

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Fitness of workers

21.—(1) The registered person shall not employ a person to work in the day care setting unless—

(a)the person is fit to work in the day care setting;

(b)subject to paragraph (3), he has obtained in respect of that person the information and documents specified in 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) The registered person shall not allow a person who is employed by a person (“the employer”) other than the registered person to work in a position where he may have regular contact with service users in the day care setting, unless—

(a)he is fit to work in the day care setting;

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

(3) For the purposes of paragraphs (1) and (2), a person is not fit to work at a day care setting 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 in the day care setting;

(d)full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2;

(4) The registered person shall ensure that all health care professionals working in the day care setting are covered by appropriate professional indemnity.

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