The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013

Statutory Rules of Northern Ireland

2013 No. 225

Health And Personal Social Services

The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013

Made

20th September 2013

Coming into operation

21st October 2013

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by section 8(3) and 57(3) of the Health and Personal Social Services Act (Northern Ireland) 2001 M1 and Articles 23(1), (2)(a) and (b), (3) and (4), 25(1) and 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 M2 .

In accordance with Article 23(8) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 the Department has consulted with such persons as it considers appropriate.

Marginal Citations

M1 2001 c.3 (N.I.)

M2 S.I. 2003/431 (N.I. 9)

PART 1 N.I. General

Citation and commencement N.I.

1.  These Regulations may be cited as the Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013 and shall come into operation on 21st October 2013.

Interpretation N.I.

2.  In these Regulations references to employing a person include employing a person for payment, whether under a contract of service, a contract for services or otherwise than under a contract but do not include allowing a person to act as a volunteer; and references to a person being employed shall be construed accordingly.

3.  In these Regulations—

“the Act” means the Health and Personal Social Services Act (Northern Ireland) 2001;

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“provider” means the person who for the time being is registered under Part III of the Order as a person who carries on a children's home, a residential care home, a nursing home, a day care setting [F1 a domiciliary care agency or a residential family centre] ;

“the register” means the register F2 ... maintained by the Northern Ireland Social Care Council under section 3(1) of the Act;

“relevant part” means that part of the register referred to in section 3(2) of the Act which is most relevant to that person, taking into account their current employment;

F3 ...

“the 2006 Regulations” means the Northern Ireland Social Care Council (Social Care Workers) Regulations (Northern Ireland) 2006 M3 .

Textual Amendments

F1 Words in reg. 3 substituted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 3(a)

F2 Words in reg. 3 omitted (27.10.2017) by virtue of The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 3(b)

F3 Words in reg. 3 omitted (27.10.2017) by virtue of The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 3(c)

Marginal Citations

M3 S.R. 2006 No. 394

PART 2 N.I. Social care workers

Registration N.I.

[F4 4.— (1) For the purposes of section 8(3) of the Act, a person, other than—

(a) a social worker who is registered in a relevant part of the register; or

(b) a person who is excepted by regulation 2 of the 2006 Regulations,

is prohibited from working in any of the positions mentioned in paragraph (2) unless they are registered in a relevant part of the register.

(2) The positions are—

(a) a member of care staff at a children’s home;

(b) a member of care staff at a residential care home;

(c) a member of care staff at a nursing home;

(d) a member of care staff in a day care setting;

(e) a member of care staff at a residential family centre;

(f) a person who is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;

(g) a manager of a residential care home;

(h) a manager of a day care setting;

(i) a manager of a residential family care centre; or

(j) a manager of a domiciliary care agency.]

Textual Amendments

F4 Reg. 4 substituted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 4

PART 3 N.I. Fitness of workers

Duty on providers N.I.

5.—(1) For the purposes of article 23 of the F5 ... Order, a provider shall not employ a person in any of the positions specified in Regulation 4(2) unless that person is fit to be employed.

(2) Subject to [F6 paragraph (3)] and Regulations 6 and 7, a person is unfit to be so employed unless registered in the relevant part of the register.

(3) [F7 Paragraph (2)] does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, other than this statutory provision to be registered with any person or body other than the Northern Ireland Health and Social Care Council and is so registered.

Textual Amendments

F5 Word in reg. 5(1) omitted (27.10.2017) by virtue of The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 5(a)

F6 Words in reg. 5(2) substituted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 5(b)

F7 Words in reg. 5(3) substituted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 5(c)

Registration of the existing work force N.I.

F8 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 6 revoked (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 7(a)

[F9 Registration of persons in employment in positions prescribed at regulation 4(2)(d), (e), (f) and (i) N.I.

6A.— (1) Subject to paragraph (2), where a person is employed in one of the positions mentioned in regulation 4(2)(d), (e), (f) and (i), regulation 5(2) shall not apply to a person required to register in a relevant part of the register until 3 months from the date this paragraph comes into operation.

(2) Paragraph (1) shall not apply to a person who has been removed from the register under rules made pursuant to section 6 of the Act.]

Textual Amendments

F9 Reg. 6A added (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 6

New employment N.I.

7.—(1) Subject to paragraph (4), where a person commences employment for the first time in one of the positions specified in Regulation 4(2), Regulation 5 shall apply in accordance with this Regulation.

(2) The person required to register in a relevant part of the register shall apply for registration as soon as reasonably practicable after commencing that new employment.

(3) Notwithstanding the generality of paragraph (2), the person must achieve such registration within 6 months of the commencement date of that new employment.

(4) Paragraphs (2) and (3) shall not apply to a person who has been removed from the register under rules made pursuant to section 6 of the Act.

Offences N.I.

F10 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Reg. 8 revoked (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 7(b)

PART 4 N.I. Consequential amendments

Amendments to the Children's Homes Regulations (Northern Ireland) 2005 N.I.

9.—(1) The Children's Homes Regulations (Northern Ireland) 2005 M4 shall be amended in accordance with the following paragraphs.

(2) In Regulation 2(1) for the definition of “relevant register” substitute the following definitions—

““the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;

“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;”.

(3) In Regulation 8—

(a) for paragraph (2)(b)(ii) substitute–

“(ii) subject to paragraph (3), he is registered as a social worker in the relevant part of the register; and”and

(b) after paragraph (2) insert–

“(3) Paragraph (2)(b)(ii) does not apply to a person whose employment as a manager of a children's home commenced prior to 21st October 2013.”

(4) In Regulation 25(3)(c) and (e) and paragraph 7 of Schedule 2 after “relevant” insert “ part of the ”.

Marginal Citations

M4 S.R. 2005 No. 176

Amendments to the Residential Care Homes Regulations (Northern Ireland) 2005 and the Nursing Homes Regulations (Northern Ireland) 2005 N.I.

10.—(1) The Residential Care Homes Regulations (Northern Ireland) 2005 M5 and the Nursing Homes Regulations (Northern Ireland) 2005 M6 shall be amended in accordance with the following paragraphs.

(2) In Regulation 2(1) in the appropriate place insert the following definitions—

““the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;

“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;”.

(3) In Regulation 21(5) after sub-paragraph (d) insert—

“(e) subject to sub-paragraph (f) he is registered in the relevant part of the register;

(f) sub-paragraph (e) does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered.”.

Marginal Citations

M5 S.R. 2005 No. 161

M6 S.R. 2005 No. 160

11.  In Regulation 9(2)(b) of the Residential Care Homes Regulations (Northern Ireland) 2005 after head (ii) insert—

“(iii) subject to head (iv) he is registered in the relevant part of the register;

(iv) head (iii) does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered;”.

Amendments to the Day Care Setting Regulations (Northern Ireland) 2007 and the Domiciliary Care Agencies Regulations (Northern Ireland) 2007 N.I.

12.—(1) The Day Care Setting Regulations (Northern Ireland) 2007 M7 and the Domiciliary Care Agencies Regulations (Northern Ireland) 2007 M8 shall be amended in accordance with the following paragraphs.

(2) In Regulation 2(1) in the appropriate place insert the following definitions—

““the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;

“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;”

(3) In Regulation 10(2)(b) after head (ii) insert—

“(iii) subject to head (iv), he is registered in the relevant part of the register;

(iv) head (iii) does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered; and”.

Marginal Citations

M7 S.R. 2007 No. 234

M8 S.R. 2007 No. 235

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th September 2013

L.S.

Christine Smyth

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision (Regulation 4) prohibiting social care workers from working in specified positions unless they are registered in a relevant part of the register maintained by the Northern Ireland Social Care Council.

The Regulations also impose a requirement on providers (i.e. persons carrying on specified establishments or agencies) (Regulation 5) not to employ persons in any of those specified positions unless they comply with the requirement in Regulation 4 to register. A provider who fails to comply with this requirement without reasonable excuse is guilty of an offence (Regulation 8).

The Regulations also provide a timeframe within which the persons employed in the specified positions must secure registration (Regulations 6 and 7).

Consequential amendments are made to the Children's Homes Regulations (Northern Ireland) 2005, the Residential Care Homes Regulations (Northern Ireland) 2005, the Nursing Homes Regulations (Northern Ireland) 2005, the Day Care Setting Regulations (Northern Ireland) 2007 and the Domiciliary Care Agencies Regulations (Northern Ireland) 2007.