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7.—(1) The Domiciliary Care Agencies Regulations (Northern Ireland) 2007(1) are amended as follows.
(2) In regulation 13 (Fitness of domiciliary care workers supplied by an agency)–
(a)the existing words become paragraph (1) and in that paragraph, after sub-paragraph (d) insert—
“but this is subject to paragraphs (2) to (4).”; and
(b)after paragraph (1) insert—
“(2) Where the conditions set out in paragraph (3) are satisfied, the agency may supply a domiciliary care worker (“P”) to a service user even though the information and documents mentioned in paragraphs 2 and 4 to 12 of Schedule 3 other than details of registration with an appropriate regulatory body are not available.
(3) The conditions are that the registered person must ensure that—
(a)whichever of the following certificates would be required to be obtained in respect of P under paragraph 12 of Schedule 3 in the absence of paragraph (2) has been applied for—
(i)a criminal record certificate pursuant to section 113A of the Police Act 1997, or
(ii)an enhanced criminal record certificate pursuant to section 113B of that Act;
(b)the information and documents mentioned in paragraphs 2 and 4 to 11 of Schedule 3 have been requested; and
(c)confirmation has been obtained in writing from the Department of Justice that P is not included in the adults’ barred lists maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
(4) Where the agency supplies a domiciliary care worker to a service user in the circumstances mentioned in paragraph (2), and the agency is acting otherwise than as an employment agency, the agency must—
(a)ensure that, so far as is reasonably practicable, an appropriately qualified and experienced member of staff supervises P and is available to be contacted when P is on duty, until the information and documents mentioned in paragraphs 2 and 4 to 12 of Schedule 3 have been obtained; and
(b)contact the service user, or the service user’s representative, at regular intervals and no less than once per month in order to monitor the service user’s satisfaction with the care provided by P, and any complaints that may arise;
(c)inform the service user, or the service user’s representative, of the position in relation to the information and documents, including when they are available; and
(d)terminate the supply of P to the service user where the registered person considers that the information or documents, when available, are not satisfactory.”.
(3) In regulation 18 (Provision of information to service users)–
(a)after paragraph (1) insert—
“(1A) Where the agency supplies a domiciliary care worker to a service user in the circumstances mentioned in regulation 13(2), and the agency is acting as an employment agency, the registered person must—
(a)inform the service user of the information and documents mentioned in paragraphs 2 and 4 to 12 of Schedule 3 that are not yet available;
(b)inform the service user when the information and documents are available.”; and
(b)for paragraph (2) substitute—
“(2) The registered person must ensure, where appropriate, that the information specified in paragraph (1) and, where applicable, paragraph (1A) is provided to the service user’s relatives or carers.”.
(4) In paragraph 8 of Schedule 2 (Information and documents required in respect of registered providers and managers of an agency), for the word “Details” substitute, “If applicable, details”.
S.R. 2007 No. 235; Regulations 13 and 18 have been amended by S.R. 2009 No. 145 and Regulation 13 has been amended by S.R. 2017 No. 207.
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