- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 No. 781
Regulations 4, 5, 6 and 21
1. Proof of identity including a recent photograph.
2. Where the certificate is required for a purpose referred to in—
(a)section 113A(2)(b) of the Police Act 1997(1), a criminal record certificate issued under section 113A of that Act together with, after the appointed day and where applicable, relevant information relating to children or vulnerable adults; or
(b)section 113B(2)(b) of the Police Act 1997, an enhanced criminal record certificate issued under section 113B of that Act together with, where applicable, suitability information relating to children or vulnerable adults.
3. Satisfactory evidence of conduct in previous employment concerned with the provision of services relating to—
(a)health or social care; or
(b)children or vulnerable adults.
4. Where a person (P) has been previously employed in a position whose duties involved work with children or vulnerable adults, satisfactory verification, so far as reasonably practicable, of the reason why P’s employment in that position ended.
5. Satisfactory documentary evidence of any relevant qualification.
6. A full employment history, together with a satisfactory written explanation of any gaps in employment.
7. Satisfactory information about any physical or mental health conditions which are relevant to the person’s ability to carry on, manage or work for the purposes of, the regulated activity.
8. For the purposes of this Schedule—
(a)“the appointed day” means the day on which section 30 of the Safeguarding Vulnerable Groups Act 2006(2) comes into force;
(b)“relevant information relating to children or vulnerable adults” has the same meaning as in section 31(2) and (3) of that Act;
(c)“satisfactory” means satisfactory in the opinion of the Commission; and
(d)“suitability information relating to children or vulnerable adults” means the information specified in sections 113BA and 113BB respectively of the Police Act 1997(3).
1997 c. 50. Sections 113A and 113B were inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 163(2), and amended by the Safeguarding Vulnerable Groups Act 2006 (c. 47), Schedule 9, Part 2, paragraphs 14(1), (2) and (3).
Sections 113BA and 113BB were inserted into the Police Act 1997 by the Safeguarding Vulnerable Groups Act 2006, section 63(1), Schedule 9, Part 2, paragraph 14(1) and (4).
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