The Care Standards Act 2000 (Registration)(England) Regulations 2010

Criminal record certificates in respect of staff

9.—(1) A statement confirming that—

(a) the documents specified in sub-paragraph (2) have been issued—

(i) in the case of any applicant, to every person, other than the applicant, who works, or is intended to work, for the purposes of the establishment or agency; and

(ii) where the applicant is an organisation, to the responsible individual; and

(b) the applicant will make the documents available for inspection by the CI if the CI so requires.

(2) The following documents are specified—

(a) where the position falls within regulation 5A(a) of the Police Act 1997 (Criminal Records) Regulations 2002(1) an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (as defined in section 113BB(2) of that Act) or suitability information relating to children (as defined in section 113BA(2) of that Act), or both; or

(b) in any other case, a criminal record certificate issued under section 113A(2) of the Police Act 1997.

(1)

S.I 2002/233. Regulation 5A was inserted by The Police Act 1997 (Criminal Records) (Amendment) Regulations 2006 (S.I. 2006/748).

(2)

Section 113A was inserted by the Serious Organised Crime and Police Act 2005 (c.15) and amended by the Protection of Vulnerable Groups (Scotland) Act 2007, the Policing and Crime Act 2009, the Police Act 1997 (Criminal Records)(Electronic Communications) Order 2009 (S.I. 2009/203), the Criminal Justice and Immigration Act 2008 (c.4) and the Safeguarding Vulnerable Groups Act 2006.