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The Nurses Agencies (Wales) Regulations 2003

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Regulations 7(3), 9(2) and 12(2)

SCHEDULE 2INFORMATION REQUIRED IN RESPECT OF REGISTERED PROVIDERS AND MANAGERS OF AN AGENCY AND NURSES RESPONSIBLE FOR SELECTING NURSES FOR SUPPLY TO SERVICE USERS

1.  Proof of identity, including a recent photograph.

2.  Either —

(a)where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997 (registration under Part II of the Care Standards Act 2000)(1), or the position falls within section 115(3) or (4) of that Act(2), an enhanced criminal record certificate issued under section 115 of that Act; or

(b)in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act(3).

3.  Two written references, including a reference relating to the last period of employment of not less than three months duration.

4.  Where a person has previously worked in a position which involved work with children or vulnerable adults, verification of the reason why the employment or position ended except where the National Assembly has determined that all reasonable steps have been taken to obtain such verification but it is not available.

5.  Documentary evidence of any relevant qualifications and training.

6.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

7.  In respect of a nurse to whom regulation 12(2) applies, confirmation of current registration with the Nursing and Midwifery Council(4), including details of the Part of the register in which the nurse is registered.

8.  Details of any professional indemnity insurance.

9.  A police check being a report produced by or on behalf of a chief officer of police within the meaning of the Police Act 1997 which records, as at the time the report is produced, all criminal offences —

(a)for which the person has been convicted including convictions which are spent within the meaning of the Rehabilitation of Offenders Act 1974(5) and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(6); or

(b)in respect of which the person has been cautioned and which, at the time the caution was given, the person admitted.

(1)

Section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104.

(2)

A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.

(3)

Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c. 14), and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.

(4)

The register is maintained pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).

(6)

S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I. 1986/2268 and S.I. 2001/1192.

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