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The Domiciliary Care Agencies (Wales) Regulations 2004

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Name, commencement and application

    2. 2.Interpretation

    3. 3.Excepted undertakings and application to employment agencies

    4. 4.Statement of purpose

    5. 5.Service user’s guide

    6. 6.Review of statement of purpose and service user’s guide

    7. 7.Agency documents

  3. PART II REGISTERED PERSONS

    1. 8.Fitness of registered provider

    2. 9.Appointment of manager

    3. 10.Fitness of manager

    4. 11.Registered person — general requirements and training

    5. 12.Notification of offences

  4. PART III CONDUCT OF DOMICILIARY CARE AGENCIES

    1. 13.Conduct of agency

    2. 14.Arrangements for the provision of personal care

    3. 15.Fitness of workers

    4. 16.Staffing

    5. 17.Staff handbook and code of conduct

    6. 18.Provision of information to service users

    7. 19.Identification of workers

    8. 20.Records

    9. 21.Complaints

    10. 22.Staff views as to conduct of agency

    11. 23.Review of quality of service provision

    12. 24.Fitness of premises

    13. 25.Financial position

    14. 26.Notification of incidents

    15. 27.Notice of absence

    16. 28.Notice of changes

    17. 29.Death of registered person

  5. PART IV MISCELLANEOUS

    1. 30.Compliance with regulations

    2. 31.Offences

    3. 32.Specification of appropriate offices

    4. 33.Amendment of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002

    5. 34.Amendment of the Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002

    6. 35.Transitional provisions

  6. Signature

    1. SCHEDULE 1

      INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE

      1. 1.Whether the agency is carried on by an individual, by...

      2. 2.The nature of the services which the agency provides.

      3. 3.The geographical area in which the agency provides services.

      4. 4.The range of qualifications of the domiciliary care workers who...

      5. 5.The circumstances in which the agency may cease to provide...

      6. 6.Arrangements for cancellation of the supply of a domiciliary care...

      7. 7.The agency’s charges.

      8. 8.Arrangements which will apply during the sickness or other absence...

      9. 9.Requirements in relation to time sheets.

      10. 10.The complaints procedure established in accordance with regulation 21.

      11. 11.Procedures to safeguard service users and domiciliary care workers.

      12. 12.Procedures to safeguard service users' property.

      13. 13.Procedures for the administration, or assistance with the administration, of...

      14. 14.Requirements to protect the health and safety of domiciliary care...

      15. 15.Procedures to be followed in the event of an occurrence...

      16. 16.Arrangements for service users to express their views about the...

      17. 17.The management structure of the agency.

      18. 18.Whether, and if so the extent to which, the agency...

    2. SCHEDULE 2

      INFORMATION REQUIRED IN RESPECT OF REGISTERED PROVIDERS AND MANAGERS OF AN AGENCY AND PERSONS NOMINATED TO DEPUTISE FOR A REGISTERED PERSON

      1. 1.Name, address, date of birth and telephone number.

      2. 2.Proof of identity, including a recent photograph.

      3. 3.Either — (a) where the certificate is required for a...

      4. 4.Two written references, including a reference relating to the last...

      5. 5.Where a person has previously worked in a position which...

      6. 6.Documentary evidence of any relevant qualifications and training.

      7. 7.A full employment history, together with a satisfactory written explanation...

      8. 8.Where the person is an individual, a report by a...

      9. 9.Details of registration with or membership of any professional body....

      10. 10.Details of any professional indemnity insurance.

    3. SCHEDULE 3

      INFORMATION AND DOCUMENTATION TO BE AVAILABLE IN RESPECT OF DOMICILIARY CARE WORKERS

      1. 1.Name, address, date of birth and telephone number.

      2. 2.Name, address and telephone number of next of kin.

      3. 3.Proof of identity, including a recent photograph.

      4. 4.Either — (a) where the position falls within section 115(3)...

      5. 5.Where the person has worked at any time within the...

      6. 6.Where a person has previously worked in a position which...

      7. 7.Evidence of satisfactory linguistic ability for the purposes of providing...

      8. 8.Documentary evidence of any relevant qualifications and training.

      9. 9.A full employment history, together with a satisfactory written explanation...

      10. 10.A statement by the person as to the state of...

      11. 11.A statement by the registered provider, or the registered manager,...

      12. 12.Details of any professional indemnity insurance.

    4. SCHEDULE 4

      RECORDS TO BE MAINTAINED FOR INSPECTION

      1. 1.Financial records

      2. 2.Counterfoils or copies of all receipts issued.

      3. 3.Details of the charges payable by each service user in...

      4. 4.Records of tax and national insurance contributions relating to each...

      5. 5.Other records

      6. 6.Details of every allegation of abuse, neglect or other harm...

      7. 7.Details of any physical restraint used on a service user....

      8. 8.Each service user’s service delivery plan prepared for him or...

      9. 9.A personnel record relating to each person employed by, or...

  7. Explanatory Note

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