12.—(1) The Domiciliary Care Agencies (Wales) Regulations 2004(1) are amended as follows.
(2) In Schedule 2 (information required in respect of registered providers and managers of an agency and persons nominated to deputise for a registered person)
(a)for paragraph 3 substitute—
“3. Either—
(a)where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB (2) of that Act) and, where applicable, suitability information relating to children (within the meaning of section 113BA (2) of that Act); or
(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.” ;
(b)omit paragraph 11.
(3) In Schedule 3 (information and documentation to be available in respect of domiciliary care workers) —
(a)for paragraph 4 substitute—
“4. Either —
(a)where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB (2) of that Act) and, where applicable, suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.” ;
(b)omit paragraph 13.
S.I. 2004/219 (W.23). Relevant amending instrument is S.I. 2004/2414 (W.222).