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The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009

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Amendments to the Nurses Agencies (Wales) Regulations 2003

13.—(1) The Nurses Agencies (Wales) Regulations 2003(1) are amended as follows.

(2) In regulation 7 (fitness of registered provider)—

(a)for paragraph (3) (c) (ii) substitute—

(ii)where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 8 of Schedule 2; ;

(b)after paragraph (3) (c) (ii) insert—

(iii)and further, where paragraph (4) applies, notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).;

(c)for paragraph (4) substitute—

(4) This paragraph applies—

(a)where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and

(b)the individual will not be engaging in regulated activity relating to children..

(3) In regulation 9 (fitness of manager)—

(a)for paragraph (2) (c) (ii) substitute—

(ii)where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 8 of Schedule 2;;

(b)after paragraph (2) (c) (ii) insert—

(iii)and further where paragraph (3) applies, notification has been received under section 113E(4)(a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).;

(c)for paragraph (3) substitute—

(3) This paragraph applies—

(a)where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and

(b)the individual will not be engaging in regulated activity relating to children..

(4) In regulation 12 (fitness of nurses supplied by an agency)—

(a)for paragraph (1) (d) (ii) substitute—

(ii)where paragraph (3) applies, in respect of each matter specified in paragraphs 1 to 3 and 6 to 13 of Schedule 3;;

(b)in paragraph (1) (d) insert after paragraph (1) (d) (ii)—

(iii)and further, where paragraph (3) applies, notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).;

(c)for paragraph (2)(ii) substitute—

(ii)where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 8 of Schedule 2;;

(d)after paragraph (2) (ii) insert—

(iii)and further, where paragraph (3) applies, notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).;

(e)for paragraph (3) of substitute—

(3) This paragraph applies—

(a)where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and

(b)the individual will not be engaging in regulated activity relating to children..

(5) In Schedule 2 (information required in respect of registered providers and managers of an agency and nurses responsible for selecting nurses for supply to service users)—

(a)for paragraph 2 substitute—

2.  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, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA (2) of that Act) or both; or

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

(b)omit paragraphs 9 and 10.

(6) In Schedule 3 (information required in respect of nurses to be supplied by an agency)—

(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, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB (2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both ; or

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

(b)omit paragraphs 5 and 14.

(1)

S.I. 2003/2527 (W.242). Relevant amending instruments are S.I. 2003/3054 (W.292) and S.I. 2004/2414 (W.222).

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