Search Legislation

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

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made).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

Amendments to the Private and Voluntary Health Care (Wales) Regulations 2002

14.—(1) The Private and Voluntary Health Care (Wales) Regulations 2002(1) are amended as follows.

(2) In regulation 9 (fitness of registered provider)—

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

(ii)where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2;;

(b)for paragraph (3) (c) (iii) substitute—

(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 11 (fitness of manager)—

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

(ii)where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2;;

(b)for paragraph (2) (c) (iii) substitute—

(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 18 (fitness of workers)—

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

(ii)where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2;;

(b)after paragraph (2) (d) (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—

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

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

(d)in paragraph (4)(b) for the words “unless paragraph (5) applies” substitute “unless paragraph (5) or (5A) applies”;

(e)for paragraph (5) (b) (iii) substitute—

(iii)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).;

(f)in paragraph (5A) after sub paragraph (b) insert—

(ba)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);.

(5) In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at an establishment)—

(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, in respect of which less than three years have elapsed since it was issued; or

(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997 in respect of which less than three years have elapsed since it was issued.;

(b)omit paragraphs 8 and 9 .

(1)

S.I. 2002/325 (W.38). Relevant amending instruments are S.I. 2002/2622 (W.254) and 2004/2414 (W.222).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources