The Establishments and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations which apply to establishments and agencies in Northern Ireland, amend certain Regulations made under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of nursing homes, residential care homes, nursing agencies, children’s homes, day care settings and domiciliary care agencies.

Regulation 2 of these Regulations amends the Nursing Homes Regulations (Northern Ireland) 2005 to enable a registered nursing home provider to allow a person to start work in a nursing home, pending receipt of a criminal record certificate pursuant to section 113A of the Police Act 1997 (“a criminal record certificate”), or an enhanced criminal record certificate pursuant to section 113B of that Act (“an enhanced criminal record certificate”), provided that certain conditions are met. The conditions include that either a criminal record certificate, or if applicable, that an enhanced criminal record certificate has been applied for, and the registered person has obtained confirmation in writing that the new worker is not included in the list mentioned in Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. In those circumstances the new worker must be subject to specified conditions with regard to supervision. Other amendments are also made to paragraph 2 of Schedule 2 with regard to references to sections 113A and 113B of the Police Act 1997.

Regulation 3 of these Regulations makes similar amendments to the Residential Care Homes Regulations (Northern Ireland) 2005.

Regulation 4 of these Regulations amends the Nursing Agencies Regulations (Northern Ireland) 2005 to enable a registered provider of a nursing agency to supply a nurse to a service user, pending receipt of a criminal record certificate, or an ehanced criminal record certificate, provided that certain conditions are met. The conditions include that either a criminal record certificate, or if applicable, an enhanced criminal record certificate has been applied for, and the registered person has obtained confirmation in writing that the nurse is not included in a list mentioned in Articles 16 or 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. In those circumstances, or where an agency is acting as an employment business, the registered person shall inform the service user, or the service user’s representative that there is outstanding information in relation to the criminal record certificate, or if applicable, the enhanced criminal record certificate. Other amendments are also made to paragraph 2 of Schedule 2 and paragraph 13 of Schedule 3 with regard to references to sections 113A and 113B of the Police Act 1997.

Regulation 5 of these Regulations amends the Children’s Homes Regulations (Northern Ireland) 2005 to enable a registered children’s home provider to allow a person to start work at a children’s home, pending receipt of a criminal record certificate, or an enhanced criminal record certificate, provided that certain conditions are met. The conditions include that either a criminal record certificate, or if applicable, that an enhanced criminal record certificate, has been applied for, and that the registered person has obtained confirmation in writing that the new worker is not included in a list mentioned in Article 16 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. In those circumstances the new worker must be subject to specified conditions with regard to supervision. Other amendments are also made to paragraph 2 of Schedule 2 with regard to references to sections 113A and 113B of the Police Act 1997.

Regulation 6 of these Regulations amends the Day Care Setting Regulations (Northern Ireland) 2007 to enable a registered day care setting provider to allow a person to start work at a day care setting, pending receipt of a criminal record certificate, or an enhanced criminal record certificate, provided that certain conditions are met. The conditions include that either a criminal record certificate, or if applicable, that an enhanced criminal record certificate, has been applied for, and that the registered person has obtained confirmation in writing that the new worker is not included in the list mentioned in Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. In those circumstances the new worker must be subject to specified conditions with regard to supervision.

Regulation 7 of these Regulations amends the Domiciliary Care Workers Regulations (Northern Ireland) 2007 to enable an agency provider to supply a domiciliary care worker to a service user, pending receipt of a criminal record certificate, or an enhanced criminal record certificate, provided that certain conditions are met. The conditions include that either a criminal record certificate, or if applicable, that an enhanced criminal record certificate, has been applied for, and that the registered person has obtained confirmation in writing that the new worker is not included in the list mentioned in Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. In those circumstances, or where a domiciliary care agency is acting as an employment business, the registered person shall inform the service user that there is outstanding information in relation to the criminal record certificate, or if applicable, the enhanced criminal record certificate.