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

Amendment of the Day Care Setting Regulations (Northern Ireland) 2007

6.—(1) The Day Care Setting Regulations (Northern Ireland) 2007(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 21 (fitness of workers)—

(a) for paragraph (1)(b), substitute—

“(b) subject to paragraphs (3) and (5), he has obtained in respect of that person the information and documents specified in paragraphs 1 to 7 of Schedule 2;”;

(b) in paragraph (3)(d), at the beginning insert “subject to paragraph (5),”;

(c) after paragraph (4) add—

“(5) Where the conditions set out in paragraph (6) are satisfied, the registered person may permit a person (“the new worker”) to start work in a day care setting notwithstanding that paragraphs (1)(b) and (3)(d) have not been complied with in so far as they relate to paragraph 2 of Schedule 2.

(6) The conditions in respect of a new worker are—

(a) that either—

(i) a criminal record certificate has been applied for pursuant to section 113A of the Police Act 1997 (“a criminal record certificate”); or

(ii) an enhanced criminal record certificate has been applied for pursuant to section 113B of that Act (“an enhanced criminal record certificate”); and

(b) 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.

(7) Where a registered person permits a new worker to start work pursuant to paragraph (5), the registered person shall—

(a) appoint a member of staff (“the appointed staff member”), who is appropriately qualified and experienced to supervise the new worker pending receipt of, and satisfying himself with regard to, the outstanding information in relation to a criminal record certificate, or an enhanced criminal record certificate;

(b) ensure that the appointed staff member, or another appropriately qualified and experienced member of staff, is on duty at the same time as the new worker; and

(c) ensure that the new worker does not escort service users away from the day care setting unless accompanied by the appointed staff member, or another appropriately qualified and experienced member of staff.”.

(3) In paragraph 2 of Schedule 2, at the end insert “and an application for either certificate shall be accompanied, where applicable, by an adults’ suitability statement under section 113D of that Act.”.

(1)

S.R. 2007 No. 234