The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

PART 3 Services and facilities – adult social care and health

Amendments to the Adult Placement Schemes (England) Regulations 2004

8.—(1) The Adult Placement Schemes (England) Regulations 2004(1) are amended as follows.

(2) For paragraph 2 of Schedule 2 (information and documents in respect of persons providing, managing or working for the purposes of a scheme (excluding adult placement carers)) 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 (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)(2) of that Act); or

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

(3) For paragraph 2 of Schedule 3 (information and documents in respect of adult placement carers), substitute—

“2.   Either—

(a) where the certificate is required for assessing the fitness of a person to be an adult placement carer and 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); or

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

Amendments to the Care Homes Regulations 2001

9.—(1) The Care Homes Regulations 2001(3) are amended as follows.

(2) In regulation 19 (fitness of workers)—

(a) in paragraph (4A), for the words “a criminal record certificate pursuant to section 113 of the 1997 Act, or an enhanced criminal record certificate pursuant to section 115 of that Act” substitute “an enhanced criminal record certificate pursuant to section 113B of the 1997 Act”;

(b) omit paragraph (7)(4); and

(c) for paragraph (10), substitute—

“(10) The conditions are—

(a) the new worker will not be engaging in regulated activity relating to children;

(b) an enhanced criminal record certificate has been applied for in respect of the new worker pursuant to section 113B of the 1997 Act; and

(c) notification has been received under section 113E(4)(a) of the 1997 Act that the new worker is not included on a specified adults’ list (within the meaning of section 113E of that Act).”.

(3) For paragraph 7 of Schedule 2 (information and documents in respect of persons carrying on, managing or working at a care home) substitute—

“7.   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.”.

Amendments to the Domiciliary Care Agencies Regulations 2002

10.—(1) The Domiciliary Care Agencies Regulations 2002(5) are amended as follows.

(2) In regulation 12 (fitness of domiciliary care workers supplied by an agency)—

(a) in paragraph (1), omit “(4)”;

(b) omit paragraphs (3) and (4); and

(c) for paragraph (6), substitute—

“(6) The conditions are—

(a) the new worker will not be engaging in regulated activity relating to children;

(b) an enhanced criminal record certificate has been applied for in respect of the new worker pursuant to pursuant to section 113B of the 1997 Act; and

(c) notification has been received under section 113E(4)(a) of the 1997 Act that the new worker is not included on a specified adults’ list (within the meaning of section 113E of that Act).”.

(3) For paragraph 2 of Schedule 2 (information required in respect of registered providers and managers of an agency) 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 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.”.

(4) For paragraph 13 of Schedule 3 (information required in respect of domiciliary care workers), substitute—

“13.   Either—

(a) where the certificate is required for assessing the fitness of a domiciliary care worker and 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.”.

Amendments to the Nurses Agencies Regulations 2002

11.—(1) The Nurses Agencies Regulations 2002(6) are amended as follows.

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

(a) omit paragraphs (5) and (6); and

(b) for paragraph (8), substitute—

“(8) The conditions are—

(a) the nurse will not be engaging in regulated activity relating to children;

(b) an enhanced criminal record certificate has been applied for in respect of the nurse pursuant to section 113B of the 1997 Act; and

(c) notification has been received under section 113E(4)(a) of the 1997 Act that the new worker is not included on a specified adults’ list (within the meaning of section 113E of that Act).”.

(3) in paragraph (9)(i), for “a criminal record certificate” and a “full criminal record certificate” substitute “an enhanced criminal record certificate”.

(4) For paragraph 2 of Schedule 2 (information required in respect of registered providers and managers of an agency and nurses responsible for selecting nurses from supply to service users) 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.”.

(5) For paragraph 13 of Schedule 3 (information required in respect of nurses to be supplied by an agency), substitute—

“13.   Either—

(a) where the certificate is required for assessing the fitness of a nurse to be supplied by an agency and 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.”.

Amendment to the Private and Voluntary Health Care (England) Regulations 2001

12.—(1) The Private and Voluntary Health Care (England) Regulations 2001(7) are amended as follows.

(2) For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or work at an establishment) 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 adults (within the meaning of sections 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.”.

(1)

S.I. 2004/2071.

(2)

Section 113BB was inserted by section 63(1) of, and paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(3)

S.I. 2001/3965. Relevant amending instrument is S.I. 2004/1770.

(4)

Omit paragraph (7) which was inserted by S.I. 2004/1770.

(5)

S.I. 2002/3214. Relevant amending instruments are S.I. 2003/2323 and 2004/1770.

(6)

S.I. 2002/3212. Relevant amending instruments are S.I. 2003/2323 and 2004/1770.

(7)

S.I. 2001/3968. Relevant amending instrument is S.I. 2002/865.