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

Amendments to the Domiciliary Care Agencies Regulations 2002

10.—(1) The Domiciliary Care Agencies Regulations 2002(1) 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.”.

(1)

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