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

Amendments to the Care Homes Regulations 2001

9.—(1) The Care Homes Regulations 2001(1) 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)(2); 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.”.

(1)

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

(2)

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