The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulations made under the Care Standards Act 2000 (the Care Homes (Wales) Regulations 2002; the Children’s Homes (Wales) Regulations 2002 and the Private and Voluntary Health Care (Wales) Regulations 2002) (“the 2000 Act regulations”) and under the Children Act 1989 (the Child Minding and Day Care (Wales) Regulations 2002) (“the 1989 Act regulations”); and regulations made under both Acts (the Registration of Social Care and Independent Health Care (Wales) Regulations 2002) (“the registration regulations”).

The 2000 Act regulations require certain individuals involved in the operation of settings to which they apply to be 'fit' (the individuals are the registered provider, the registered manager and certain staff). One requirement of 'fitness' is that certain information and documentation is to be available in relation to these individuals. Amongst the documentation that is to be available are criminal record certificates issued under section 113 of the Police Act 1997 or (as the case may be) enhanced criminal record certificates issued under section 115 of that Act. This requirement does not apply in relation to an individual where any information that would otherwise be included in a certificate issued in respect of him or her is not available because any provision of the Police Act 1997 is not in force. In such circumstances the results of a police check of criminal conviction information are instead required to be available in respect of the individual. The provisions of the Police Act 1997 that provide for the inclusion of information within certificates as to whether a person is included on the list of persons considered unsuitable to work with vulnerable adults (kept under s.81 of the Care Standards Act 2002) are not yet in force.

The amendments to the 2000 Act regulations (i) omit the requirement for a police check to be available in respect of the individuals just described in the circumstances just described; and (ii) instead require that a criminal record certificate or (as the case may be) an enhanced criminal record certificate is to be available in respect of such individuals.

For a similar purpose similar amendments are made to the 1989 Act regulations.

To correspond to the amended 2000 Act and 1989 Act regulations, the registration regulations are amended to require criminal record certificates or (as the case may be) enhanced criminal record certificates to be produced in respect of certain individuals as part of the application process in respect of persons required to be registered under Part II of the Care Standards Act 2000 or (as the case may be) Part XA of the Children Act 1989. In addition where enhanced criminal record certificates have been applied for but have not been issued, then provided all other specified information is available, individuals may be adjudged to be “fit” notwithstanding the absence of the enhanced criminal record checks.

A typographical error is rectified in regulation 2(4)(c).