The Nursing Agencies Regulations (Northern Ireland) 2005

PART I N.I. GENERAL

Citation and commencement N.I.

1.  These Regulations may be cited as the Nursing Agencies Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Commencement Information

I1 Reg. 1 in operation at 1.4.2005, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations –

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“agency” means a nursing agency;

“general practitioner” means a medical practitioner who provides primary services;

“health care professional” means a member of a profession which is regulated by a body mentioned (at the time the agreement is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(1);

“holistic care” means the care provided by a multi-professional team working together to meet physical, psychological, social, religious and cultural needs of patients;

“inspector” means a person authorised by the Regulation and Improvement Authority to enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency;

“local supervising authority” means a HSS Board in relation to which area the nursing agency operates;

“nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001(2) by virtue of qualifications in nursing or midwifery, as the case may be;

“organisation” means a body corporate or any unincorporated association other than a partnership;

“patient” means a person to whom nursing is provided by a nurse supplied by an agency;

“registered manager”, in relation to an agency, means a person who is registered under Part III of the Order as the manager of that agency;

“registered person”, in relation to an agency, means any person who is the registered provider or the registered manager of that agency;

“registered provider”, in relation to an agency, means a person who is registered under Part III of the Order as the person carrying on that agency;

“responsible individual” shall be construed in accordance with regulation 7;

“service user” means a person to whom an agency –

(a)

supplies a nurse who is employed by the agency; or

(b)

provides services for the purpose of supplying the service user with a nurse for employment by that service user;

“service user’s guide” means the written guide produced in accordance with regulation 5;

“social care worker” has the same meaning as in section 2(2) of the Health and Personal Social Services Act (Northern Ireland) 2001(3);

“statement of purpose” means the written statement compiled in accordance with regulation 4.

(2) In these Regulations, references to the supply of a nurse mean –

(a) the supply of a nurse who is employed for the purposes of an agency to act for and under the control of another person; and

(b) the introduction of a nurse by an agency to a service user for employment by that service user.

(3) In the definition of “service user” in paragraphs (1) and (2), the terms “employed” and “employment” include employment under a contract for services.

Commencement Information

I2 Reg. 2 in operation at 1.4.2005, see reg. 1

Excepted agencies N.I.

3.  For the purposes of the Order, an HSS trust which supplies nurses to work solely for other HSS trusts shall be excepted from being a nursing agency.

Commencement Information

I3 Reg. 3 in operation at 1.4.2005, see reg. 1

Statement of purpose N.I.

4.—(1) The registered person shall compile in relation to the agency a written statement which shall consist of a statement as to the matters listed in Schedule 1.

(2) The registered person shall supply a copy of the statement of purpose to the Regulation and Improvement Authority and shall make a copy of it available on request for inspection by every service user and any person acting on behalf of a service user.

(3) Nothing in regulation 21 shall require or authorise the registered person to contravene, or not to comply with –

(a) any other provision of these Regulations; or

(b) the conditions for the time being in force in relation to the registration of the registered person under Part III of the Order.

Commencement Information

I4 Reg. 4 in operation at 1.4.2005, see reg. 1

Service user’s guide N.I.

5.—(1) The registered person shall prepare a service user’s guide which shall include –

(a) a summary of the statement of purpose;

(b) the terms and conditions in respect of the services to be provided to service users, including as to the amount and method of payment of fees;

(c) a summary of the complaints procedure established in accordance with regulation 19; and

(d) details of how patients can engage with inspectors, including the address and telephone number of the Regulation and Improvement Authority.

(2) The registered person shall make a copy of the service user’s guide available on request by every service user and any person acting on behalf of a service user.

Commencement Information

I5 Reg. 5 in operation at 1.4.2005, see reg. 1

Review of statement of purpose and service user’s guide N.I.

6.  The registered person shall –

(a) keep under review and, where appropriate, revise the statement of purpose and the service user’s guide; and

(b) notify the Regulation and Improvement Authority of any material revision within 28 days.

Commencement Information

I6 Reg. 6 in operation at 1.4.2005, see reg. 1

(1)

S.I. 2002 (c. 17)

(2)

S.I. 2002/253

(3)

2001 c. 3 (N.I.)