The Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005

Criminal record certificates in respect of staff

10.—(1) In the case of an establishment or agency other than a nursing agency a statement confirming that –

(a) the documents specified in sub-paragraph (2) have been issued –

(i) in the case of any applicant, to every person, other than the applicant, who works, or is intended to work, for the purposes of the establishment or agency; and

(ii) where the applicant is an organisation, to the responsible individual; and

(b) the applicant will make the documents so issued available for inspection by the Regulation and Improvement Authority if the Regulation and Improvement Authority so requires.

(2) The following documents are specified –

(a) where the position falls within section 115(3) or (4) of the Police Act 1997 , an enhanced criminal record certificate issued to the person under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued to the person under section 113 of that Act,

including, where applicable the matters specified in section 113(3EA) and 115(6EA) of that Act and the following provisions, once they are in force, namely section 113(3EC)(a) and (b) and section 115(6EB)(a) and (b) of that Act.

(3) The following information is specified, that is to say, details of any criminal offences –

(a) of which a person has been convicted including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 and which may be disclosed by virtue of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979; or

(b) in respect of which a person has been cautioned by a constable and which at the time the caution was given, he admitted.

(4) In the case of a nursing agency, a statement confirming that –

(a) the documents specified in sub-paragraph (2) have been issued –

(i) in the case of any applicant, to any person who carries out, or is intending to carry out, the selection of any nurses to be supplied by the nursing agency; and

(ii) where the applicant is an organisation, to the responsible individual;

(b) the information specified in sub-paragraph (3) has been provided to the applicant in relation to any nurse who is supplied, or is intended to be supplied, by the nursing agency;

(c) the applicant will make the documents or information referred to in this sub-paragraph, available for inspection by the Regulation and Improvement Authority if that Authority so requires.