The Establishments and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2008

Amendment of the Nursing Homes Regulations (Northern Ireland) 2005

2.—(1) The Nursing Homes Regulations (Northern Ireland) 2005(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 21 (fitness of workers)—

(a) for paragraph (1)(b), substitute—

“(b) subject to paragraphs (5) and (7), he has obtained in respect of that person the information and documents specified in paragraphs 1 to 7 of Schedule 2;”;

(b) in paragraph (2) for “Paragraph (1)” substitute “This paragraph”;

(c) in paragraph (3) for “Paragraph (1)” substitute “This paragraph”;

(d) in paragraph (4) , at the beginning, insert “Subject to paragraph (4A),”;

(e) after paragraph (4), insert—

“(4A) In the circumstances to which regulation 12(4)of the Nursing Agencies Regulations (Northern Ireland) 2005(2) applies, with the result that a criminal record certificate pursuant to section 113A of the Police Act 1997 (“a criminal record certificate”), or an enhanced criminal record certificate pursuant to section 113B of that Act (“an enhanced criminal record certificate”) is not yet available in respect of a person to whom paragraph (2) applies, the registered person may allow that person to start work at a nursing home in a position to which paragraph (3) applies pending receipt of, and satisfying himself with regard to, that outstanding information.”;

(f) in paragraph (5)(d), at the beginning, insert “subject to paragraphs (4A) and (7),”;

(g) after paragraph (6) add—

“(7) Where the conditions set out in paragraph (8) are satisfied, the registered person may permit a person (“the new worker”) to start work at a nursing home notwithstanding that paragraphs (1)(b) and (5)(d) have not been complied with in so far as they relate to paragraph 2 of Schedule 2.

(8) The conditions in respect of a new worker are—

(a) that either—

(i) a criminal record certificate has been applied for; or

(ii) an enhanced criminal record certificate has been applied for; and

(b) the registered person has obtained confirmation in writing that the new worker is not included in the list mentioned in Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(3).

(9) Where a registered person permits a new worker to start work pursuant to paragraph (7), the registered person shall—

(a) appoint a member of staff (“the appointed staff member”), who is appropriately qualified and experienced, to supervise the new worker pending receipt of, and satisfying himself with regard to, the outstanding information in relation to a criminal record certificate, or an enhanced criminal record certificate;

(b) ensure that the appointed staff member, or another appropriately qualified and experienced member of staff, is on duty at the same time as the new worker; and

(c) ensure that the new worker does not escort patients away from the nursing home unless accompanied by the appointed staff member, or another appropriately qualified and experienced member of staff.”.

(3) For paragraph 2 of Schedule 2, substitute—

“2.   Either—

(a) where a certificate is required for a purpose which is prescribed by regulations under section 113B of the Police Act 1997, an enhanced criminal record certificate issued under that section; or

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

and an application for either certificate shall be accompanied, where applicable, by an adults’ suitability statement under section 113D of that Act.”.

(1)

S.R. 2005 No. 160

(2)

S.R. 2005 No. 175

(3)

S.I. 2003 No. 417 (N.I. 4)