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The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004

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Regulation 2(5)

SCHEDULESUBSTITUTED SCHEDULE 2 TO THE CARE HOMES REGULATIONS 2001

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Regulations 7, 9 and 19

Schedule 2Information and documents in respect of persons carrying on, managing or working at a care home

1.  Proof of identity, including a recent photograph.

2.  Details of any criminal offences—

(a)of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974(1) and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975(2); or

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

3.  Two written references, including, where applicable, a reference relating to the person’s last period of employment, which involved work with children or vulnerable adults, of not less than three months duration.

4.  Where a person has previously worked in a position which involved contact with children or vulnerable adults, written verification of the reason why he ceased to work in that position unless it is not reasonably practicable to obtain such verification .

5.  Documentary evidence of any relevant qualifications and training.

6.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

7.  Either—

(a)where the certificate is required for a purpose relating to section 115(5)(ea) of the 1997 Act (registration under Part 2 of the Care Standards Act 2000)(3), or the position falls within section 115(3) or (4) of that Act(4), an enhanced criminal record certificate issued under section 115 of that Act; or

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

including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act(5).

8.  A statement by the person as to his mental and physical health.

9.  Details and evidence of registration with, or membership of, any professional body.

(2)

S.I. 1975/1023. Relevant amending instruments are S.I. 1986/1249, 1986/2268 and 2001/1192.

(3)

Section 115(5)(ea) was inserted by the Care Standards Act 2000, section 104.

(4)

A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.

(5)

Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c. 14), and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.

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