The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009

Amendments to the Children’s Homes (Wales) Regulations 2002

6.—(1) The Children’s Homes (Wales) Regulations 2002(1) are amended as follows.

(2) In regulation 6 (fitness of registered provider)—

(a) for paragraph (3) (c) substitute—

“(c) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 5 and 6 of Schedule 2.”;

(b) omit paragraph (4) .

(3) In regulation 8 (fitness of manager)—

(a) for paragraph (2) (c) substitute—

“(c) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2.”

(b) for paragraph (2E)(2) substitute—

“(2E) A person is not fit to manage a children’s home unless he or she is registered as a manager with the Care Council for Wales.” ;

(c) omit paragraph (3).

(4) In regulation 26 (fitness of workers)—

(a) for paragraph (2) (d) substitute—

“(d) subject to paragraph (2G), full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each matter specified in paragraphs 1 to 6 of Schedule 2”

(b) in paragraph (4) (b), for the words “unless paragraph (5) applies” substitute “unless paragraph (5) or (5A) applies.”;

(c) for paragraph (5) (b) substitute—

“(b) full and satisfactory information in relation to that person has been obtained in respect of the matters specified in paragraphs 1 and 2 of Schedule 2.” .

(5) In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a children’s home)—

(a) for paragraph 2 substitute—

“2.   Either—

(a) where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) in respect of which less than three years have elapsed since it was issued ; or

(b) in any other case, a standard criminal record certificate issued under section 113A of the Police Act 1997 in respect of which less than three years have elapsed since it was issued.” ;

(b) omit paragraphs 7 and 8.

(1)

S.I. 2002/327 (W.40). Relevant amending instruments are S.I. 2002/2622 (W.254), S.I. 2004/2414 (W.222) and S.I. 2007/311 (W.28).

(2)

Paragraph (2E) of regulation 8 was inserted by S.I. 2007/311 (W.28).