Nurses Agencies Regulations 2002

Interpretation

2.—(1) In these Regulations—

“the Act” means the Care Standards Act 2000;

“agency” means a nurses agency;

“nurse” means a registered nurse, registered midwife or registered health visitor(1);

“NHS trust” has the same meaning as in the National Health Service and Community Care Act 1990(2);

“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 II of the Act 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 II of the Act 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;

“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.

(1)

See the Interpretation Act 1978 (c. 30), Schedule 1. A definition of “registered” in relation to nurses, midwives and health visitors was inserted by the Nurses, Midwives and Health Visitors Act 1979 (c. 36), section 23(4) and Schedule 7, paragraph 30, as substituted by article 54(3) of, and Schedule 5, paragraph 7 to, the Nursing and Midwifery Order 2001 (S.I. 2002/253) on a date to be appointed.

(2)

1990 c. 19. See section 5 of that Act as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and sections 13(1) and 14 of the Health Act 1999 (c. 8).