The Day Care Setting Regulations (Northern Ireland) 2007

Fitness of workers N.I.

21.—(1) The registered person shall not employ a person to work in the day care setting unless—

(a) the person is fit to work in the day care setting;

[F1 (b) subject to paragraph (3), he has obtained in respect of that person the information and documents specified in Schedule 2;]

(c) he is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person.

[F2 but this is subject to paragraphs (5) to (8).]

(2) The registered person shall not allow a person who is employed by a person (“the employer”) other than the registered person to work in a position where he may have regular contact with service users in the day care setting, unless—

(a) he is fit to work in the day care setting;

(b) the employer has obtained in respect of that person the information and documents specified in Schedule 2; and has confirmed in writing to the registered person that he has done so; and

(c) the employer is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person, and has confirmed in writing to the registered person that he is so satisfied;

[F3 but this is subject to paragraphs (5) to (8).]

(3) For the purposes of paragraphs (1) and (2), a person is not fit to work at a day care setting unless—

(a) he is of integrity and good character;

(b) he has qualifications or training suitable to the work that he is to perform, and the skills and experience necessary for such work;

(c) he is physically and mentally fit for the purposes of the work he is to perform in the day care setting;

(d) F4 [F5 ...] full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2;

[F6 (e) subject to sub-paragraphs (f) and (g), he is registered in the relevant part of the register;

(f) sub-paragraph (e) does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered; and

(g) sub-paragraph (e) does not apply to persons allowed to work as volunteers.]

(4) The registered person shall ensure that all health care professionals working in the day care setting are covered by appropriate professional indemnity.

[F7 (5) Where the conditions set out in paragraph (6) are satisfied and the registered person complies with the requirement set out in paragraph (7), the registered person may—

(a) employ a person (“P”) to work in a day care setting, or

(b) allow a person (“P”), who is employed by a person, referred to in paragraph (2) as the employer, to work in a position where P may have regular contact with service users in the day-care setting,

even though the information and documents mentioned in paragraphs 2 to 7 of Schedule 2 other than details of registration with an appropriate professional regulatory body are not available and have not been obtained.

(6) The conditions are that the registered person, in a case to which paragraph (5)(a) applies, or the employer, in a case to which paragraph (5)(b) applies—

(a) has applied for whichever of the following certificates would be required to be obtained in respect of P under paragraph 2 of Schedule 2 in the absence of paragraph (5)—

(i) a criminal record certificate pursuant to section 113A of the Police Act 1997, or

(ii) an enhanced criminal record certificate pursuant to section 113B of that Act;

(b) has requested the information and documents mentioned in paragraphs 3 to 7 of Schedule 2; and

(c) where the work P is to perform is regulated activity relating to vulnerable adults, has obtained confirmation in writing from the Department of Justice that P is not included in the adults’ barred list maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

(7) The requirements are that the registered person must—

(a) ensure that, so far as is reasonably practicable, an appropriately qualified and experienced member of staff supervises P when P is on duty until the information and documents mentioned in paragraphs 2 to 7 of Schedule 2 have been obtained; and

(b) ensure that P does not escort service users away from the day care setting unless accompanied by the supervisory staff member of another appropriately qualified and experienced member of staff.

(8) In paragraph (6) the reference to regulated activity relating to vulnerable adults has the same meaning as in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]

Textual Amendments

F1 Reg. 21(1)(b) substituted (6.4.2009) by The Establishments and Agencies (Fitness of Workers) (Amendment No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/145), reg. 6

F2 Words in reg. 21(1) inserted (2.4.2020) by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 6(2)

F3 Words in reg. 21(2) inserted (2.4.2020) by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 6(3)

F4 Words in reg. 21(3)(d) omitted (6.4.2009) by virtue of The Establishments and Agencies (Fitness of Workers) (Amendment No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/145), Sch.

F5 Words in Reg. 21(3)(d) inserted (13.8.2008) by The Establishments and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2008 (S.R. 2008/346), reg. 6(2)(b)

F6 Reg. 21(3)(e)-(g) added (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 11(2)

F7 Reg. 21(5)-(7) re-inserted (2.4.2020) and Reg. 21 (8) inserted by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 6(4)

Commencement Information

I1 Reg. 21 in operation at 30.4.2007, see reg. 1