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

Amendment of the Nursing Agencies Regulations (Northern Ireland) 2005

4.—(1) The Nursing Agencies Regulations (Northern Ireland) 2005(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 12 (fitness of nurses supplied by an agency)—

(a) in paragraph (1), at the beginning insert “Subject to paragraph (4),”;

(b) after paragraph (3), add—

“(4) Where the conditions set out in paragraph (5) are satisfied, the registered person may supply a nurse to a service user notwithstanding that paragraph (1)(d) has not been complied with in so far as it relates to paragraph 13 of Schedule 3.

(5) The conditions in respect of the nurse are—

(a) that either—

(i) a criminal record certificate has been applied for, pursuant to section 113A of the Police Act 1997 (“a criminal record certificate”), or

(ii) an enhanced criminal record certificate has been applied for, pursuant section 113B of that Act (“an enhanced criminal record certificate”); and

(b) the registered person has obtained confirmation in writing that the nurse is not included in a list mentioned in Article 16 or 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(2).

(6) Where paragraph (4) applies, and where the agency is acting as an employment business, the registered person shall—

(a) pending receipt of the outstanding information in relation to a criminal record certificate, or an enhanced criminal record certificate, take steps, where appropriate, to inform the service user, or the service user’s representative, that a full criminal record certificate or a full enhanced criminal record certificate, as the case may be, has not yet been obtained in respect of the nurse;

(b) where appropriate inform the service user, or the service user’s representative, when the outstanding information has been obtained; and

(c) terminate the supply of the nurse to the service user where the registered person considers that the outstanding information, when obtained, is not satisfactory.”.

(3) In regulation 16 (provision of information to service users)—

(a) after paragraph (1) insert—

“(1A) Where an agency—

(a) is acting as an employment agency; and

(b) has supplied a nurse in the circumstances to which regulation 12(4) applies,

the registered person shall inform the service user, or the service user’s representative, that there is outstanding information in relation to either the criminal record certificate, or the enhanced criminal record certificate, and shall also inform the service user or the service user’s representative, when that information is obtained.”;

(b) for paragraph (2) substitute –

“(2) Where the service user is also the patient, the registered person shall ensure, where appropriate, that the information specified in paragraphs (1) and, where applicable (1A), is provided to the person acting on behalf of the patient.”

(4) 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 a children’s suitability statement under section 113C, or an adults’ suitability statement under section 113D of that Act.”.

(5) For paragraph 13 of Schedule 3 substitute—

“13.   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 a children’s suitability statement under section 113C, or an adults’ suitability statement under section 113D of that Act.”.

(1)

S.R. 2005 No. 175

(2)

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