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

Amendments to the Care Homes (Wales) Regulations 2002

11.—(1) The Care Homes (Wales) Regulations 2002(1) are amended as follows.

(2) In regulation 7 (fitness of registered provider)—

(a) for paragraph (3) (c) (ii) substitute—

“(ii) where paragraph (4) applies, in respect of each matter specified in paragraph 1 and 3 to 6 of Schedule 2;” ;

(b) for paragraph (3) (c) (iii) substitute—

“(iii) and further, where paragraph (4) applies, notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).” ;

(c) for paragraph (4) substitute—

“(4) This paragraph applies—

(a) where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and

(b) the individual will not be engaged in regulated activity relating to children.”.

(3) In regulation 9 (fitness of registered manager)—

(a) for paragraph (2) (c) (ii) substitute—

“(ii) where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 6 of Schedule 2;”;

(b) for paragraph (2) (c) (iii) substitute—

“(iii) and further, where paragraph (3) applies, notification has been received under section 113E(4)(a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).”;

(c) for paragraph (3) substitute—

“(3) This paragraph applies—

(a) where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and

(b) the individual will not be engaged in regulated activity relating to children.”.

(4) In regulation 19 (fitness of workers)—

(a) for paragraph (2) (d) (ii) substitute—

“(ii) where paragraph (3) applies, the matters specified in paragraphs 1 and 3 to 6 of that Schedule;”;

(b) after paragraph (2) (d) (ii) insert—

“(iii) and further, where paragraph (3) applies, notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).”;

(c) for paragraph (3) substitute—

“(3) This paragraph applies—

(i) where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and

(ii) the individual will not be engaging in regulated activity relating to children.”;

(d) for paragraph (5) (b)(iii) substitute—

“(iii) where paragraph (3) applies, notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).”;

(e) after paragraph (5A) (b) insert—

“(ba) notification has been received under section 113E (4) (a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act);”;

(f) omit sub paragraph (6) .

(5) For paragraph (5) of Regulation 43 (death of registered person) substitute—

“(5) The personal representatives shall appoint a person to manage the care home during any period in which, in accordance with paragraph (3), they carry on the care home without being registered in respect of it.”.

(6) In Schedule 2 (information and documents to be available in respect of persons carrying on, managing or working at care homes)—

(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 vulnerable adults (within the meaning of section 113BB (2) of that Act) and, where applicable, suitability information relating to children (within the meaning of section 113BA (2) of that Act); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.”;

(b) omit paragraphs 7 and 8 .

(1)

S.I. 2002/324 (W.37). Relevant amending instruments are S.I. 2002/2622 (W.254) and 2004/2414 (W.222).