2013 No. 225
The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013
Made
Coming into operation
The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by section 8(3) and 57(3) of the Health and Personal Social Services Act (Northern Ireland) 2001 M1 and Articles 23(1), (2)(a) and (b), (3) and (4), 25(1) and 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 M2.
In accordance with Article 23(8) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 the Department has consulted with such persons as it considers appropriate.
PART 1General
Citation and commencement1
These Regulations may be cited as the Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013 and shall come into operation on 21st October 2013.
Interpretation2
In these Regulations references to employing a person include employing a person for payment, whether under a contract of service, a contract for services or otherwise than under a contract but do not include allowing a person to act as a volunteer; and references to a person being employed shall be construed accordingly.
3
In these Regulations—
“the Act” means the Health and Personal Social Services Act (Northern Ireland) 2001;
“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
“provider” means the person who for the time being is registered under Part III of the Order as a person who carries on a children's home, a residential care home, a nursing home, a day care setting F1a domiciliary care agency or a residential family centre ;
“the register” means the register F2... maintained by the Northern Ireland Social Care Council under section 3(1) of the Act;
“relevant part” means that part of the register referred to in section 3(2) of the Act which is most relevant to that person, taking into account their current employment;
F3...
“the 2006 Regulations” means the Northern Ireland Social Care Council (Social Care Workers) Regulations (Northern Ireland) 2006 M3.
PART 2Social care workers
RegistrationF104
1
For the purposes of section 8(3) of the Act, a person, other than—
a
a social worker who is registered in a relevant part of the register; or
b
a person who is excepted by regulation 2 of the 2006 Regulations,
is prohibited from working in any of the positions mentioned in paragraph (2) unless they are registered in a relevant part of the register.
2
The positions are—
a
a member of care staff at a children’s home;
b
a member of care staff at a residential care home;
c
a member of care staff at a nursing home;
d
a member of care staff in a day care setting;
e
a member of care staff at a residential family centre;
f
a person who is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;
g
a manager of a residential care home;
h
a manager of a day care setting;
i
a manager of a residential family care centre; or
j
a manager of a domiciliary care agency.
PART 3Fitness of workers
Duty on providers5
1
For the purposes of article 23 of the F4... Order, a provider shall not employ a person in any of the positions specified in Regulation 4(2) unless that person is fit to be employed.
2
Subject to F5paragraph (3) and Regulations 6 and 7, a person is unfit to be so employed unless registered in the relevant part of the register.
3
F6Paragraph (2) 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, other than this statutory provision to be registered with any person or body other than the Northern Ireland Health and Social Care Council and is so registered.
Registration of the existing work forceF76
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9Registration of persons in employment in positions prescribed at regulation 4(2)(d), (e), (f) and (i)6A
1
Subject to paragraph (2), where a person is employed in one of the positions mentioned in regulation 4(2)(d), (e), (f) and (i), regulation 5(2) shall not apply to a person required to register in a relevant part of the register until 3 months from the date this paragraph comes into operation.
2
Paragraph (1) shall not apply to a person who has been removed from the register under rules made pursuant to section 6 of the Act.
New employment7
1
Subject to paragraph (4), where a person commences employment for the first time in one of the positions specified in Regulation 4(2), Regulation 5 shall apply in accordance with this Regulation.
2
The person required to register in a relevant part of the register shall apply for registration as soon as reasonably practicable after commencing that new employment.
3
Notwithstanding the generality of paragraph (2), the person must achieve such registration within 6 months of the commencement date of that new employment.
4
Paragraphs (2) and (3) shall not apply to a person who has been removed from the register under rules made pursuant to section 6 of the Act.
OffencesF88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Consequential amendments
Amendments to the Children's Homes Regulations (Northern Ireland) 20059
1
The Children's Homes Regulations (Northern Ireland) 2005 M4 shall be amended in accordance with the following paragraphs.
2
In Regulation 2(1) for the definition of “relevant register” substitute the following definitions—
“the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;
“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;
3
In Regulation 8—
a
for paragraph (2)(b)(ii) substitute–
ii
subject to paragraph (3), he is registered as a social worker in the relevant part of the register; and
b
after paragraph (2) insert–
3
Paragraph (2)(b)(ii) does not apply to a person whose employment as a manager of a children's home commenced prior to 21st October 2013.
4
In Regulation 25(3)(c) and (e) and paragraph 7 of Schedule 2 after “relevant” insert “
part of the
”
.
Amendments to the Residential Care Homes Regulations (Northern Ireland) 2005 and the Nursing Homes Regulations (Northern Ireland) 200510
1
2
In Regulation 2(1) in the appropriate place insert the following definitions—
“the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;
“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;
3
In Regulation 21(5) after sub-paragraph (d) insert—
e
subject to sub-paragraph (f) 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, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered.
11
In Regulation 9(2)(b) of the Residential Care Homes Regulations (Northern Ireland) 2005 after head (ii) insert—
iii
subject to head (iv) he is registered in the relevant part of the register;
iv
head (iii) 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, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered;
Amendments to the Day Care Setting Regulations (Northern Ireland) 2007 and the Domiciliary Care Agencies Regulations (Northern Ireland) 200712
1
2
In Regulation 2(1) in the appropriate place insert the following definitions—
“the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;
“the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;
3
In Regulation 10(2)(b) after head (ii) insert—
iii
subject to head (iv), he is registered in the relevant part of the register;
iv
head (iii) 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, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registered; and
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th September 2013
2001 c.3 (N.I.)