6.—(1) Regulation 21 (Fitness of workers) of the Day-Care Setting Regulations (Northern Ireland) 2007(1) is amended as follows.
(2) In paragraph (1), after sub-paragraph (c) insert—
“but this is subject to paragraphs (5) to (8).”.
(3) In paragraph (2), after sub-paragraph (c) insert—
“but this is subject to paragraphs (5) to (8).”.
(4) After paragraph (4) insert—
“(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.”.
S.R. 2007 No. 234; Regulation 21 has been amended by S.R. 2009 No. 145 and S.R. 2017 No. 207.