2.—(1) The Care Homes (Wales) Regulations 2002(1) are amended in accordance with the following provisions of this regulation.
(2) In regulation 7 (fitness of registered provider)—
(a)after paragraph (3)(c)(ii) the following paragraph is inserted—
“(iii)and further, where paragraph (4) applies, in a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999(2) and regulations made under section 218 of the Education Reform Act 1988(3).”;
(b)for paragraph (4) substitute—
“This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.”.
(3) In regulation 9 (fitness of registered manager)—
(a)after paragraph (2)(c)(ii) insert a new paragraph (iii) as follows—
“(iii)and further, where paragraph (3) applies, in a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999 and regulations made under section 218 of the Education Reform Act 1988.”;
(b) for paragraph (3) substitute—
“ This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.”.
(4) In regulation 19 (fitness of workers)—
(a)in paragraph (1) at the beginning insert “Subject to paragraphs (5) and (5A),”
(b)for paragraph 3 substitute—
“This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued”.
(c)in sub-paragraph (a) of paragraph (4) for “children’s home” substitute “care home”;
(d)in sub-paragraph (b) of paragraph 4 after “(5)” insert “or (5A)”
(e)in paragraph (5), for “paragraph” where it first appears substitute “paragraphs (1) and”
(f)after paragraph (5) insert a new paragraph (5A) as follows—
“(5A) Alternatively to paragraph (5), where the following conditions apply, the registered person may permit a person to start work at a care home notwithstanding paragraphs (1) and (4)(b)—
(a)paragraph (3) of this regulation applies;
(b)full and satisfactory information in relation to that person has been obtained in respect of the matters set out in paragraphs 1, 4 and 6 of Schedule 2;
(c)the person has provided—
(i)two written references, including a reference from the last employer, if any, and
(ii)a written declaration of the details of any criminal offences of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 or in respect of which the person has been cautioned and which, at the time the caution was given, the person admitted;
(d)in the reasonable view of the registered person the interests of the service will not be met unless the person can be appointed; and
(e)pending receipt of and being satisfied with regard to the certificate referred to in paragraph (3), the registered person ensures that the person is appropriately supervised while carrying out his or her duties.”
(5) In Schedule 2 (information and documents to be available in respect of persons carrying on, managing or working at care homes)—
(a)in the concluding words of paragraph 2 for “where applicable” there is substituted “to the extent permitted under the Police Act 1997”;
(b)for paragraph 7 substitute—
“7. A police check being a report produced by or on behalf of a chief officer of police or other member of a police force within the meaning of the Police Act 1996(4) which records, as at the time the report is produced, all criminal offences
(a)for which the person had been convicted including convictions which are spent within the meaning of the Rehabilitation of Offenders Act 1974(5) and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(6); or
(b)in respect of which the person had been cautioned and which, at the time the caution was given, the person admitted.”
S.I. 1975/1023. At the coming into force of these regulations the following instruments have made relevant amendments to the Order: S.I. 1986/1249; 1986/2286 and S.I. 2001/1192.