Version Superseded: 12/10/2009
Point in time view as at 01/10/2006. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Care Homes (Wales) Regulations 2002, Section 19.
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19.—(1) [F1Subject to paragraphs (5) and (5A),] the registered person shall not—
(a)employ under a contract of employment a person to work at the care home unless that person is fit to do so;
(b)allow a volunteer to work at the care home unless that person is fit to do so;
(c)allow any other person to work at the care home in a position in which he or she may in the course of his or her duties have regular contact with service users or with any other person of a description falling within section 3(2) of the Act(1) at the care home unless that person is fit to do so.
(2) For the purposes of paragraph (1), a person is not fit to work at a care home unless—
(a)he or she is of suitable integrity and good character to work at the care home;
(b)he or she has the qualifications, skills, competence and experience necessary for the work he or she is to perform;
(c)he or she is physically and mentally fit for the purposes of the work he or she is to perform;
(d)full and satisfactory information or documentation is available in relation to him or her in respect of the following matters—
(i)except where paragraph (3) applies, the matters specified in paragraphs 1 to 6 of Schedule 2;
(ii)where paragraph (3) applies, the matters specified in paragraphs 1 and 3 to 7 of that Schedule.
[F2(3) 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) The registered person shall ensure that—
(a)any offer of employment to, or other arrangement about working at the [F3care home] made with or in respect of, a person falling within paragraph (1) is subject to paragraph (2)(d) being complied with in relation to that person; and
(b)unless paragraph (5) [F4or (5A)] applies, no such person starts work at a care home until such time as paragraph (2)(d) has been complied with in relation to that person.
(5) Where the following conditions apply, the registered person may permit a person to start work at a care home notwithstanding [F5paragraphs (1) and] (4)(b)—
(a)the registered person has taken all reasonable steps to obtain full information or documentation in respect of each of the matters listed in Schedule 2 in respect of the person, but the enquiries in relation to any of the matters listed in paragraphs 3 to 6 of Schedule 2 are incomplete;
(b)full and satisfactory information or documentation in relation to that person has been obtained in respect of—
(i)the matter specified in paragraph 1 of Schedule 2;
(ii)except where paragraph (3) applies, the matter specified in paragraph 2 of that Schedule;
(iii)where paragraph (3) applies, the matter specified in paragraph 7 of that Schedule;
(c)in the reasonable opinion of the registered person the circumstances are exceptional; and
(d)pending receipt of, and satisfying himself or herself with regard to, any outstanding information or documentation, the registered person ensures that the person is appropriately supervised while carrying out his or her duties.
[F6(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.]
(6) Paragraph (2)(d), in so far as it relates to paragraph 2 of Schedule 2, shall not apply until [F731st October 2004] in respect of a person who immediately before 1st April 2002 is the subject of an arrangement under which they are to work at the care home.
(7) The registered person shall ensure that any person working at the care home who does not fall within paragraph (1) is appropriately supervised at all times.
Textual Amendments
F1Words in reg. 19(1) inserted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 2(4)(a)
F2Reg. 19(3) substituted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 2(4)(b)
F3Words in reg. 19(4)(a) substituted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 2(4)(c)
F4Words in reg. 19(4)(b) inserted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 2(4)(d)
F5Words in reg. 19(5) substituted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 2(4)(e)
F6Reg. 19(5A) inserted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 2(4)(f)
F7Words in reg. 19(6) substituted (31.3.2003) by The Care Homes (Amendment) (Wales) Regulations 2003 (S.I. 2003/947), regs. 1(1), 2
Commencement Information
Section 3(2) of the Act refers to persons who are or have been ill; who have or have had a mental disorder; who are disabled or infirm; and who are or have been dependent on alcohol or drugs.
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