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The Registration of Social Care and Independent Health Care (Wales) Regulations 2002

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PART II—APPLICATIONS FOR REGISTRATION UNDER PART II OF THE CARE STANDARDS ACT 2000

Application of regulations 4 to 15

3.  Regulations 4 to 15 apply in relation to Part II of the Act.

Information and documents to be provided by an applicant

4.—(1) An application for registration shall—

(a)be in writing on a form approved by the National Assembly;

(b)be sent or delivered to the appropriate office of the National Assembly;

(c)be accompanied by a recent photograph of the responsible person, of whom the photograph shall be a true likeness;

(d)give the information that the applicant is required to provide in accordance with paragraphs (2) to (4).

(2) A person who is seeking to be registered as a person who carries on an establishment shall provide to the National Assembly—

(a)full information in respect of the matters listed in Parts I and II of Schedule 1;

(b)the documents listed in paragraphs 1 to 3 and 5 to 9 of Schedule 2;

(c)the documents listed in paragraphs 4 and 10 of Schedule 2, except where any certificate or information on any matters referred to in those paragraphs is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(3) A person who is seeking to be registered as a manager in respect of an establishment shall provide to the National Assembly—

(a)full information in respect of each of the matters listed in Part I of Schedule 3;

(b)the documents listed in paragraphs 9 to 11 of that Schedule;

(c)the documents listed in paragraphs 12 and 13 of that Schedule, except where any certificate or information on any matters referred to in those paragraphs is not available to the person because any provision of the Police Act 1997 has not been brought into force.

(4) A person who is seeking to be registered in respect of an establishment of a description specified in column (1) below shall additionally provide to the National Assembly full information in respect of each of the matters listed in the Schedule specified in the corresponding entry in column (2) below.

(1) Establishment(2) Schedule
Care homeSchedule 4
Children’s homeSchedule 5
Independent hospital or independent clinicSchedule 6

(5) If the National Assembly so requests, the applicant shall provide full information to the National Assembly in respect of the matters listed in Part III of Schedule 1 in relation to any person specified for this purpose by the National Assembly who works, or is intended to work, at the establishment.

(6) The applicant shall provide to the National Assembly any other documents that it may reasonably require in relation to his or her application for registration.

Convictions

5.  Where the National Assembly asks the responsible person for details of any criminal convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974(2) and informs him or her at the time the question is asked that by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(3) spent convictions are to be disclosed, the responsible person shall supply in writing to the National Assembly details of any spent convictions that he or she has.

Interview

6.  The responsible person shall attend an interview for the purpose of enabling the National Assembly to determine whether the applicant is fit to carry on or manage the establishment in respect of which the applicant seeks to be registered.

Notice of changes

7.  The applicant shall give notice in writing to the National Assembly of any change specified below which occurs after the application for registration is made and before it is determined—

(a)any change of the name or address of the applicant or any responsible person;

(b)where the applicant is an organisation, any change of director, manager, secretary or other person responsible for supervising the management of the organisation.

Information as to staff engaged after application made

8.—(1) Where an applicant applies for registration as a person who carries on an establishment, and before the application is determined, engages a person to work at the establishment, the applicant shall, in respect of each person so engaged—

(a)obtain the information specified in paragraphs 15 and 16 of Schedule 1 and, except where paragraph (2) applies, the documents specified in paragraph 10 of Schedule 2, in relation to the position in which the person is to work;

(b)provide to the National Assembly, if it so requests, any of the information or documents which the applicant is required to obtain under paragraph (a).

(2) This paragraph applies where any certificate or information on any matters referred to in paragraph 10 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.

(3)

S.I.1975/1023. Relevant amendments have been made by S.I. 1986/1249, 1986/2268 and 2001/1192.

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