OpenLegislation

Regulation 19 Fitness of workers

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The registered person shall not employ a person to work at the care home unless—

(a)

the person is fit to work at the care home;

(b)

subject to paragraph (6), he has obtained in respect of that person the information and documents specified in—

(i)

paragraphs 1 to 6 of Schedule 2;

(ii)

except when paragraph (7) applies, paragraph 7 of that Schedule;

(iii)

where paragraph (7) applies, paragraph 8 of that Schedule; and

(c)

he is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 5 of Schedule 2 in respect of that person.

(2)

This paragraph applies to a person who is employed by a person (“the employer”) other than the registered person.

(3)

This paragraph applies to a position in which a person may in the course of his duties have regular contact with service users at the care home or with any other person of a description specified in section 3(2) of the Act.

(4)

The registered person shall not allow a person to whom paragraph (2) applies to work at the care home in a position to which paragraph (3) applies, unless—

(a)

the person is fit to work at the care home;

(b)

the employer has obtained in respect of that person the information and documents specified in—

(i)

paragraphs 1 to 6 of Schedule 2;

(ii)

except where paragraph (7) applies, paragraph 7 of that Schedule;

(iii)

where paragraph (7) applies, paragraph 8 of that Schedule,

and has confirmed in writing to the registered person that he has done so; and

(c)

the employer is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 5 of Schedule 2 in respect of that person, and has confirmed in writing to the registered person that he is so satisfied.

(5)

For the purposes of paragraphs (1) and (4), a person is not fit to work at a care home unless—

(a)

he is of integrity and good character;

(b)

he has qualifications suitable to the work that he is to perform, and the skills and experience necessary for such work;

(c)

he is physically and mentally fit for the purposes of the work which he is to perform at the care home; and

(d)

full and satisfactory information is available in relation to him in respect of the following matters—

(i)

each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii)

except where paragraph (7) applies, each of the matters specified in paragraph 7 of that Schedule;

(iii)

where paragraph (7) applies, each of the matters specified in paragraph 8 of that Schedule.

(6)

Paragraphs (1)(b) and (5)(d), in so far as they relate to paragraph 7 of Schedule 2, shall not apply until 1st April 2003 in respect of a person who immediately before 1st April 2002 is employed to work at the care home.

(7)

This paragraph applies where any certificate or information on any matters referred to in paragraph 7 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.