Regulation 19 Fitness of workers
The registered person shall not employ a person to work at the care home unless—
the person is fit to work at the care home;
subject to paragraph (6), he has obtained in respect of that person the information and documents specified in—
paragraphs 1 to 6 of Schedule 2;
except when paragraph (7) applies, paragraph 7 of that Schedule;
where paragraph (7) applies, paragraph 8 of that Schedule; and
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.
This paragraph applies to a person who is employed by a person (“the employer”) other than the registered person.
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.
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—
the person is fit to work at the care home;
the employer has obtained in respect of that person the information and documents specified in—
paragraphs 1 to 6 of Schedule 2;
except where paragraph (7) applies, paragraph 7 of that Schedule;
where paragraph (7) applies, paragraph 8 of that Schedule,
and has confirmed in writing to the registered person that he has done so; and
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.
For the purposes of paragraphs (1) and (4), a person is not fit to work at a care home unless—
he is of integrity and good character;
he has qualifications suitable to the work that he is to perform, and the skills and experience necessary for such work;
he is physically and mentally fit for the purposes of the work which he is to perform at the care home; and
full and satisfactory information is available in relation to him in respect of the following matters—
each of the matters specified in paragraphs 1 to 6 of Schedule 2;
except where paragraph (7) applies, each of the matters specified in paragraph 7 of that Schedule;
where paragraph (7) applies, each of the matters specified in paragraph 8 of that Schedule.
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.
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.