{
  "url": "https://openlegislation.uk/care-standards-act-2000-establishments-and-agencies-miscellaneous-amendments-regulations-2004/note",
  "json_url": "https://openlegislation.uk/care-standards-act-2000-establishments-and-agencies-miscellaneous-amendments-regulations-2004/note.json",
  "legislation": "uksi/2004/1770",
  "legislation_title": "The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/care-standards-act-2000-establishments-and-agencies-miscellaneous-amendments-regulations-2004",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThese Regulations, which apply to establishment and agencies in England only, amend certain Regulations made under the Care Standards Act 2000 in respect of care homes, domiciliary care agencies and nurses agencies.\nRegulation 2 of these Regulations amends the Care Homes Regulations 2001 so that workers employed in a care position prior to the coming into force of these Regulations will not be required to obtain a check against the Protection of Vulnerable Adults list (“the POVA list”), for as long as they remain in that care position, provided that a Criminal Records Bureau check (“a CRB check”) has been obtained in respect of them. In addition, provision is made to enable a care home provider to allow a person to start work in a care position, pending the receipt of a CRB check, provided that certain conditions are met. The conditions include a check against the POVA list (or, where appropriate, a check against the Protection of Children Act list (“the POCA list”) in respect of that person. Provision is also made to ensure that new care workers are provided with induction training, and supervised during such training. Other amendments are also made which include the substitution of a new Schedule 2 to the Regulations which sets out the information and documents needed in respect of care workers and those carrying on or managing a care home. There are also minor and consequential amendments.\nRegulation 3 of these Regulations amends the Domiciliary Care Agencies Regulations 2002 so that workers supplied by an agency to work in a care position prior to the coming into force of these Regulations will not be required to obtain a check against the POVA list for as long as they remain in that care position, provided that a CRB check has been obtained in respect of them. In addition, provision is made to enable an agency provider to supply a worker to a service user, pending the receipt of a CRB check, provided that certain conditions are met. The conditions include a check against the POVA list (or, where appropriate, a check against the POCA list) in respect of that worker. Provision is also made to ensure that new agency workers are provided with induction training, and supervised during such training. Minor and consequential amendments are also made.\nRegulation 4 of these Regulations amends the Nurses Agencies Regulations 2002 so that nurses supplied by an agency to work in a care position prior to the coming into force of these Regulations will not be required to obtain a check against the POVA list for as long as they remain in that care position, provided that a CRB check has been obtained in respect of them. In addition, provision is made to enable an agency provider to supply a nurse to a service user, pending the receipt of a CRB check, provided that certain conditions are met. The conditions include a check against the POVA list (or, where appropriate, a check against the POCA list) in respect of that nurse. Provision is also made to ensure that nurses new to the agency are provided with induction training.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The POVA list is maintained by the Secretary of State for Health pursuant to section 81 of the Care Standards Act 2000 (c. 14)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "The POCA list is maintained by the Secretary of State for Education and Skills pursuant to section 1 of the Protection of Children Act 1999 (c. 14)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/1770/note",
    "retrieved_at": "2026-10-29T05:22:55.265822+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}