Regulation 4 Amendment of the Nurses Agencies Regulations 2002
The Nurses Agencies Regulations 2002f1 are amended in accordance with the following provisions of this regulation.
In regulation 2(1) (interpretation), after the definition of “the Act” insert—
““the 1997 Act” means the Police Act 1997;”.
In regulation 12 (fitness of nurses supplied by an agency)—
in paragraph (1), at the beginning, insert “Subject to paragraphs (4), (6) and (7),”;
after paragraph (4), add—
“(5)This paragraph applies in respect of a nurse (“the existing worker”)—
(a)who immediately before 26th July 2004 is supplied by an agency to work in a care position; and
(b)in respect of whom there has been obtained a criminal record certificate pursuant to section 113 of the 1997 Act or an enhanced criminal record certificate pursuant to section 115 of that Act.
(6)Where paragraph (5) applies, paragraph (1)(d), in so far as it relates to the following provisions specified in paragraph 13 of Schedule 3, namely—
(i)section 113(3C)(a) and (b) of the 1997 Act; or
(ii)section 115(6B)(a) and (b) of that Act,
shall not apply in relation to the existing worker for as long as she remains in the care position mentioned in paragraph (5)(a) .
(7)Where the conditions set out in paragraph (8) are satisfied, the registered person may supply a nurse to a service user notwithstanding that paragraph (1)(d) has not been complied with in so far as it relates to paragraph 13 of Schedule 3.
(8)The conditions are—
(a)a criminal record certificate has been applied for in respect of the nurse pursuant to section 113 or, if applicable, section 115 of the 1997 Act; and
(b)full and satisfactory information in respect of the nurse has been obtained in relation to paragraph 13 of Schedule 3 in so far as it relates, where applicable, to sections 113(3A) or 115(6A) of the 1997 Act and sections 113(3C)(a) and (b) or 115(6B)(a) and (b) of that Act.
(9)Where paragraph (7) applies, and where the agency is acting as an employment business, the registered person shall—
(i)pending receipt of the outstanding information in relation to a criminal record certificate (“the outstanding information”), take steps, where appropriate, to inform the service user, or the service user’s representative, that a full criminal record certificate has not yet been obtained in respect of the nurse;
(ii)where appropriate, inform the service user, or the service user’s representative, when the outstanding information has been obtained; and
(iii)terminate the supply of the nurse to the service user where the registered person considers that the outstanding information, when obtained, is not satisfactory.”.
In regulation 14 (staffing), at the end, add—
“(6)Where the agency is acting as an employment business, the registered person shall ensure that a new nurse is provided with appropriately structured induction training.”.
In regulation 16 (provision of information to service users)—
after paragraph (1), insert—
“(1A)Where an agency—
(a)is acting as an employment agency; and
(b)has supplied a nurse in the circumstances to which regulation 12(7) applies,
the registered person shall inform the service user, or the service user’s representative, that there is outstanding information in relation to the criminal record certificate, and shall also inform the service user, or the service user’s representative, when that information is obtained.”; and
in paragraph (2), for the words “paragraph (1)” substitute “ paragraphs (1) and, where applicable, (1A)”.