Regulation 12 Fitness of nurses supplied by an agencyI1
Northern Ireland
F1... The registered person shall ensure that no nurse is supplied by the agency unless –
he is of integrity and good character;
he has the qualifications, knowledge, skills and competencies which are necessary for the work which he is to perform;
he is physically and mentally fit for that work; and
full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 3.
F2but this is subject to paragraphs (4) to (6).
The registered person shall ensure that the recruitment process for the supply of nurses is managed by a nurse, that selection of a nurse for supply is made by a nurse and that full and satisfactory information in respect of each of the matters listed in Schedule 2 is available in relation to the nurse carrying out the selection.
The registered person shall ensure that every nurse supplied by the agency acting as an employment business is instructed that when working for a service user he must at all times wear identification showing his name, signature, the name of the agency, contact number, a recent photograph and the expiry date of the card.
F3Where the conditions set out in paragraph (5) are satisfied, the agency may supply a nurse (“P”) to a service user even though the information and documents mentioned in paragraphs 2, 4 to 9 and 11 to 13 of Schedule 3 are not available.
The conditions are that the registered person must ensure—
whichever of the following certificates would be required to be obtained in respect of P under paragraph 13 of Schedule 3 in the absence of paragraph (4) has been applied for—
a criminal record certificate pursuant to section 113A of the Police Act 1997, or
an enhanced criminal record certificate pursuant to section 113B of that Act;
the information and documents mentioned in paragraphs 2, 4 to 9, 11 and 12 of Schedule 3 have been requested; and
confirmation has been obtained in writing from the Department of Justice that P is included in neither the adults’ barred list nor the children’s barred list maintained under Article 6(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
Where an agency supplies a nurse to a service user in the circumstances mentioned in paragraph (4), and the agency is acting as an employment business, the registered person must—
inform the service user, or the service user’s representative, of the information and documents mentioned in paragraphs 2, 4 to 9 and 11 to 13 of Schedule 3 that are not yet available; and
inform the service user, or the service user’s representative, when the information and document are available; and
terminate the supply of P to the service user where the registered person considers that the information or documents, when available, are not satisfactory.
Annotations
Textual amendments
- F1
Words in reg. 12(1) revoked (6.4.2009) by The Establishments and Agencies (Fitness of Workers) (Amendment No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/145), regs. 1, 2, Sch.
- F2
Words in reg. 12(1) inserted (2.4.2020) by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 4(2)(a)
- F3
Reg. 12(4)-(6) (previously omitted by virtue of S.R 2009/145, Sch.) inserted (2.4.2020) by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 4(2)(b)
Commencement
- I1
Reg. 12 in operation at 1.4.2005, see reg. 1