OpenLegislation

Regulation 2 InterpretationI1

Northern Ireland

(1)

In these Regulations –

  • “the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

  • “agency” means a nursing agency;

  • F1“bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;

  • F2“debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

  • “debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989, or Schedule 4ZB to the Insolvency Act 1986;

  • “general practitioner” means a medical practitioner who provides primary services;

  • “health care professional” means a member of a profession which is regulated by a body mentioned (at the time the agreement is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002f1;

  • “holistic care” means the care provided by a multi-professional team working together to meet physical, psychological, social, religious and cultural needs of patients;

  • “inspector” means a person authorised by the F3RQIA to enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency;

  • “local supervising authority” means a HSS Board in relation to which area the nursing agency operates;

  • “nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001f2 by virtue of qualifications in nursing or midwifery, as the case may be;

  • “organisation” means a body corporate or any unincorporated association other than a partnership;

  • “patient” means a person to whom nursing is provided by a nurse supplied by an agency;

  • “registered manager”, in relation to an agency, means a person who is registered under Part III of the Order as the manager of that agency;

  • “registered person”, in relation to an agency, means any person who is the registered provider or the registered manager of that agency;

  • “registered provider”, in relation to an agency, means a person who is registered under Part III of the Order as the person carrying on that agency;

  • “responsible individual” shall be construed in accordance with regulation 7;

  • “service user” means a person to whom an agency –

    1. (a)

      supplies a nurse who is employed by the agency; or

    2. (b)

      provides services for the purpose of supplying the service user with a nurse for employment by that service user;

  • “service user’s guide” means the written guide produced in accordance with regulation 5;

  • “social care worker” has the same meaning as in section 2(2) of the Health and Personal Social Services Act (Northern Ireland) 2001f3;

  • “statement of purpose” means the written statement compiled in accordance with regulation 4.

(2)

In these Regulations, references to the supply of a nurse mean –

(a)

the supply of a nurse who is employed for the purposes of an agency to act for and under the control of another person; and

(b)

the introduction of a nurse by an agency to a service user for employment by that service user.

(3)

In the definition of “service user” in paragraphs (1) and (2), the terms “employed” and “employment” include employment under a contract for services.

Annotations

Textual amendments

F1

Words in reg. 2(1) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 37(2)

F2

Words in reg. 2(1) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 44(2)

F3

Words in Regulation substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(b) (with Sch. para. 1(2))

Commencement

I1

Reg. 2 in operation at 1.4.2005, see reg. 1

Footnotes

f1

S.I. 2002 (c. 17)

f2

S.I. 2002/253

f3

2001 c. 3 (N.I.)