OpenLegislation

Regulation 21 Fitness of workersI1

Northern Ireland

(1)

The registered person shall not employ a person to work at the nursing home unless –

(a)

the person is fit to work at the nursing home;

F1(b)

subject to paragraph (5), he has obtained in respect of that person the information and documents specified in paragraphs 1 to 7 of Schedule 2;

(c)

he is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person.

F2but this is subject to paragraphs (7) to (10).

(2)

F3This paragraph applies to a person who is employed by a person (“the employer”) other than the registered person.

(3)

F4This paragraph applies to a position in which a person may in the course of his duties have regular contact with patients at the nursing home.

(4)

F5... The registered person shall not allow a person to whom paragraph (2) applies to work at the nursing home in a position to which paragraph (3) applies, unless –

(a)

the person is fit to work at the nursing home;

(b)

the employer has obtained in respect of that person the information and documents specified in –

(i)

paragraphs 1 to 7 of Schedule 2; and has confirmed in writing to the registered person that he has done so; and

(c)

the employer is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 3 of Schedule 2 in respect of that person, and has confirmed in writing to the registered person that he is so satisfied.

F6but this is subject to paragraphs (7) to (10).

F7(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

For the purposes of paragraphs (1) and (4), a person is not fit to work at a nursing home unless –

(a)

he is of integrity and good character;

(b)

he has qualifications or training suitable to the work that he is to perform, and the skills and experience necessary for such work;

(c)

he is physically and mentally fit for the purposes of the work he is to perform at the nursing home;

(d)

F8...full and satisfactory information is available in relation to him in respect of the following matters –

(i)

each of the matters specified in paragraphs 1 to 7 of Schedule 2;

F9(e)

subject to F10sub-paragraphs (f) and (g) he is registered in the relevant part of the register;

(f)

sub-paragraph (e) does not apply to a person who, in order to perform the duties for which the person is so employed is required by any statutory provision, other than this statutory provision to be registered with any person or body other than the Northern Ireland Social Care Council and is so registeredF11;

F12(g)

sub-paragraph (e) does not apply to persons allowed to work as volunteers.

(6)

The registered person shall ensure that all health care professionals are covered by appropriate professional indemnity.

F13(7)

Where the conditions set out in paragraph (8) are satisfied and the registered person complies with the requirements set out in paragraph (9), the registered person may—

(a)

employ a person (“P”) to work at a nursing home, or

(b)

allow a person to whom paragraph (2) applies (“P”) to work at a nursing home in a positon to which paragraph (3) applies,

even though the information and documents mentioned in paragraphs 2 to 7 of Schedule 2 other than details of registration with an appropriate professional regulatory body are not available and have not been obtained.

(8)

The conditions are that the registered person, in a case to which paragraph (7)(a) applies, or the employer, in a case to which paragraph (7)(b) applies—

(a)

has applied for whichever of the following certificates would be required to be obtained in respect of P under paragraph 2 of Schedule 2 in the absence of paragraph (7)—

(i)

a criminal record certificate pursuant to section 113A of the Police Act 1997, or

(ii)

an enhanced criminal record certificate pursuant to section 113B of that Act;

(b)

has requested the information and documents mentioned in paragraphs 3 to 7 of Schedule 2; and

(c)

where the work P is to perform is regulated activity relating to vulnerable adults, has obtained confirmation in writing from the Department of Justice that P is not included in the adults’ barred list maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

(9)

The requirements are that the registered person must—

(a)

ensure that, so far as is reasonably practicable, an appropriately qualified and experienced member of staff supervises P when P is on duty until the information and documents mentioned in paragraphs 2 to 7 of Schedule 2 have been obtained; and

(b)

ensure that P does not escort patients away from the nursing home unless accompanied by an appropriately qualified and experienced member of staff.

(10)

In paragraph (8) the reference to regulated activity relating to vulnerable adults has the same meaning as in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Annotations

Textual amendments

F1

Reg. 21(1)(b) substituted (6.4.2009) by The Establishments and Agencies (Fitness of Workers) (Amendment No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/145), regs. 1, 3

F2

Words in reg. 21(1) inserted (2.4.2020) by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 2(2)

F3

Words in reg. 21(2) substituted (13.8.2008) by The Establishments and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2008 (S.R. 2008/346), regs. 1, 2(2)(b)

F4

Words in reg. 21(3) substituted (13.8.2008) by The Establishments and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2008 (S.R. 2008/346), regs. 1, 2(2)(c)

F5

Words in reg. 21(4) 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.

F6

Words in reg. 21(4) inserted (2.4.2020) by The Establishment and Agencies (Fitness of Workers) Regulations (Northern Ireland) 2020 (S.R. 2020/60), regs. 1, 2(3)

F7

Reg. 21(4A) 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.

F8

Words in reg. 21(5)(d) 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.

F9

Reg. 21(5)(e)(f) inserted (21.10.2013) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013 (S.R. 2013/225), regs. 1, 10(3)

F10

Words in reg. 21(5)(e) substituted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 9(2)(a)

F11

Reg. 21(5)(f) substituted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 9(2)(b)(i)

F12

Reg. 21(5)(g) added (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 9(2)(c)

F13

Reg. 21(7)-(10) (reg. 21(7)-(9) 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, 2(4)

Commencement

I1

Reg. 21 in operation at 1.4.2005, see reg. 1