The Regulation and Quality Improvement Authority (Registration) (Amendment) Regulations (Northern Ireland) 2010
S.R. 2010/290 · Made 3 September 2010 · Extends to Northern Ireland
Health And Personal Social Services
Made 3rd September 2010
Coming into operation 29th October 2010
The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred on it by Articles 17 (1) (a) and (b) and 48 (2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f1.
Annotations to the whole text
Footnotes
Contents
- 1Citation and commencement
- 2Amendment of the Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Regulation and Quality Improvement Authority (Registration) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 29th October 2010.
2Amendment of the Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005I1
The Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005 f1 shall be amended in accordance with the following paragraphs.
In Regulation 2 (1) (Interpretation):
in the definition of “Statement of Purpose” for sub-paragraph (j) f2substitute the following paragraphs —
“(j)In relation to a voluntary adoption agency the written statement required to be compiled in accordance with regulation 4 of the Voluntary Adoption Agencies Regulations (Northern Ireland) 2010 f3;
(k)In relation to an establishment or agency of any other description, a written statement of the aims and objectives of the establishment or agency.”
for the definition “the Regulation and Improvement Authority” substitute the following definition —
““RQIA” means the Health and Social Care Regulation and Quality Improvement Authority”
In Schedule 2:
For paragraph 4 substitute —
“4.In relation to the responsible person—
(a)an enhanced criminal record certificate issued under section 113B of the Police Act 1997 f4 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act f5) or both; and
(b)the application for that certificate which was signed by the RQIA f6”
For paragraph 10 substitute —
“10(1)A statement confirming that —
(a)the documents specified in sub-paragraph (2) have been issued —
(i)in the case of any applicant, to every person, other than the applicant, who works, or is intended to work, for the purposes of the establishment or agency; and
(ii)where the applicant is an organisation, to the responsible individual; and
(b)the applicant will make the documents so issued available for inspection by the RQIA if it so requires.
(2)The following documents are specified —
(a)where the position falls within regulation 9 of the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 f7, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA (2) of that Act) or both; or
(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997f8.”
In Schedule 3:
Omit Paragraph 11.
For paragraph 12 substitute —
“(a)An enhanced criminal record certificate issued under section 113B of the Police Act 1997 and, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of Section 113BA (2) of that Act or both; and
(b)the application for that certificate which was signed by the RQIA.”
In Schedule 4, substitute paragraph 3 with the following paragraph—
“3.If a residential care home and nursing home are to be carried on at the same site, details of the composition of each according to the requirements of paragraph and 2.”
In Schedule 8 at the end of Part II, after paragraph 10 f9, insert the following paragraph —
“Registers relating to voluntary adoption agencies
11.In the case of the register relating to —
voluntary adoption agencies, the code VAA”.
Signature
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd September 2010
L.S.
J.F Livingstone
A senior officer of the
Department of Health, Social Services and Public Safety
Explanatory note
(This note is not part of the Order)
These Regulations amend the Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005 which make provision in relation to the registration of certain establishments and agencies under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2005. The amendments at Regulations 2(2) and 2(6) relate to the registration of the following descriptions of establishments and agencies —
Voluntary Adoption Agencies
The amendment at Regulation 2(2) amends an error in the 2005 Regulations.
The amendments at Regulation 2(3) and 2(4) update provisions relating to criminal records checks.