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    " (2) Paragraph (1)(d), in so far as it relates to paragraph 13 of Schedule 3, shall not apply until 31st October 2004 in respect of a domiciliary care worker who has been supplied by the agency at any time during the period from 1st October 2002 to 30th September 2003.".

    (4) In Schedule 3, there shall be added at the end the following paragraph - 

     " 13. Either - 


(a) where the position falls within section 115(3) or (4) of the Police Act 1997 (registration under Part 2 of the Care Standards Act 2000), an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act,



including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act[4].".

Amendment of the Nurses Agencies Regulations 2002
     3.  - (1) The Nurses Agencies Regulations 2002[5] shall be amended in accordance with the following provisions of this regulation.

    (2) In regulation 12 (fitness of nurses supplied by an agency), there shall be added at the end the following paragraph - 

    " (4) Paragraph (1)(d), in so far as it relates to paragraph 13 of Schedule 3, shall not apply in respect of a nurse who, at any time during the period from 1st October 2002 to 30th September 2003, has been supplied by the agency.".

    (3) In Schedule 3, there shall be added at the end the following paragraph - 

     " 13. Either - 


(a) where the position falls within section 115(3) or (4) of the Police Act 1997 (registration under Part 2 of the Care Standards Act 2000), an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act,



including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act.".

Amendment of the National Care Standards Commission (Registration) Regulations 2001
     4.  - (1) In paragraph 10 of Schedule 2 to the National Care Standards Commission (Registration) Regulations 2001[6] - 

(a) in sub-paragraph (1), the words "In the case of an establishment or agency other than a domiciliary care agency or a nurses agency," shall be omitted;

(b) sub-paragraphs (3) to (5) shall be omitted.

    (2) The amendments made by paragraph (1) shall not apply in relation to any application for registration under Part 2 of the Care Standards Act 2000 which is made before 1st October 2003.



Signed by authority of the Secretary of State for Health


Stephen Ladyman
Parliamentary Under Secretary of State, Department of Health

8th September 2003

[2] See section 22(9) of the Care Standards Act 2000 for the requirement to consult.back

[3] S.I. 2002/3214.back

[4] Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c.14), and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.back

[5] S.I. 2002/3212.back

[6] S.I. 2001/3969. Relevant amending instruments are S.I. 2002/865 and 2003/369.back

  Prepared 16 September 2003