Citation, commencement and application

1. —(1) These Regulations may be cited as the Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003 and shall come into force on 1st October 2003.

(2) These Regulations apply to England only.

Amendment of the Domiciliary Care Agencies Regulations 2002

2. —(1)The Domiciliary Care Agencies Regulations 2002( 3 ) shall be amended in accordance with the following provisions of this regulation.

(2)Regulation 12 (fitness of domiciliary care workers supplied by an agency) shall be re-numbered as paragraph (1) of regulation 12.

(3) In regulation 12, after paragraph (1) there shall be added the following paragraph—

“ (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.