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Welsh Statutory Instrument 2003 No. 2527 (W.242)The Nurses Agencies (Wales) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 2527 (W.242)NURSES, MIDWIVES AND HEALTH VISITORS, WALESThe Nurses Agencies (Wales) Regulations 2003
The National Assembly for Wales, in exercise of powers conferred upon it by sections 4(6), 16(3), 22(1), (2)(a) to (c), (f) to (j) and (7)(a) to (h) and (j), 25, 34(1), 35 and 118(5) to (7) of the Care Standards Act 2000[1] and of all other powers enabling it in that behalf, having consulted such persons as it considers appropriate[2], hereby makes the following Regulations: - Citation, commencement and application 1. - (1) These Regulations may be cited as the Nurses Agencies (Wales) Regulations 2003 and come into force on 2nd October 2003. (2) These Regulations apply to nurses agencies in Wales only. Interpretation 2. - (1) In these Regulations -
(b) in any other case, any office of the National Assembly;
(b) is the holder of a licence which has been granted to that person by a local authority under section 2 of that Act and which authorises the holder to carry on that agency from premises specified in the licence, or has applied for such a licence, the local authority which for the purposes of that section is the licensing authority in whose area the premises are situated;
(b) is the holder of a licence which has been granted to that person by a local authority under section 2 of that Act and which authorises the holder to carry on that agency from premises specified in the licence;
(b) is the holder of a licence which has been granted to that person by a local authority under section 2 of that Act and which authorises the holder to carry on that agency from premises specified in the licence;
(b) provides services for the purpose of supplying the service user with a nurse for employment by that service user;
(2) In these Regulations, references to the supply of a nurse mean -
(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.
(b) the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act. Service user's guide
(b) the terms and conditions in respect of the services to be provided to service users, including as to the amount and method of payment of fees; (c) a summary of the complaints procedure established in accordance with regulation 18; and (d) the address and telephone number of any specified appropriate office of the National Assembly. (2) The registered person must make a copy of the service user's guide available on request for inspection at the agency premises by every service user and any person acting on behalf of a service user.
(b) notify the appropriate office of the National Assembly of any significant revision within 28 days. Fitness of registered provider 7. - (1) A person must not carry on an agency unless that person is fit to do so. (2) A person is not fit to carry on an agency unless the person -
(b) is an organisation and -
(ii) that individual satisfies the requirements set out in paragraph (3). (3) The requirements are that -
(b) the individual is physically and mentally fit to carry on the agency; and (c) full and satisfactory information is available in relation to the individual -
(ii) where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 9 of Schedule 2. (4) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.
(b) he or she has made a composition or arrangement with his or her creditors and has not been discharged in respect of it. Appointment of manager
(b) the registered provider -
(ii) is not a fit person to manage an agency; or (iii) is not, or does not intend to be, in full-time day to day charge of the agency. (2) Where the registered provider appoints a person to manage the agency, he or she must forthwith give notice to the appropriate office of the National Assembly of -
(b) the date on which the appointment is to take effect. Fitness of manager
(b) having regard to the size of the agency, its statement of purpose and the number and needs of the service users -
(ii) he or she is physically and mentally fit to do so; and (c) full and satisfactory information is available in relation to him or her -
(ii) where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 9 of Schedule 2. (3) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.
(b) an organisation, it must ensure that the responsible individual undertakes, from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for carrying on the agency.
(ii) the offence of which he or she was convicted; and (iii) the penalty imposed in respect of the offence. Fitness of nurses supplied by an agency 12. - (1) The registered person must ensure that no nurse is supplied by the agency unless -
(b) he or she has the qualifications, skills and experience which are necessary for the work which he or she is to perform; (c) he or she is physically and mentally fit for that work; and (d) full and satisfactory information is available in relation to him or her in respect of each of the matters specified in Schedule 3. (2) The registered person must ensure that the selection of a nurse for supply is made by or under the supervision of a nurse and that in relation to the nurse carrying out the selection full and satisfactory information is available -
(ii) where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 9 of Schedule 2. (3) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.
(b) circumstances in which nurses may administer or assist in the administration of a patient's medication; (c) the other tasks which nurses may or may not perform in connection with a patient's care, and the tasks which may only be performed if the nurse has received specialist training; (d) arrangements to assist patients with mobility in their homes, where required; (e) measures to protect the safety and property of the patient; (f) arrangements to ensure that the privacy, dignity and wishes of the patient are respected; (g) measures to safeguard the patient against abuse or neglect; (h) measures to safeguard nurses against abuse or other harm; (i) the procedure to be followed after an allegation of abuse, neglect or other harm has been made. (3) The procedure referred to in paragraph (2)(i) must in particular provide for -
(b) the appropriate office of the National Assembly to be notified of any incident reported to the police, not later than 24 hours after the registered person -
(ii) is informed that the matter has been reported to the police. (4) The registered person must ensure that any personal information about a patient for whom a nurse is supplied by the agency is not disclosed to any member of the agency's staff unless it is necessary to do so in order to provide an effective service to the patient.
(b) is provided with a job description outlining his or her responsibilities. (3) The registered person must establish a procedure for collecting information from service users about the performance of nurses employed for the purposes of the agency, and must take such steps as may be necessary to address any aspect of a nurse's clinical practice.
(b) the role and responsibilities of nurses and other staff; (c) record keeping requirements; (d) recruitment procedures; and (e) training and development requirements and opportunities. Provision of information to service users
(b) the name of the member of staff of the agency who is responsible for the supply of that nurse; and (c) where the agency is acting as an employment business, details of how the service user may contact the registered person, or a person nominated to act on behalf of the registered person. (2) Where the service user is also the patient, the registered person must ensure that the information specified in paragraph (1) is, where appropriate, provided to the person acting on behalf of the patient.
(b) retained for a period of not less than three years beginning on the date of the last entry. Complaints
(b) the procedure (if any) which has been notified by the appropriate office of the National Assembly to the registered person for making complaints to the appropriate office of the National Assembly relating to the agency. (4) The registered person must ensure that every complaint made under the complaints procedure is fully investigated. Fitness of premises 20.The registered person must not use premises for the purposes of an agency unless the premises are suitable for the purpose of achieving the aims and objectives of the agency set out in the statement of purpose. Financial position 21. - (1) The registered provider must carry on the agency in such manner as is likely to ensure that the agency will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose. (2) The registered person must, if the appropriate office of the National Assembly so requests, provide that office with such information and documents as it may require in order to consider the financial viability of the agency, including -
(b) a certificate of insurance for the registered provider in respect of liability which may be incurred in relation to the agency in respect of death, injury, public liability, damage or other loss. Notice of absence 22. - (1) Where -
(b) the registered manager, proposes to be absent from the agency for a continuous period of 28 days or more, the registered person must give notice in writing to the appropriate office of the National Assembly of the proposed absence.
(b) the reason for the absence; (c) the arrangements which have been made for running the agency during that absence; (d) the name, address and qualifications of the person who will be responsible for the agency during that absence; and (e) in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the agency during that absence, including the proposed date by which the appointment is to be made. (3) Where the absence arises as a result of an emergency, the registered person must give notice of the absence within one week of its occurrence specifying the matters set out in paragraph (2)(a) to (e).
(b) the registered manager, has been absent from the agency for a continuous period of 28 days or more, and the appropriate office of the National Assembly has not been given notice of the absence, the registered person must, without delay, give notice in writing to the appropriate office of the National Assembly of the absence, specifying the matters set out in paragraph (2)(a) to (e).
(b) a person ceases to carry on or manage the agency; (c) where the registered person is an individual, that individual changes name; (d) where the registered provider is an organisation -
(ii) there is any change of director, manager, secretary or other similar officer of the organisation; (iii) there is any change in the identity of the responsible individual; (e) where the registered provider is an individual, a trustee in bankruptcy is appointed; Appointment of liquidators etc.
(b) appoint a manager to take full-time day to day charge of the agency in any case where there is no registered manager; and (c) not more than 28 days after appointment, notify the appropriate office of the National Assembly of the intended future operation of the agency. (2) This paragraph applies to any person appointed as -
(b) the liquidator or provisional liquidator of a company which is the registered provider in respect of an agency; (c) the receiver or manager of the property of a partnership whose business includes carrying on an agency; (d) the trustee in bankruptcy of a registered provider in respect of an agency. Death of registered person
(b) within 28 days of their intentions regarding the future running of the agency. (3) The personal representatives of the deceased registered provider may carry on the agency without being registered in respect of it -
(b) for any further period as may be determined in accordance with paragraph (4). (4) The National Assembly may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the National Assembly determines, and must notify any such determination to the personal representatives in writing. Compliance with regulations 26.Where there is more than one registered person in respect of an agency, anything which is required under these Regulations to be done by the registered person must, if done by one of the registered persons, not be required to be done by any of the other registered persons. Offences 27. - (1) A contravention or failure to comply with any of the provisions of regulations 4 to 23 shall be an offence. (2) The National Assembly may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 17. Fees 28. - (1) The Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002[8] are amended in accordance with the following provisions of this regulation. (2) In the paragraph headed "Arrangement of Regulations", the following line is added at the end "13. Annual fee - nurses agencies". (3) In regulation 2(1) -
(4) After regulation 12 (Annual fee - fostering agencies and local authority fostering services), insert the following regulation -
13. - (1) The annual fee in respect of a nurses agency is Ј500. (2) The annual fee in respect of a nurses agency shall be first payable by the registered provider on the date specified in respect of him or her in paragraph (3) ("the first date") and thereafter on the anniversary of the first date. (3) The specified date is -
(ii) in any other case, 31st December 2003; (b) in the case of a registered provider who is a new provider, the date on which a certificate of registration is first issued under Part II of the Act in respect of that registered provider of the nurses agency." Registration
(ii) in any other case, any office of the National Assembly." (b) in the definition of "statement of purpose", after sub-paragraph (e) insert -
Transitional provisions 1.The aims and objectives of the agency. 2.The nature of the services which the agency provides. 3.The name and address of the registered provider and of any registered manager. 4.The relevant qualifications and experience of the registered provider and any registered manager. 5.The range of qualifications of nurses supplied by the agency, and the types of settings in which they are supplied to work. 6.The complaints procedure established in accordance with regulation 18. 1.Proof of identity, including a recent photograph. 2.Either -
(b) in any other case, a criminal record certificate issued under section 113 of that Act, including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act[14].
(b) in respect of which the person has been cautioned and which, at the time the caution was given, the person admitted. 1.Name, address, date of birth and telephone number. 2.Name, address and telephone number of next of kin. 3.Proof of identity, including a recent photograph. 4.Either -
(b) in any other case, a criminal record certificate issued under section 113 of that Act, including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.
(b) in respect of which the person has been cautioned and which, at the time the caution was given, the person admitted. 6.Two written references from nurses or other health professionals, including a reference relating to the last period of employment as a nurse of not less than three months duration. Records relating to supply of nurses 1.Copies of all agreements between the agency and nurses supplied or to be supplied by the agency and evidence that a copy of any standard terms and conditions has been supplied by the agency to each nurse. 2.Details of the remuneration payable to each nurse who is employed by the agency and her conditions of employment. 3.Copies of any statement given to a service user setting out the qualifications and relevant experience of a nurse supplied to that service user. 4.An alphabetical index of service users, including the full name, address and telephone number of each of them and any serial numbers assigned to them. 5.An alphabetical index of nurses supplied or available for supply by the agency, including any serial numbers assigned to them. 6.Details of each supply of a nurse to a service user. 7.Where the agency is acting as an employment business and a nurse is supplied to provide nursing care in the private residence of a service user or patient, details of -
(b) the name and address of the patient's general medical practitioner; (c) other health professionals from whom the patient is receiving treatment; (d) the patient's next of kin; (e) the patient's religion; (f) other occupants at the premises where nursing will be provided; and (g) the nursing plan devised for the patient and a detailed record of the nursing care provided. Other records
(b) by a nurse (which is not the subject of a complaint made under regulation 18), who is employed by the agency, including details of the investigations made, the outcome and any action taken in consequence. Transition from licensing under the 1957 Act to registration under the 2000 Act 1. - (1) This sub-paragraph applies to a nurses agency provider (referred to as "the provider" ("y darparydd") in the following provisions of this Schedule) when in accordance with sub-paragraph (6) he or she is treated as having applied for and been granted registration under Part II of the 2000 Act in respect of the agency that he or she was licensed to carry on under the 1957 Act. (2) The 1957 Act shall continue in force for the purpose of giving effect to the following provisions of this paragraph. (3) Until such time as sub-paragraph (1) applies in relation to a nurses agency provider the provisions of the 1957 Act shall continue in force in relation to, and in respect of, the provider as if any reference in the 1957 Act to the licensing authority is a reference to the National Assembly. (4) The National Assembly, having regard to any representations made by the provider under sub-paragraph (9), shall determine at such time as it thinks fit, the matters described in sub-paragraph (5), and serve notice of its determination upon the provider. (5) The matters are -
(b) any other matter in so far as the determination of that matter is necessary to enable the provider, in accordance with sub-paragraph (6), to be treated for the purposes of Part II of the 2000 Act as having applied for and been granted registration in respect of the agency; and any determination of the National Assembly under sub-paragraph (4) shall for the purposes of section 21 of the 2000 Act (appeals to the Tribunal) be treated as if it were a decision of the Assembly under Part II of that Act.
(b) the conditions (if any) determined in accordance with sub-paragraph (5)(a) shall, in so far as they are capable of being conditions to which the registration for the purposes of Part II of the 2000 Act is subject, have effect -
(ii) as if, for the purposes of section 19(1) of the 2000 Act, they had been agreed in writing between the provider and the National Assembly. (7) On, or before, the effective date in respect of a determination under this paragraph the National Assembly shall issue a certificate to the provider -
(b) which shall be treated as if it were a certificate in respect of the existing undertaking issued by the National Assembly under Part II of the 2000 Act. (8) The provisions of sub-paragraphs (5) and (6) shall be without prejudice to the powers of the National Assembly to vary, remove or impose any condition in accordance with Part II of the 2000 Act.
(b) to which sub-paragraph (2) does not apply. (2) This sub-paragraph applies to an application in respect of which the authority has given the person who made the application -
(ii) the person who made the application has appealed but the appeal has not been determined or abandoned; or (b) the opportunity of being heard under section 2(5) of that Act in respect of any proposal to refuse to grant a licence, unless -
(ii) the authority has given notice of the refusal of a licence. (3) Where this sub-paragraph applies in relation to an application that application shall be treated as an application for registration under Part II of the 2000 Act.
(ii) an appeal against such a decision; (b) the functions, powers and duties that immediately before 2nd October 2003 the authority had under that Act in relation to the matters mentioned in the preceding paragraph of this sub-paragraph shall apply to, and be exercisable by, the National Assembly instead of the authority;
(ii) as if it had taken effect in accordance with section 19(5) of the Act. Pending decision as to cancellation
(b) the existing provider has appealed under section 2(4) of the 1957 Act and the appeal has not been determined or abandoned, the existing provider shall not be treated, for the purposes of Part II of the Act, as having been granted registration in respect of that existing undertaking.
(b) in pursuance of section 2(5) of the 1957 Act the existing provider has been given an opportunity of being heard; and (c) the authority or the National Assembly have not determined the matter. (2) Where sub-paragraph (1) applies -
(b) section 18(2) of the Act shall have effect as if -
(ii) for paragraph (c) the following paragraph were substituted -
Transfer of Information and documents
(b) as soon as practicable, all such information or documents which come into their possession after the coming into force of these Regulations. (This note is not part of the Regulations) These Regulations are made under the Care Standards Act 2000 ("the Act"), and apply in relation to nurses agencies in Wales only. Parts I and II of the Act provide for the National Assembly for Wales, in relation to Wales, to register and inspect establishments and agencies, including nurses agencies. The Act also provides for the Assembly to make regulations governing the conduct of establishments and agencies. By regulation 4, each agency must prepare a statement of purpose in relation to the matters set out in Schedule 1 and a service user's guide to the agency (regulation 5). The agency must be carried on in a manner which is consistent with the statement of purpose. Regulations 7 to 11 make provision about the fitness of the persons carrying on and managing an agency and require satisfactory information to be obtained in relation to the matters specified in Schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 7). Regulation 8 prescribes the circumstances where a manager must be appointed in respect of the agency, and regulation 9 makes provision concerning the fitness of the manager. Regulation 10 imposes general requirements in relation to the proper conduct of the agency, and the need for appropriate training. Part III makes provision in relation to the conduct of agencies, in particular about the quality of services to be provided by an agency. Regulation 12 makes provision about the fitness of all nurses supplied by an agency. Regulation 13 sets out the policies and procedures which must be prepared and implemented by the registered person where the agency is acting as an employment business. In addition, provision is made as to staffing (regulation 14), the provision of information to service users (regulation 16), record keeping (regulation 17 and Schedule 4) and complaints (regulation 18). Provision is also made about the suitability of premises (regulation 20) and the financial management of the agency (regulation 21). Regulations 22 to 25 deal with the giving of notices to the Assembly. Part IV deals with miscellaneous matters. In particular, regulation 27 provides for offences. A breach of regulations 4 to 23 may found an offence on the part of the registered person. Regulation 28 amends the Regulation of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002 by prescribing the annual fee in respect of the registration of nurses agencies. Regulation 29 makes amendments to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 to include nurses agencies and regulation 30 deals with transitional arrangements. Notes: [1]2000 c.14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1)(as read with section 5(1)(b)), in relation to Wales as the National Assembly for Wales and, in relation to England, Scotland and Northern Ireland, as the Secretary of State. "Prescribed" and "regulations" are defined in section 121(1) of the Act.back [2]See section 22(9) of the Care Standards Act 2000 for the requirement to consult.back [3]1957 c.16.back [4]See the Interpretation Act 1978 (c.30), Schedule 1. A definition of "registered" in relation to nurses, midwives and health visitors was inserted by the Nurses, Midwives and Health Visitors Act 1979 (c.36), section 23(4) and Schedule 7, paragraph 30, as substituted by article 54(3) of, and Schedule 5, paragraph 7 to, the Nursing and Midwifery Order 2001 (S.I. 2002/253), on a date to be appointed.back [5]1990 c. 19. See section 5 of that Act as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c.17) and sections 13(1) and 14 of the Health Act 1999 (c.8).back [6]See section 121(1) of the Act for the definition of "employment business".back [7]The Nursing and Midwifery Council was established by article 3 of the Nursing and Midwifery Order 2001 (S.I. 2002/253).back [8]S.I. 2002/921 as amended by S.I. 2003/237 and S.I. 2003/781.back [9]S.I. 2002/919 (W. 107) as amended by S.I. 2002/237back [10]S.I.back [11]1998 c.38.back [12]Section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104.back [13]A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18. A position is within section 115(4) if it is of a kind specified in regulations and involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.back [14]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 [15]The register is maintained pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).back [16]1974 c.53.back [17]S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I. 1986/2268 and S.I. 2001/1192.back [18]S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, 1986/2268, 2001/1192 and 2002/441.back ISBN0 11090787 6 -- Back --
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