Statutory Rules of Northern Ireland

"the Order" means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

"agency" means a domiciliary care agency;

"agency premises" means the premises from which the activities of an agency are carried on;

"direct service provider" means a provider who supplies a domiciliary care worker who is employed by, and who acts for and under the control of, the provider;

"domiciliary care worker" means a person who—

(a) is employed by an agency to act for, and under the control of, another person;

(b) is introduced by an agency to a service user for employment by him; or

(c) is employed by a direct service provider,

in a position which is concerned with the provision of prescribed services in their own homes for persons who by reason of illness, infirmity, disability or family circumstances are unable to provide any such service for themselves without assistance;

"organisation" means a body corporate or any unincorporated association other than a partnership;

"personal care" has the same meaning as in Article10(3) of the Order;

"prescribed services" shall be construed in accordance with regulation 3;

"registered manager", in relation to an agency, means a person who is registered under Part III of the Order as the manager of the agency;

"registered person", in relation to an agency, means any person who is the registered provider or the registered manager of the agency;

"registered provider", in relation to an agency, means a person who is registered under Part III of the Order as the person carrying on the agency;

"relative" in relation to a service user, means—

(a) the service user's spouse or civil partner;

(b) any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the service user, or his spouse or civil partner;

(c) the spouse or civil partner of any relative within sub-paragraph (b) of this definition,

and for the purpose of determining any such relationship a service user's step-child shall be treated as his child, and references to "spouse" include a former spouse and a person who is living with the service user as husband or wife and references to "civil partner" include a former civil partner and a person who is living with the service user as if they were civil partners;

"representative" means in relation to a service user, a person other than the registered person or a person employed by the agency, who with the service user's express or implied consent, takes an interest in the service user's health and welfare;

"responsible individual" shall be construed in accordance with regulation 8(2);

"service user" means any person for whom an agency—

(a) supplies a domiciliary care worker who is employed by the agency (including domiciliary care workers supplied by a direct service provider); or

(b) provides services for the purpose of supplying him with a domiciliary care worker for employment by him;

"service user's guide" means the guide produced in accordance with regulation 6(1);

"service user plan" means the written plan prepared in accordance with regulation 15(2);

"statement of purpose" means the written statement compiled in accordance with regulation 5(1).

    (2) In these Regulations, references to the supply of a domiciliary care worker mean—

(a) the supply of a domiciliary care worker who is employed by an agency to act for and under the control of another person;

(b) the introduction of a domiciliary care worker by an agency to a service user for employment by him; and

(c) the supply of a domiciliary care worker employed by a direct service provider to a service user.

(a) is an individual, who carries on the agency—


(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);

(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);



(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);

(c) is an organisation and—



(i) the organisation has given notice to the Regulation and Improvement Authority of the name, address and position in the organisation of an individual (in these Regulations referred to as "the responsible individual") who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the agency; and

(ii) that individual satisfies the requirements set out in paragraph (3).

    (3) The requirements are that—

(a) he is of integrity and good character;

(b) he is physically and mentally fit to carry on the agency; and

(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

    (4) A person shall not carry on an agency if—

(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b) he has made a composition or arrangement with his creditors and has not been discharged in respect of it.

(a) he is of integrity and good character;

(b) he has the experience and skills necessary for the work that he is to perform;

(c) he is physically and mentally fit for the purposes of the work which he is to perform; and

(d) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 3.

(a) the annual accounts of the agency, certified by an accountant; and

(b) a certificate of insurance for the registered provider in respect of liability which may be incurred by him in relation to the agency in respect of death, injury, public liability, damage or other loss.

(a) the registered provider, being an individual who manages the agency himself; or

(b) the registered manager,

proposes to be absent from the agency for a continuous period of 28 days or more, the registered provider shall give notice in writing to the Regulation and Improvement Authority of the proposed absence.

    (2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence commences, or within such shorter period as may be agreed with the Regulation and Improvement Authority and the notice shall specify—

(a) the length or expected length of the 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 managing 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 provider shall give notice of the absence within one week of its occurrence specifying the matters set out in paragraph (2)(a) to (e).

    (4) Where—

(a) the registered provider, being an individual who manages the agency himself; or

(b) the registered manager,

(a) subject to paragraph (4), he is a registered person;

(b) notice has been given to him in accordance with paragraph (3);

(c) the period specified in the notice, within which the registered person may make representations to the Regulation and Improvement Authority, has expired; and

(d) in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.

    (3) Where the Regulation and Improvement Authority considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying—

(a) in what respect in its opinion the registered person has contravened any of the regulations;

(b) where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Regulation and Improvement Authority, the registered person should take for that purpose;

(c) the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);

(d) the period, not exceeding one month, within which the registered person may make representations to the Regulation and Improvement Authority about the notice.

    (4) The Regulation and Improvement Authority 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 21, and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.



Sealed with Official Seal of the Department of Health, Social Services and Public Safety on


4th April 2007.

L.S.

M. Briscoe
A senior officer of the Department of Health, Social Services and Public Safety

(a) where a certificate is required for a purpose which is prescribed by regulations under section 113B of that Act, an enhanced criminal record certificate issued under that section; or

(b) in any other case, a criminal record certificate issued under section 113A of that Act, and an application for either certificate shall be accompanied where applicable by an adult's suitability statement under section 113D of that Act.