Office of Public Sector Information
38. 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 shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.
39.—(1) A contravention or failure to comply with any of the provisions of regulations 3 to 35 shall be an offence.
(2) The Regulation and Improvement Authority shall not bring proceedings against a person in respect of any contravention, or failure to comply with those regulations unless—
(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 has expired; and
(d) the person contravenes any of the provisions of the regulations mentioned in the notice.
(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) what action in the opinion of the Regulation and Improvement Authority, the registered person should take so as to comply with any of those regulations;
(c) the period, not exceeding three months, within which the registered person should take any action; and
(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.
40.—(1) This regulation applies to persons who, by virtue of the provisions of the Order and these regulations, are required to be registered under Part III of the Order but who immediately prior to 30th April 2007 were not required to be so registered.
(2) Where paragraph (1) applies, a person who immediately prior to 30th April 2007, was carrying on or managing an adult placement agency may continue to carry on or manage the agency—
(a) during a period of 12 months beginning on and including 30th April 2007; and
(b) if, within that period, an application is made to the Regulation and Improvement Authority for registration under Part III of the Order until that application is finally disposed of or withdrawn.
(3) Where paragraph (2) applies, Articles 12 (1), (4), and (5) of the Order shall not apply to such a person.
(4) In this regulation “finally disposed of” means the date 28 days following the grant or refusal of registration and, if an appeal is made, the date when the appeal is finally determined or abandoned.
Sealed with Official Seal of the Department of Health, Social Services and Public Safety on 29th March 2007.
M. Briscoe
Senior Officer of the
Department of Health, Social Services and Public Safety
Regulation 3(1)
1. A statement of the overall aims and objectives of the adult placement agency.
2. The name and address of the registered provider and of any registered manager.
3. If the registered provider is not an organisation, his relevant qualifications and experience.
4. If the registered provider is an organisation the name and address and qualifications and experience of the responsible individual.
5. The relevant qualifications and experience of any registered manager.
6. The number, relevant qualifications and experience of the staff working for the purposes of the agency.
7. The status, constitution and organisational structure of the agency, which identify the lines of accountability, specific roles and responsibilities for areas of activity.
8. The age-range and sex of the service users in respect of whom the agency may make placements.
9. The range of needs that the agency is intended to meet through the making of placements.
10. The arrangements made for consultation with service users about the operation of the agency.
11. The arrangements made for contact between placements and their relatives, friends, representatives and the local community where practicable.
12. The arrangements for dealing with complaints.
13. The arrangements made for dealing with reviews of the service users plan referred to in regulation 19.
Regulations 7(3), 9(2) and 28
1. Proof of the person’s identity, including a recent photograph.
2. When Part V of the Police Act 1997 is commenced in Northern Ireland, either—
(a) where a certificate is required for a purpose which is prescribed by regulations under section 113B of the Police Act 1997 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 .
3. Two written references relating to the person, including a reference from the person’s present or most recent employer, if any.
4. Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as is reasonably practicable, verification of the reason why the employment or position ended.
5. Documentary evidence of any relevant qualifications or accredited training of the person and if applicable, registration with an appropriate professional regulatory body.
6. A full employment history, together with a satisfactory written explanation of any gaps in employment.
7. Evidence that the person is physically and mentally fit for the purposes of the work which he is to perform or, where it is impracticable for the person to obtain such evidence, a declaration signed by the person that he is so fit.
The Adult Placement Agencies Regulations (Northern Ireland) 2007