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The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
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- UK Statutory Instruments
- 2014 No. 2936
- PART 3
- SECTION 2
- Regulation 19
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The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Section 19 is up to date with all changes known to be in force on or before 10 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 4(4)(a)(xv) and word inserted by S.I. 2024/374 Sch. 5 para. 23(a)(ii)
- Sch. 1 para. 4(4)(g) inserted by S.I. 2024/374 Sch. 5 para. 23(b)
- Sch. 4A inserted by S.I. 2022/15 reg. 4(5) (This amendment not applied to Legislation.gov.uk - amending S.I. 2022/15 revoked on 15.3.2022 by S.I. 2022/206, reg. 3)
- reg. 12(3)-(3K) substituted for reg. 12(3)-(3D) by S.I. 2022/15 reg. 4(2) (This amendment not applied to Legislation.gov.uk - amending S.I. 2022/15 revoked on 15.3.2022 by S.I. 2022/206, reg. 3)
Fit and proper persons employedE+W
This section has no associated Explanatory Memorandum
19.—(1) Persons employed for the purposes of carrying on a regulated activity must—
(a)be of good character,
(b)have the qualifications, competence, skills and experience which are necessary for the work to be performed by them, and
(c)be able by reason of their health, after reasonable adjustments are made, of properly performing tasks which are intrinsic to the work for which they are employed.
(2) Recruitment procedures must be established and operated effectively to ensure that persons employed meet the conditions in—
(a)paragraph (1), or
(b)in a case to which regulation 5 applies, paragraph (3) of that regulation.
(3) [F1Subject to paragraph (3A), the] following information must be available in relation to each such person employed—
(a)the information specified in Schedule 3, and
(b)such other information as is required under any enactment to be kept by the registered person in relation to such persons employed.
[F2(3A) Unless regulation 4, 6 or 7 applies, where the person so employed is a volunteer, paragraph (3) does not require the information specified in paragraph 7 of Schedule 3 to be made available.]
(4) Persons employed must be registered with the relevant professional body where such registration is required by, or under, any enactment in relation to—
(a)the work that the person is to perform, or
(b)the title that the person takes or uses.
(5) Where a person employed by the registered person no longer meets the criteria in paragraph (1), the registered person must—
(a)take such action as is necessary and proportionate to ensure that the requirement in that paragraph is complied with, and
(b)if the person is a health care professional, social worker or other professional registered with a health care or social care regulator, inform the regulator in question.
(6) Paragraphs (1) and (3) of this regulation do not apply in a case to which regulation 5 applies.
[F3(7) For the purposes of this regulation, a “volunteer” is a person employed under arrangements to provide their services voluntarily as referred to in regulation 2(2)(c).]
Textual Amendments
F1Words in reg. 19(3) substituted (15.1.2024) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1404), regs. 1(1), 2(2)(a)
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