Nurses Agencies Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/3212 |
2002 No. 3212
NURSES MIDWIVES AND HEALTH VISITORS, ENGLAND
Nurses Agencies Regulations 2002
Made 21th December 2002
Laid before Parliament 23th December 2002
Coming into force 1st April 2003
The Secretary of State for Health, in exercise of powers conferred on him by sections 4(6), 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 20001and of all other powers enabling him in that behalf, having consulted such persons as he considers appropriate2, hereby makes the following Regulations:—
PART I
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the Nurses Agencies Regulations 2002 and shall come into force on 1st April 2003.
(2) These Regulations apply to nurses agencies in England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Care Standards Act 2000;
“agency” means a nurses agency;
“nurse” means a registered nurse, registered midwife or registered health visitor3;
“NHS trust” has the same meaning as in the National Health Service and Community Care Act 19904;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“patient” means a person to whom nursing is provided by a nurse supplied by an agency;
“registered manager”, in relation to an agency, means a person who is registered under Part II of the Act as the manager of that agency;
“registered person”, in relation to an agency, means any person who is the registered provider or the registered manager of that agency;
“registered provider”, in relation to an agency, means a person who is registered under Part II of the Act as the person carrying on that agency;
“responsible individual” shall be construed in accordance with regulation 7;
“service user” means a person to whom an agency—
(a) supplies a nurse who is employed by the agency; or
(b) provides services for the purpose of supplying the service user with a nurse for employment by that service user;
“service user’s guide” means the written guide produced in accordance with regulation 5;
“statement of purpose” means the written statement compiled in accordance with regulation 4.
(2) In these Regulations, references to the supply of a nurse mean—
(a)
(a) the supply of a nurse who is employed for the purposes of an agency to act for and under the control of another person; and
(b)
(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.
Excepted agencies
3. For the purposes of the Act, an NHS trust which supplies nurses to work solely for other NHS trusts shall be excepted from being a nurses agency.
Statement of purpose
4.—(1) The registered person shall compile in relation to the agency a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
(2) The registered person shall supply a copy of the statement of purpose to the Commission and shall make a copy of it available on request for inspection by every service user and any person acting on behalf of a service user.
(3) Nothing in regulation 20 shall require or authorise the registered person to contravene, or not to comply with—
(a)
(a) any other provision of these Regulations; or
(b)
(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
5.—(1) The registered person shall prepare a service user’s guide which shall include—
(a)
(a) a summary of the statement of purpose;
(b)
(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)
(c) a summary of the complaints procedure established in accordance with regulation 18; and
(d)
(d) the address and telephone number of the Commission.
(2) The registered person shall 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.
Review of statement of purpose and service user’s guide
6. The registered person shall—
(a) keep under review and, where appropriate, revise the statement of purpose and the service user’s guide; and
(b) notify the Commission of any material revision within 28 days.
PART II
REGISTERED PERSONS
Fitness of registered provider
7.—(1) A person shall not carry on an agency unless she is fit to do so.
(2) A person is not fit to carry on an agency unless the person—
(a)
(a) is an individual, who carries on the agency—
(i) otherwise than in partnership with others, and she satisfies the requirements set out in paragraph (3);
(ii) in partnership with others, and she and each of her partners satisfies the requirements set out in paragraph (3);
(b)
(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
(c)
(c) is an organisation and—
(i) the organisation has given notice to the Commission 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)
(a) she is of integrity and good character;
(b)
(b) she is physically and mentally fit to carry on the agency; and
(c)
(c) full and satisfactory information is available in relation to her in respect of each of the matters specified in Schedule 2.
(4) A person shall not carry on an agency if—
(a)
(a) she has been adjudged bankrupt or sequestration of her estate has been awarded and (in either case) she has not been discharged and the bankruptcy order has not been annulled or rescinded; or
(b)
(b) she has made a composition or arrangement with her creditors and has not been discharged in respect of it.
Appointment of manager
8.—(1) The registered provider shall appoint an individual to manage the agency where—
(a)
(a) there is no registered manager in respect of the agency; and
(b)
(b) the registered provider—
(i) is an organisation or a partnership; or
(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, she shall forthwith give notice to the Commission of—
(a)
(a) the name of the person so appointed; and
(b)
(b) the date on which the appointment is to take effect.
Fitness of manager
9.—(1) A person shall not manage an agency unless she is fit to do so.
(2) A person is not fit to manage an agency unless—
(a)
(a) she is of integrity and good character;
(b)
(b) having regard to the size of the agency, its statement of purpose and the number and needs of the service users—
(i) she has the qualifications, skills and experience necessary to manage the agency; and
(ii) she is physically and mentally fit to do so; and
(c)
(c) full and satisfactory information is available in relation to her in respect of each of the matters specified in Schedule 2.
Registered person—general requirements and training
10.—(1) The registered provider and the registered manager shall, having regard to the size of the agency, its statement of purpose and the number and needs of the service users, carry on or (as the case may be) manage the agency with sufficient care, competence and skill.
(2) If the registered provider is—
(a)
(a) an individual, she shall undertake;
(b)
(b) an organisation, it shall ensure that the responsible individual undertakes; or
(c)
(c) a partnership, it shall ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that she has the experience and skills necessary for carrying on the agency.
(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that she has the experience and skills necessary for managing the agency.
Notification of offences
11. Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, she shall forthwith give notice in writing to the Commission of—
(i) the date and place of the conviction;
(ii) the offence of which she was convicted; and
(iii) the penalty imposed on her in respect of the offence.
PART III
CONDUCT OF NURSES AGENCIES
CHAPTER 1
QUALITY OF SERVICE PROVISION
Fitness of nurses supplied by an agency
12.—(1) The registered person shall ensure that no nurse is supplied by the agency unless—
(a)
(a) she is of integrity and good character;
(b)
(b) she has the qualifications, skills and experience which are necessary for the work which she is to perform;
(c)
(c) she is physically and mentally fit for that work; and
(d)
(d) full and satisfactory information is available in relation to her in respect of each of the matters specified in Schedule 3.
(2) The registered person shall ensure that the selection of a nurse for supply is made by or under the supervision of a nurse and that full and satisfactory information in respect of each of the matters listed in Schedule 2 is available in relation to the nurse carrying out the selection.
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