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 nursing agency;

"general practitioner" means a medical practitioner who provides primary services;

(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 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has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or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 qualifications, knowledge, skills and competencies which are necessary for the work which he is to perform;

(c) he is physically and mentally fit for that work; 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 in full-time day to day charge of the agency; or

(b) the registered manager,

proposes to be absent from the agency for a continuous period of 28 days or more, the registered person 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 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 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 in full-time day to day charge of the agency; 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.

(a) the illness or disability from which the patient is suffering;

(b) the name and address of the patient's general medical practitioner;

(c) other health care professionals from whom the patient is receiving treatment;

(d) the patient's next of kin;

(e) any special requirements arising from the patient's religious or spiritual traditions;

(f) other occupants at the property where nursing will be provided;

(g) the nursing plan devised for the patient, including details of the assessment, planned care, implementation of the planned care, evaluation of care given, reviews of the care plan and a detailed record of the holistic care provided, including completed consent forms;

(h) any accident incurred by the patient or agency nurse or other untoward incident; and

(i) any other information which would be of assistance to a health care professional or social care worker to provide continuity of care.

Records relating to training and development of staff
     7. All training and professional development activities completed by staff.

     8. Annual staff appraisals.

Other records
     9. All information provided to the Regulation and Improvement Authority for the purposes of registration in relation to the agency.

     10. Details of every allegation of abuse -

(a) against a nurse; or

(b) by a nurse (which is not the subject of a complaint made under regulation 19),

who is employed by the agency, including details of the investigations made, the outcome and any action taken in consequence.