These requirements apply to all business activities in this division.
compliance
Great_Britain
Ongoing
Health and Safety at Work etc. Act 1974 — general duties
Enforced by:
HSE
Health and Safety at Work etc. Act 1974
General duty to protect employees and others affected by the business — care workers, service users in their own homes, and people attending day settings.
insurance
Great_Britain
Annual
Employers' Liability Insurance
Enforced by:
HSE
Employers' Liability (Compulsory Insurance) Act 1969
Required for any business employing at least one person.
registration
Uk
Annual
UK GDPR + Data Protection Act 2018
Enforced by:
ICO
Data Protection Act 2018; UK GDPR (retained EU law)
Social care and child day-care providers process extensive special-category personal data (health, care assessments, safeguarding records, children's records). ICO registration unless exempt.
compliance
Great_Britain
Ongoing
Equality Act 2010 — protected characteristics
Enforced by:
EHRC
Equality Act 2010
No discrimination in employment or in the provision of care and support services. The public sector equality duty also applies to providers exercising public functions on behalf of a local authority.
compliance
England_Wales
Ongoing
Regulatory Reform (Fire Safety) Order 2005
Enforced by:
LOCAL_FIRE_AUTHORITY
Regulatory Reform (Fire Safety) Order 2005
Applies to the provider's own premises — offices, day centres, child day-care settings (it does not apply to a service user's private home where care is delivered). The 'responsible person' must carry out and maintain a fire risk assessment. Devolved: Fire (Scotland) Act 2005; Fire and Rescue Services (NI) Order 2006.
compliance
England_Wales
Ongoing
DBS checks and safe recruitment (regulated activity)
Enforced by:
DBS
Safeguarding Vulnerable Groups Act 2006
Staff providing social work, personal care or child day-care are engaged in 'regulated activity' with children or vulnerable adults, so enhanced DBS checks with barred-list checks are required, and it is an offence to employ a barred person in regulated activity. Scotland: PVG scheme run by Disclosure Scotland (Protection of Vulnerable Groups (Scotland) Act 2007). NI: AccessNI (Safeguarding Vulnerable Groups (NI) Order 2007). No regulator codes exist for Disclosure Scotland or AccessNI.