Regulation and Inspection of Social Care (Wales) Act 2016
PART 1REGULATION OF SOCIAL CARE SERVICES
CHAPTER 1INTRODUCTION
1Overview of Part 1
2Meaning of “regulated service”
3Other key terms
4General objectives
CHAPTER 2REGISTRATION ETC. OF SERVICE PROVIDERS
Requirement to register
5Requirement to register
Application for, variation of and cancellation of registration
6Application for registration as a service provider
7Grant or refusal of registration as a service provider
8Duration of domiciliary support visits
9Fit and proper person: relevant considerations
10Annual return
11Application for variation of registration as a service provider
12Grant or refusal of application for variation
13Variation without application
14Application for cancellation of registration as a service provider
15Cancellation without application
Notice requirements
16Improvement notices
17Notice of decision following improvement notice
18Notice of proposal
19Notice of decision following notice of proposal
20Notice of decision without notice of proposal
Responsible individuals
21Responsible individuals
22Cancellation of designation of a responsible individual
Urgent action
23Urgent cancellation or variation of services or places
24Urgent cancellation or variation: notification and appeals
25Urgent variation of registration: other conditions
Appeals
26Appeals
Regulations and guidance
27Regulations about regulated services
28Regulations about responsible individuals
29Guidance about regulations under sections 27 and 28
30Regulations about service providers who are liquidated etc.
31Regulations about service providers who have died
CHAPTER 3INFORMATION AND INSPECTIONS
32Power to require information
33Inspections and inspectors
34Powers of inspector to enter and inspect premises
35Powers of inspector to interview and examine persons
36Inspection reports
37Inspection ratings
CHAPTER 4GENERAL FUNCTIONS
38Register of service providers
39Notifying local authorities of certain action taken under this Part
40Charging fees
41Engagement with the public
42Annual report on regulatory functions
CHAPTER 5OFFENCES AND PENALTIES
43Failure to comply with a condition
44False descriptions
45Failure by service provider to comply with requirements in regulations
46Failure by responsible individual to comply with requirements in regulations
47False statements
48Failure to submit annual return
49Failure to provide information
50Offences related to inspections
51Penalties upon conviction
52Penalty notices
53Offences by bodies corporate
54Offences by unincorporated bodies
55Proceedings for offences
CHAPTER 6LOCAL AUTHORITY SOCIAL SERVICES
56Reports by local authorities and general duty of the Welsh Ministers
57Reviews, investigations and inspections
58Regulation of local authority functions relating to looked after and accommodated children
CHAPTER 7MARKET OVERSIGHT
59Specifying criteria for application of market oversight regime
60Determining whether criteria apply to service provider
61Assessment of financial sustainability of service provider
62Informing local authorities where failure of service provider likely
63National market stability report
CHAPTER 8INTERPRETATION
64Interpretation of this Part
PART 2OVERVIEW AND INTERPRETATION OF PARTS 3 TO 8
65Overview of Parts 3 to 8
66Interpretation of Parts 3 to 8
PART 3SOCIAL CARE WALES
Continuation of the Care Council for Wales and its renaming
67Social Care Wales
SCW's objectives
68SCW's objectives
Advice and assistance
69Advice and assistance in relation to care and support services
70Studies as to economy, efficiency etc.
Engagement with the public etc.
71Engagement with the public and social care workers
Policy with respect to bringing criminal proceedings
72Statement of policy with respect to bringing criminal proceedings
Rules made by SCW under this Act
73Rules: general
74Rules: fees
Consultation before making rules etc.
75Consultation before making rules etc.
Guidance and directions
76Guidance
77Directions
Default powers of the Welsh Ministers
78Default powers of the Welsh Ministers
PART 4SOCIAL CARE WORKERS
Meaning of “social care worker” etc.
79Meaning of “social care worker” etc.
The register
80The register
81Duty to appoint a registrar
Registration in the social worker part or an added part of the register
82Application for registration
83Registration
83ATemporary registration in emergencies involving loss of human life or human illness etc
“Appropriately qualified”
84“Appropriately qualified”
85Qualifications gained outside Wales – social workers
85A Qualifications gained outside Wales – social care managers
Renewal of registration in the social worker part or an added part of the register
86Renewal of registration
87Lapse of registration
Dealing with applications for registration or renewal
88Rules about applications for registration or renewal
89Notice of decisions in respect of registration or renewal
Visiting social workers
90Visiting social workers from relevant European States
90A Visiting social care managers from relevant European States
Information to be contained on the register
91Content of the register
Removal of entries from the register
92Removal by agreement
93Death of a registered person
94Entries based on false or misleading information
Restoring an entry to the register
95Duty to restore a register entry
96Power to restore a register entry
97Restoration following fitness to practise proceedings
98Restoration proceedings
99Review of suspension of right to apply for restoration
100Rules about applications under section 96 and 97
Appeals to a registration appeals panel
101Appeals against decisions of the registrar
102Appeals to the registration appeals panel: procedure
103Decisions on appeal to the registration appeals panel
Appeals to the tribunal
104Appeals against decisions of a registration appeals panel
105Other appeals: decisions made under the General Systems Regulations
Notifying the registrar of changes to information etc.
106Duty to notify the registrar of changes to registration information
107Requests for information relating to fitness to practise
Duty to publish the register etc.
108Publication etc. of the register
109Publication of certain registration appeal panel decisions
110List of persons removed from the register
Protection of title “social worker” etc.
111Use of title “social worker” etc.
PART 5SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION ETC.
112Codes of practice
113Continuing professional development
114Approval of courses etc.
115Inspections in connection with certain courses
116Other functions of SCW in respect of education and training
PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE
CHAPTER 1GROUNDS OF IMPAIRMENT
117Fitness to practise
CHAPTER 2PRELIMINARY PROCEDURES
Preliminary consideration of allegations etc.
118Referral of allegations etc. of impaired fitness to practise
119Preliminary consideration
120Eligibility for onward referral
121Direct referral to a fitness to practise panel
122Notice: ineligibility for onward referral
123Notice: onward referral
124Notice: referral to an interim orders panel
Investigation
125Duty to investigate
126Powers following an investigation
127Notice: referral or disposal
128Warnings
129Undertakings
130Mediation
Review
131Review of decisions by SCW
132Cancellation of referral to fitness to practise panel
133Referral by SCW for review proceedings
CHAPTER 3DISPOSAL OF FITNESS TO PRACTISE CASES
134Scope and interpretation of Chapter 3
135Removal from register on consensual basis
136Other consensual disposal by fitness to practise panel: undertakings
137Disposals by fitness to practise panel: finding of no impairment
138Disposals by fitness to practise panel: finding of impairment
139Disposals: further provision about conditional registration and suspension orders
140Immediate orders for conditional registration or suspension
141Fitness to practise decisions: notification and taking effect
142Regulations about disposals by fitness to practise panels
CHAPTER 4INTERIM ORDERS AND REVIEW OF INTERIM ORDERS
143Scope and interpretation of Chapter 4
144Interim orders
145Appeals against interim orders
146Reviews of interim orders: timing
147Reviews of interim order: possible decisions
148Extension of interim order by the tribunal
149Revocation of interim orders
CHAPTER 5REVIEW PROCEEDINGS
150Review proceedings: interpretation and general
151Review proceedings
152Review of undertakings: disposals by fitness to practise panel
153Review of conditional registration orders: disposals by fitness to practise panel
154Review of suspension orders: disposals by fitness to practise panel
155Review of indefinite suspension orders
156Reviews: further provision about conditional registration and suspension orders
157Decisions in review cases: notification and taking effect
CHAPTER 6APPEALS AND REFERRALS TO THE TRIBUNAL
158Appeals against decisions of a fitness to practise panel
CHAPTER 7GENERAL AND SUPPLEMENTARY
159Disclosure of information about fitness to practise
160Power to require information
161Publication of fitness to practise decisions
162Guidance about fitness to practise
163Suspension: supplementary
164Meaning of “registered person” in Part 6
PART 7ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS
165Designation of regulated activity
166Conditions for making a prohibition order
167Interim prohibition orders
168Prohibition orders: supplementary provision
169Interim prohibition orders: review
170Appeals
171Offences
Supplementary provision
172List of prohibited persons
173Standards of conduct
PART 8SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.
174Duty to establish panels etc.
175Proceedings before panels
PART 9CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.
176The regulatory bodies
177Relevant authorities
178Co-operation in the exercise of functions
179Joint exercise of functions
180Delegating functions to another regulatory body
181Sharing information
182Sharing information to protect well-being
PART 10MISCELLANEOUS AND GENERAL
183Inquiries
184Service of documents etc.
PART 11FINAL PROVISIONS
185Minor and consequential amendments
186Power to make consequential etc. provision
187 Regulations under this Act
188Coming into force
189General interpretation
190Short title
SCHEDULE 1REGULATED SERVICES: DEFINITIONS
Care home services
1(1) A “care home service” is the provision of accommodation,...
Secure accommodation services
2A “secure accommodation service” is the provision of accommodation for...
Residential family centre services
3(1) A “residential family centre service” is the provision of...
Adoption services
4An “adoption service” is a service provided in Wales by—...
Fostering services
5A “fostering service” means any service provided in Wales by...
Adult placement services
6(1) An “adult placement service” means a service carried on...
Advocacy services
7(1) An “advocacy service” is a service specified for the...
Domiciliary support services
8(1) A “domiciliary support service” is the provision of care...
Interpretation
9In this Schedule— “hospital” (“ysbyty”) means— a health service hospital...
SCHEDULE 2SOCIAL CARE WALES
PART 1STATUS
Status
1(1) SCW is not to be regarded as a servant...
PART 2MEMBERSHIP
Members
2(1) SCW is to consist of— (a) a member to...
Remuneration etc. of members
3(1) SCW may pay to its members such remuneration, expenses...
Term of office
4A person appointed as a member of SCW holds office...
Resignation
5(1) The chairing member may resign by giving written notice...
Dismissal
6(1) The Welsh Ministers may by written notice dismiss the...
PART 3GENERAL POWERS
Committees
7(1) SCW may establish committees. (2) Committees established under sub-paragraph...
Delegation
8(1) SCW may arrange for any of its functions to...
Supplementary powers
9SCW may do anything which is calculated to facilitate, or...
PART 4PROCEEDINGS ETC.
Procedure
10(1) SCW is to regulate its own procedure (including quorum);...
Application of seal
11(1) SCW may have a seal. (2) The application of...
Evidence
12A document purporting to be duly executed under the seal...
PART 5CHIEF EXECUTIVE AND OTHER STAFF
Chief executive and other staff
13(1) SCW must appoint a chief executive.
PART 6FINANCIAL MATTERS AND ANNUAL REPORTS ETC.
Payments by the Welsh Ministers
14The Welsh Ministers may make payments to SCW of such...
Accounting officer
15(1) The chief executive is to act as SCW's accounting...
Accounts and audit
16(1) SCW must for each financial year—
Annual reports etc.
17(1) No later than 30 November after the end of...
SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS
PART 1REGULATION OF SERVICES
Care Standards Act 2000
1The Care Standards Act 2000 (c.14) is amended as follows....
2In section 1— (a) in subsection (1), at the end...
3In section 3— (a) in subsection (1), after “establishment” insert...
4In section 4— (a) in subsection (2), after “establishment” insert...
5In section 5— (a) in subsection (1)(b), for “in any...
6In section 8(6)— (a) in paragraph (a), for “section 5(b)”...
7In section 14(2), after paragraph (f) insert—
8In section 22— (a) in subsection (1), for paragraph (b)...
9In section 22B— (a) in subsection (1), for “registration authority”...
10In section 23, after subsection (1) insert—
11In section 30A— (a) in subsection (1), after “agency” insert...
12Section 36A is repealed.
13In section 42— (a) for subsection (2) substitute—
14In section 43, after subsection (1) insert—
15In section 50(1), for “registration authority” substitute “ CIECSS ”....
16Section 79(3) is repealed.
Health and Social Care (Community Health and Standards) Act 2003
17The Health and Social Care (Community Health and Standards) Act...
18Chapter 6 of Part 2 (social services: functions of the...
19In section 142, in paragraph (a)— (a) in sub-paragraph (i),...
20In section 143(2), paragraph (b) is repealed.
Public Audit (Wales) Act 2004
21The Public Audit (Wales) Act 2004 (c.23) is amended as...
22In section 41(6) (co-operation between the Auditor General for Wales...
23In section 42(4) (co-operation between the Auditor General for Wales...
Children Act 2004
24In section 30 of the Children Act 2004 (c.31) (inspection...
Public Services Ombudsman (Wales) Act 2005
25The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended...
26In section 34R (meaning of “care home” and “care home...
27In section 42(4A) (meaning of “former care home provider”), for...
Safeguarding Vulnerable Groups Act 2006
28In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable...
Social Services and Well-being (Wales) Act 2014
29The 2014 Act is amended as follows.
30In section 1 (overview)— (a) in subsection (9)—
31Section 183 (publicising advocacy services in care homes) is repealed....
32In section 188(1) (definitions for the purposes of sections 185...
33In section 189 (provider failure: temporary duty on local authority)—...
34In section 190(1) (provider failure: exception to temporary duty), for...
35In section 191 (provider failure: supplementary)— (a) in subsection (6),...
36In section 197(1) (definitions)— (a) in the definition of “care...
PART 2SOCIAL CARE WALES
Mental Health Act 1983
37The Mental Health Act 1983 (c.20) is amended as follows....
38In section 114A (approval of courses for mental health professionals:...
39In section 130H(7)(b) (independent mental health advocates for Wales: supplementary...
Care Standards Act 2000
40The Care Standards Act 2000 (c.14) is amended as follows....
41The following provisions are repealed— (a) sections 56 (the register)...
42In section 55 (interpretation)— (a) for subsections (2), (3) and...
43In section 67 (functions of the appropriate Minister)—
44In Schedule 2A (persons subject to review by the Children's...
Adoption and Children Act 2002
45The Adoption and Children Act 2002 (c.38) is amended as...
46In section 10(2) (management etc. of agencies), for “section 56(1)...
Public Audit (Wales) Act 2004
47The Public Audit (Wales) Act 2004 (c.23) is amended as...
48In section 41 (studies for improving economy etc. in services),...
Public Services Ombudsman (Wales) Act 2005
49The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended...
50In Schedule 3 (listed authorities), for “The Care Council for...
Commissioner for Older People (Wales) Act 2006
51The Commissioner for Older People (Wales) Act 2006 (c.30) is...
52In Schedule 2 (persons whose functions are subject to review...
Safeguarding Vulnerable Groups Act 2006
53The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as...
54In section 41 (registers: power to refer information to the...
55In Part 3 of Schedule 3 (barred lists: supplementary provision)—...
56In Part 2 of Schedule 4 (regulated activity in relation...
Health and Social Care Act 2008
57The Health and Social Care Act 2008 (c.14) is amended...
58The following provisions are repealed— (a) section 124 (regulation of...
PART 3MISCELLANEOUS
Public Services Ombudsman (Wales) Act 2005
59In section 33 of the Public Services Ombudsman (Wales) Act...
Social Services and Well-being (Wales) Act 2014
60The 2014 Act is amended as follows.
61In the Welsh text of section 21(3)(b) (duty to assess...
62In section 42 (duty to meet support needs of a...
63In the Welsh text of section 46(3) (exception for persons...
64In the Welsh text of section 147(3) (departure from requirements...
65In section 197(1) (general interpretation), in the definition of “voluntary...

Regulation and Inspection of Social Care (Wales) Act 2016

2016 anaw 2

C1An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes.

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

Annotations:
Modifications etc. (not altering text)