Regulation and Inspection of Social Care (Wales) Act 2016

187 Regulations under this Act

(1) A power to make regulations under this Act—

(a) is exercisable by statutory instrument;

(b) includes power to make different provision for different purposes, for different cases and for different areas.

(2) A statutory instrument containing regulations made under any of the following provisions of this Act may not be made unless a draft of the instrument containing the regulations has been laid before and approved by resolution of the National Assembly for Wales—

(a) section 2(1)(i) (regulations specifying other care and support services as regulated services);

(b) section 2(3) (regulations prescribing things not to be treated as regulated services);

(c) section 3(3) (regulations prescribing things not to be treated as care and support);

(d) section 9(9) (regulations varying the evidence to be taken into account when determining whether a person is fit and proper);

(e) section 11(2) (regulations prescribing a time limit within which an application to designate a replacement responsible individual must be made);

(f) section 27(1) (regulations imposing requirements on service providers);

(g) section 28(1) (regulations imposing requirements on responsible individuals);

(h) section 37(1) (regulations about inspection ratings);

(i) section 40(1) (regulations about charging fees);

(j) section 45 (regulations creating offences for failure to comply with requirements imposed on service providers);

(k) section 46 (regulations creating offences for failure to comply with requirements imposed on responsible individuals);

(l) sections 59(1) and (4) and 61(6) and (9) (regulations about the market oversight regime);

(m) section 79(2) (regulations prescribing descriptions of persons to be treated as social care workers);

(n) section 80(1)(b) (regulations prescribing descriptions of social care worker in respect of whom SCW must keep a register);

(o) section 111(2) (regulations prescribing protected titles for social care workers other than social workers);

(p) section 117 (amending the grounds on which a registered person’s fitness to practise may be regarded as impaired);

(q) section 130 (arrangements for mediation);

(r) section 136(2)(d) (persons to whom undertakings may be disclosed by SCW);

(s) section 142 (amending the ways in which a fitness to practise panel may dispose of matters);

(t) section 165 (designation of regulated activities etc. for the purposes of prohibition orders under Part 7);

(u) section 171(3) (creation of offences in relation to employment or appointment of persons subject to prohibition orders etc.);

(v) section 177(1)(h) (regulations prescribing other persons as relevant authorities for the purposes of Part 9);

(w) paragraph 7 of Schedule 1 (regulations specifying certain services as regulated advocacy services).

(3) Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) This section does not apply to regulations made under section 186.