The Care Homes (Wales) Regulations 2002

Adult placements

46.—(1) For the purposes of this regulation and regulation 47, a registered provider is an adult placement carer in respect of a care home if—

(a) he or she is the registered provider in respect of, and manages, the care home;

(b) no person other than the registered provider manages the care home;

(c) the care home is, or forms part of—

(i) the registered provider’s home; or

(ii) if the registered provider has more than one home, the home where he or she ordinarily resides;

(d) (i) no more than two service users are accommodated in the care home; or

(ii) no more than three service users are accommodated in the home if every such service user was accommodated under an agreement described in sub-paragraph (e) at any time before 1st April 2002;

(e) a placement agreement has been made in respect of each of the service users;

(f) each service user is over the age of 18.

(2) In this regulation, “placement agreement” means an agreement that—

(a) has been made between—

(i) the registered provider;

(ii) the service user; and

(iii) the local authority or other body which manages a scheme (“adult placement scheme” (“cynllun lleoliadau oedolion”)) under which it has arranged or proposes to arrange for the service user to be accommodated in a care home;

(b) makes provision for the following matters—

(i) the aims of the arrangements under which the service user is accommodated in the care home;

(ii) the room to be occupied by the service user;

(iii) the services to be provided to the service user;

(iv) the fees to be charged;

(v) the qualifications and experience of the registered provider;

(vi) the terms and conditions in respect of the accommodation and services to be provided;

(vii) the services and assistance to be provided under the adult placement scheme under which the accommodation is or has been arranged.