The Social Care Wales (Specification of Social Care Workers) (Registration) (Amendment) Regulations 2018

Title and commencement

1.—(1) The title of these Regulations is the Social Care Wales (Specification of Social Care Workers) (Registration) (Amendment) Regulations 2018.

(2) These Regulations come into force on 2 April 2018.

Interpretation

2.  In these Regulations “the 2016 Regulations” (“Rheoliadau 2016”) means the Social Care Wales (Specification of Social Care Workers) (Registration) Regulations 2016(1).

Amendment to regulation 2 of the 2016 Regulations

3.  In regulation 2 (interpretation) of the 2016 Regulations, insert the following in the appropriate place—

““the 2017 Regulations” (“Rheoliadau 2017”) means the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017(2);”;

““domiciliary support service” (“gwasanaeth cymorth cartref”) has the same meaning as that given in section 2(1)(h) of and paragraph 8 of Schedule 1 to the Act, subject to regulation 3(1) of the 2017 Regulations;”.

Amendment to regulation 3 of the 2016 Regulations

4.  Regulation 3 (specification of social care workers) of the 2016 Regulations is amended as follows—

(a) at the end of paragraph (2)(c), for “.” substitute “;”; and

(b) after paragraph (2)(c) insert—

“(d) who are—

(i) employed (whether as an employee or a worker), or

(ii) engaged under a contract for services,

by a service provider of a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act.

(3) For the purposes of this regulation, the terms “employee” (“cyflogai”), “employment” (“cyflogaeth”)(3) and “worker” (“gweithiwr”) have the same meanings as in section 230(1), (5) and (3) respectively of the Employment Rights Act 1996(4).”

Huw Irranca-Davies

Minister for Children and Social Care, under authority of the Cabinet Secretary for Health and Social Services, one of the Welsh Ministers

15 February 2018