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The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018

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Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008

19.—(1) The Controlled Drugs (Supervision of Management and Use (Wales) Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “Welsh care home” (“cartref gofal yng Nghymru”), for “a body” to the end substitute “a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over”.

(3) In regulation 23(f) (relevant persons), for sub-paragraph (i) substitute—

(i)a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of that Part) which is provided wholly or mainly to persons aged 18 or over, or a person who is registered with Social Care Wales as the manager(2) of such a care home service (referred to in this paragraph as “a registered person”), or.

(1)

S.I. 2008/3239 (W. 286), to which there are amendments not relevant to these Regulations.

(2)

The responsible individual of a regulated service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) is required to appoint a person to manage the regulated service, in this case a care home service provided wholly or mainly for persons aged 18 or over (see Part 1 of the 2016 Act). This requirement is set out in regulation 67 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 (duty to appoint a manager) and a manager in appointed in accordance with this provision is required to be registered with Social Care Wales (see regulation 35(2)(e) of those Regulations (fitness of staff)). Social Care Wales (Gofal Cymdeithasol Cymru) has the meaning given by section 67 of the 2016 Act.

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