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

Child Minding and Day Care (Disqualification) (Wales) Regulations 2010

22.—(1) The Child Minding and Day Care (Disqualification) (Wales) Regulations 2010(1) are amended as follows.

(2) In Schedule 1 (orders etc relating to the care of children), after paragraph 16 insert—

“16A.   In relation to the registration of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) which is provided wholly or mainly to persons under the age of 18—

(a) a refusal of P’s application for registration under section 7 of the 2016 Act;

(b) a refusal under section 12 of the 2016 Act of P’s application to vary P’s registration (made in accordance with section 11(1)(a)(i) or (ii) of the 2016 Act);

(c) a cancellation of P’s registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d) a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 in relation to a care home service provided wholly or mainly to persons under the age of 18 in which P has been concerned in the management, or in which P had any financial interest;

(e) a variation of P’s registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act; or

(f) a refusal of P’s application for registration or cancellation of P’s registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”.

(3) In Schedule 3 (specified offences), in paragraph 1 (offences in England and Wales), after sub-paragraph (4) insert—

“(5) An offence in relation to a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (the 2016 Act)) provided wholly or mainly to persons under the age of 18 under or by virtue of any of the following provisions of the 2016 Act—

(a) section 5 (requirement to register);

(b) section 43 (failure to comply with a condition);

(c) section 44 (false descriptions);

(d) section 45 (failure by service provider to comply with requirements in regulations); or

(e) section 47 (false statements).”.

(1)

S.I. 2010/1703 (W. 163), to which there are amendments not relevant to these Regulations.