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The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

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PART 16Offences

Offences – service providers

54.—(1) It is an offence for a service provider to fail to comply with a requirement of any of the provisions specified in paragraph (2)(1).

(2) The provisions specified for the purposes of paragraph (1) are the provisions of regulations—

(a)5(3) (requirements in relation to statement of purpose);

(b)5(5) (requirements in relation to statement of purpose);

(c)9(3) (requirements in relation to financial sustainability of the service);

(d)10(1) (requirements to provide the service in accordance with policies and procedures);

(e)13(1) (information about the service);

(f)13(2) (information about the service);

(g)13(3) (information about the service);

(h)14(1) (service agreement);

(i)23(1) (fitness of staff);

(j)26(1) (information for staff);

(k)30(1) (records);

(l)30(2) (records);

(m)31(1) (notifications);

(n)31(2) (notifications);

(o)31(3) (notifications);

(p)31(5) (notifications).

(3) A service provider commits an offence if the provider fails to comply with a requirement of any of the provisions specified in paragraph (4) and such failure results in—

(a)avoidable harm (whether of a physical or psychological nature) to an individual,

(b)an individual being exposed to a significant risk of such harm occurring, or

(c)in a case of theft, misuse or misappropriation of money or property, any loss by an individual of the money or property concerned.

(4) The provisions specified for the purposes of paragraph (3) are the provisions of regulations—

(a)4 (requirements in relation to the provision of the service);

(b)5(1) (requirements in relation to the statement of purpose);

(c)10(4) (requirements to provide the service in accordance with policies and procedures);

(d)12(1) (requirement to ensure suitability of the service);

(e)12(3) (requirement to ensure suitability of the service);

(f)15(1) (standards of support – overarching requirements);

(g)19 (safeguarding – overarching requirement);

(h)22 (staffing – overarching requirements).

Offences – responsible individuals

55.—(1) It is an offence for the responsible individual to fail to comply with a requirement of any of the provisions specified in paragraph (2)(2).

(2) The provisions specified for the purposes of paragraph (1) are the provisions of regulations—

(a)36(1) (duty to appoint a manager);

(b)37(1) (fitness requirements for appointment of manager);

(c)40(1) (duty to report the appointment of manager to SCW and the service regulator);

(d)40(2) (duty to report the appointment of manager to SCW and the service regulator);

(e)42(1) (visits);

(f)42(2) (visits);

(g)43(1) (oversight of adequacy of resources);

(h)43(2) (oversight of adequacy of resources, frequency of reports);

(i)44(1) (other reports to the service provider);

(j)49(4) (quality of service review);

(k)50(1) (statement of compliance with the requirements as to standards of support);

(l)53(1) (notifications);

(m)53(3) (notifications).

(1)

For penalties upon conviction for an offence under this regulation, see section 51(1) of the Act.

(2)

For penalties upon conviction for an offence under this regulation, see section 51(1) of the Act.

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