Regulation and Inspection of Social Care (Wales) Act 2016 Explanatory Notes

1. Introduction

2. Policy Background

3. General Overview of the Act

4. Commentary on Sections

   1. Part 1 – Regulation of Social Care Services

      1. Chapter 1 - Introduction

         1. Section 2 - Meaning of “regulated service”

         2. Schedule 1 - Regulated services: definitions

         3. Section 3 - Other key terms

      2. Chapter 2 – Registration etc. of service providers

         1. Section 5 - Requirement to register

         2. Section 6 -Application for registration as a service provider

         3. Section 7 - Grant or refusal of registration as a service provider

         4. Section 8 - Duration of domiciliary support visits

         5. Section 9 - Fit and proper person: relevant considerations

         6. Section 10 - Annual return

         7. Section 11 - Application for variation of registration as a service provider

         8. Section 12 - Grant or refusal for application for variation

         9. Section 13 - Variation without application

         10. Section 14 - Applications for cancellation of registration as a service provider

         11. Section 15 - Cancellation without application

         12. Section 16 - Improvement notices and Section 17 - notice of decision following improvement notice

         13. Section 18 - Notice of proposal and Section 19 - notice of decision following notice of proposal

         14. Section 21 - Responsible individuals and Section 22 - cancellation of designation of a responsible individual

         15. Section 23 - Urgent cancellation or variation of services or places

         16. Section 25 - Urgent variation of registration: other conditions

         17. Section 26 - Appeals

         18. Section 27 - Regulations about regulated services, Section 28 -, regulations about responsible individuals and Section 29 - guidance about regulations under sections 27 and 28

      3. Chapter 3: Sections 32-37 - Information and inspections

      4. Chapter 4: Sections 38-42 - General functions

      5. Chapter 5: Sections 43-55 – Offences and penalties

      6. Chapter 6: Sections 56-58 – Local authority social services

         1. Section 56 - Reports by local authorities and general duty of the Welsh Ministers and Section 57 - reviews, investigations and inspections

         2. Section 58 - Regulation of local authority functions relating to looked after and accommodated children

      7. Chapter 7: Sections 59-63 – Market oversight

   2. Part 3 - Social Care Wales

      1. Sections 67-78

   3. Part 4 – Social Care Workers

      1. Section 79 - Meaning of “social care worker” etc.

      2. Sections 80 – 91 - The register, Registration in the social worker part or an added part of the register, “Appropriately qualified,” Dealing with applications for registration or renewal, Visiting social workers and Information to be contained on the register

         1. Applications for registration - sections 82 - 85

         2. Condition 1: appropriately qualified

            1. Social workers

            2. Social Care workers

         3. Condition 2: “fit to practise”

         4. Condition 3: intention to practise

         5. Granting or refusing applications

      3. Sections 92 – 94 - Removal of entries from the register

      4. Sections 95 – 100 - Restoring an entry to the register

      5. Sections 101 – 105 - Appeals to a registration appeals panel and appeals to the tribunal

      6. Sections 106 – 111 - Notifying the registrar of changes to information etc., duty to publish the register etc. and protection of title “social worker” etc.

   4. Part 5 – Social Care Workers: Standards of Conduct, Education Etc.

      1. Section 112 - Codes of practice

      2. Section 113 - Continuing professional development

      3. Section 114 - Approval of courses etc.

      4. Section 115 - Inspection in connection with certain courses

      5. Section 116 - Other functions of Social Care Wales in respect of education and training

   5. Part 6 –Social Care Workers: Fitness to Practise

      1. Chapter 1 – Grounds of impairment

         1. Section 117 - Fitness to practise

      2. Chapter 2 - Preliminary procedures

         1. Sections 118 – 124 - Preliminary consideration of allegations etc.

         2. Sections 125 – 130 – Investigation

         3. Sections 131 – 133 - Review

      3. Chapter 3: Sections 134 – 142 - Disposal of fitness to practise cases

      4. Chapter 4: Sections 143 – 149 – Interim orders and review of interim orders

      5. Chapter 5: Sections 150 – 157 – Review proceedings

      6. Chapter 6: Appeals and referrals to the tribunal

         1. Section 158 - Appeals against decisions of a fitness to practise panel

      7. Chapter 7: Sections 159 – 164 - General and supplementary

   6. Part 7 – Orders Prohibiting Work in Social Care: Unregistered Persons

      1. Sections 165-173 - Orders prohibiting work in social care: unregistered persons

   7. Part 8 – Social Care Wales: Duty to Establish Panels Etc.

   8. Part 9 – Co-Operation and Joint Working by the Regulatory Bodies Etc.

5. Record of Proceedings in National Assembly for Wales