Regulation and Inspection of Social Care (Wales) Act 2016

Application for, variation of and cancellation of registration U.K.

6 Application for registration as a service provider E+W

(1) A person who wants to provide a regulated service must make an application for registration to the Welsh Ministers—

(a) specifying the regulated service that the person wants to provide,

(b) specifying the places at, from or in relation to which the service is to be provided,

(c) designating an individual as the responsible individual in respect of each place and stating each such individual's name and address (section 21 sets out who may be designated as a responsible individual), and

(d) including such other information as may be prescribed.

[F1 (1A) In the case of a person, other than a local authority, who wants to provide a restricted children’s service, the application must also include such information as may be prescribed to satisfy the Welsh Ministers that the person meets the requirement in section 6A(1).]

(2) An application must be in the prescribed form.

(3) A person who wants to be registered as a service provider in respect of two or more regulated services may make a single application in respect of them.

Textual Amendments

F1 S. 6(1A) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 3(2), 29(2); S.I. 2025/1257, art. 2(1)(a)

Commencement Information

I1 S. 6 in force at 1.2.2018 for specified purposes by S.I. 2017/1326, art. 2(1)(2) (with arts. 3-15)

I2 S. 6 in force at 29.4.2019 for specified purposes by S.I. 2019/864, art. 2(1)(2)

I3 S. 6 in force at 23.2.2021 for specified purposes by S.I. 2021/181, art. 2(b)

[F2 6A Registration in respect of a restricted children’s service E+W

(1) To be registered in respect of a restricted children’s service, a person who is not a local authority must be a not-for-profit entity.

(2) For the purposes of this Part, a “not-for-profit entity” is a person that meets conditions 1 and 2 in subsections (3) and (4).

(3) Condition 1 is that the person’s objects or purposes primarily relate to—

(a) the welfare of children, or

(b) such other public good as the Welsh Ministers may prescribe.

(4) Condition 2 is that the person is one of the following types of undertaking (as defined in section 6B)—

(a) a charitable company limited by guarantee without a share capital,

(b) a charitable incorporated organisation,

(c) a charitable registered society, or

(d) a community interest company limited by guarantee without a share capital.

Textual Amendments

F2 Ss. 6A, 6B inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 3(3), 29(2); S.I. 2025/1257, art. 2(2)(a) (with art. 5)

6B Registration in respect of a restricted children’s service: definitions E+W

(1) The following definitions apply for the purposes of section 6A(4).

(2) A “charitable company limited by guarantee without a share capital” is a company—

(a) that is registered under the Companies Act 2006 (c. 46) in Wales, England, Scotland or Northern Ireland,

(b) whose liability is limited by guarantee and that does not have a share capital, and

(c) that is a charity registered under one or more of—

(i) the Charities Act 2011 (c. 25);

(ii) the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(iii) the Charities Act (Northern Ireland) 2008 (c. 12).

(3) A “charitable incorporated organisation” is an organisation registered under—

(a) section 209, 232 or 238 of the Charities Act 2011 or regulations made under section 234 of that Act,

(b) section 55, 58 or 60 of the Charities and Trustee Investment (Scotland) Act 2005, or

(c) section 111, 114 or 117 of the Charities Act (Northern Ireland) 2008 or regulations made under section 115 of that Act.

(4) A “charitable registered society” is—

(a) a society that is—

(i) a “registered society” within the meaning of section 1(1) of the Co-operative and Community Benefit Societies Act 2014 (c. 14), and

(ii) a charity within the meaning of section 1(1) of the Charities Act 2011,

(b) a society that is—

(i) a “registered society” within the meaning of section 1(1) of the Co-operative and Community Benefit Societies Act 2014, and

(ii) a charity registered under the Charities and Trustee Investment (Scotland) Act 2005, or

(c) a society that is—

(i) a “registered society” within the meaning of section 1A(1) of the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24), and

(ii) a charity registered under the Charities Act (Northern Ireland) 2008.

(5) A “community interest company limited by guarantee without a share capital” is a company—

(a) that is registered under the Companies Act 2006 in Wales, England, Scotland or Northern Ireland,

(b) whose liability is limited by guarantee and that does not have a share capital, and

(c) that is a community interest company under Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27).

(6) In subsections (2) and (5)—

(a) references to a company’s liability being “limited by guarantee” have the meaning given by section 3(3) of the Companies Act 2006, and

(b) a company does not have a share capital if it does not have power under its constitution to issue shares‍.]

Textual Amendments

F2 Ss. 6A, 6B inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 3(3), 29(2); S.I. 2025/1257, art. 2(2)(a) (with art. 5)

[F3 6C Registration in respect of a restricted children’s service: transitional arrangements E+W

Schedule 1A makes provision for transitional arrangements in respect of service providers registered prior to the coming into force of section 6A(1).]

Textual Amendments

F3 S. 6C inserted (1.1.2026 for specified purposes, 1.4.2026 in so far as not already in force) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 4(2), 29(2); S.I. 2025/1257, art. 2(1)(b)(ii)(2)(a) (with art. 5)

7 Grant or refusal of registration as a service provider E+W

(1) The Welsh Ministers must grant an application under section 6 if satisfied that—

(a) the application—

(i) contains everything required by or under subsection (1) of that section,

(ii) in the case of an application relating to a domiciliary support service, contains the undertaking mentioned in section 8, and

(iii) meets the requirements prescribed under section 6(2);

[F4 (aa) in the case of an application in respect of a restricted children’s service, the applicant meets the requirement in section 6A(1);]

(b) the applicant is a fit and proper person to be a service provider (see section 9);

(c) each individual to be designated as a responsible individual—

(i) is eligible to be a responsible individual in accordance with section 21(2),

(ii) is a fit and proper person to be a responsible individual (see section 9), and

(iii) will comply with any requirements of regulations under section 28 (so far as applicable);

(d) the requirements of—

(i) any regulations under section 27 (including any requirements as to the standard of care and support that must be provided), and

(ii) any other enactment which appears to the Welsh Ministers to be relevant,

will be complied with (so far as applicable) in relation to the provision of the regulated service.

(2) In any other case the Welsh Ministers must refuse an application.

(3) The grant of an application—

(a) must be subject to a condition specifying—

(i) the places at, from or in relation to which the service provider is to provide a regulated service, and

(ii) the individual designated as the responsible individual for each place, F5 ...

[F6 (aa) must, in the case of an application in respect of a restricted children’s service, be subject to a condition that the service provider notify the Welsh Ministers of any circumstances under which the provider no longer meets the requirement in section 6A(1), and]

(b) may be subject to such further conditions as the Welsh Ministers think appropriate.

(4) Where a person has made a single application in respect of two or more regulated services the Welsh Ministers may separately grant or refuse the application in respect of each service.

(5) But the grant of an application takes effect only if the requirements of sections 18 to 20 are met (so far as applicable).

Textual Amendments

F4 S. 7(1)(aa) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 5(2), 29(2); S.I. 2025/1257, art. 2(2)(a)

F5 Word in s. 7(3)(a) omitted (1.4.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 5(3)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)

F6 S. 7(3)(aa) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 5(3)(b), 29(2); S.I. 2025/1257, art. 2(2)(a)

Modifications etc. (not altering text)

C1 S. 7(1)(2) modified (temp.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864), art. 8

Commencement Information

I4 S. 7 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d) (with art. 9)

8 Duration of domiciliary support visits E+W

(1) The undertaking mentioned in section 7(1)(a)(ii) and 11(3)(a)(ii) is that a domiciliary support service will not be provided by way of a visit which is shorter than 30 minutes unless either condition A, B or C is met.

(2) Condition A applies where—

(a) a local authority is required—

(i) by virtue of section 35 or 37 of the 2014 Act, to meet the needs of the person being visited, or

(ii) by virtue of section 40 or 42 of that Act, to meet the needs of that person's carer, and

(b) the authority meets those needs by providing or arranging the provision of a domiciliary support service to the person being visited.

(3) Condition A is that—

(a) the individual carrying out the visit has previously carried out a visit during the period for which the local authority maintains—

(i) a care and support plan under section 54(1) of the 2014 Act in respect of the person being visited, or

(ii) a support plan under that section in respect of the person's carer, and

(b) either—

(i) the visit is conducted for the sole purpose of checking whether the person is safe and well, or

(ii) the tasks to be performed during the visit can reasonably be, and are, completed to a standard which satisfies any requirements specified in regulations made under section 27 that are relevant to the visit.

(4) Condition B applies where a domiciliary support service is provided in circumstances where Condition A does not apply.

(5) Condition B is that—

(a) a visit of less than 30 minutes is consistent with the terms of any arrangement to provide the service made between the service provider and the person being visited (or another person acting on behalf of the person being visited),

(b) the visit is conducted for the sole purpose of checking whether the person is safe and well, or

(c) the tasks to be performed during the visit can reasonably be, and are, completed to a standard which satisfies any requirements specified in regulations made under section 27 that are relevant to the visit.

(6) Condition C applies in any case where a domiciliary support service is provided by way of a visit to a person.

(7) Condition C is that the visit is curtailed at the request of the person being visited.

Commencement Information

I5 S. 8 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

9 Fit and proper person: relevant considerations E+W

(1) This section applies to any decision of the Welsh Ministers as to whether—

(a) a service provider,

(b) a person applying to be a service provider,

(c) a responsible individual, or

(d) a person to be designated as a responsible individual,

is a fit and proper person to be a service provider or, as the case may be, a responsible individual.

(2) In making such a decision the Welsh Ministers must have regard to all matters they think appropriate.

(3) In particular, the Welsh Ministers must have regard to any evidence falling within subsections (4) to (8).

(4) Evidence falls within this subsection if it shows that the person has—

(a) committed—

(i) any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements),

(ii) an offence under this Act or regulations made under it,

(iii) an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it, or

(iv) any other offence which the Welsh Ministers think is relevant, or

(b) practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010 (c.15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business.

(5) Evidence is within this subsection if—

(a) it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (4) [F7 or (6)], and

(b) it appears to the Welsh Ministers that the evidence is relevant to the question as to whether the person is a fit and proper person to be a service provider or, as the case may be, a responsible individual.

(6) Evidence is within this subsection if it shows that the person has been responsible for, contributed to or facilitated misconduct or mismanagement in the provision—

(a) of a regulated service or a service provided outside Wales which, if provided in Wales, would be a regulated service;

(b) of a service which would have fallen within paragraph (a) had the regulatory system established by this Part been operating at the time the service was being provided.

(7) When having regard to evidence within subsection (6), the Welsh Ministers must, among other things, take account of—

(a) the seriousness and duration of the misconduct or mismanagement;

(b) harm caused to any person, or any evidence of an intent to cause harm;

(c) any financial gain made by the person;

(d) any action taken by the person to remedy the misconduct or mismanagement.

[F8 (e) where the person is a service provider that—

(i) is registered in respect of a restricted children’s service, and

(ii) is subject to the requirement in section 6A(1),

whether it appears to the Welsh Ministers that the provider has entered into a financial arrangement that falls within section 9A.]

(8) Evidence is within this subsection if it shows that the person has previously failed to comply with—

(a) an undertaking given under section 7(1)(a)(ii) or 11(3)(a)(ii),

(b) a condition imposed under this Part, or

(c) a requirement imposed by regulations under section 27(1) or 28(1).

(9) The Welsh Ministers may by regulations amend this section to vary the evidence to which they must have regard.

Textual Amendments

F7 Words in s. 9(5)(a) inserted (1.4.2020) by The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/389), regs. 1(2), 3

F8 S. 9(7)(e) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 6(2), 29(2); S.I. 2025/1257, art. 2(2)(a)

Commencement Information

I6 S. 9 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

[F9 9A Fit and proper person test: financial arrangements relating to restricted children’s services E+W

(1) For the purposes of the fit and proper person test in section 9, a financial arrangement falls within this section if it is an arrangement with or for the benefit of a relevant person that—

(a) is unreasonable or disproportionate in all of the circumstances, and

(b) (in consequence) may undermine the service provider’s pursuit of its objects or purposes (as‍ to which, see section 6A(3)).

(2) When determining whether such a financial arrangement has been entered into, regard must be had to—

(a) the size or value of the arrangement and its purpose (including the extent to which it relates to the provision of the restricted children’s service);

(b) the size or value of the arrangement relative to the amount of income the service provider receives from providing the restricted children’s service;

(c) the proportion of the service provider’s total income that comes from providing the restricted children’s service;

(d) the well-being of children who receive care and support (in the provision of the restricted children’s service).

(3) For the purposes of section 9(7)(e) and this section—

(a) “entering into a financial arrangement” includes but is not limited to making a payment or awarding any benefit (direct or indirect) that has monetary value (and references to a financial arrangement are to be read as including a series of arrangements);

(b) “relevant person” means any of the following—

(i) an employee, worker or officer of the service provider;

(ii) a person connected to an employee, worker or officer of the service provider;

(iii) where the service provider is part of a group of persons under common ownership or common control, any person within that group.

Textual Amendments

F9 Ss. 9A, 9B inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 6(3), 29(2); S.I. 2025/1257, art. 2(2)(a)

9B Financial arrangements relating to restricted children’s services: supplementary provision E+W

(1) In section 9A(3)(b)—

(a) “employee” and “worker” have the meanings given by section 230 of the Employment Rights Act 1996 (c. 18);

(b) an “officer” means—

(i) any director, manager, secretary or other similar officer of the service provider (and, in relation to a service provider whose affairs are managed by its members, “director” means a member of the service provider);

(ii) any other person having the general control and management of the service provider,

and, where the service provider is a charity, this includes any charity trustee within the meaning of the Charities Acts.

(2) For the purposes of section 9A(3)(b), the following are connected to an employee, worker or officer of the service provider—

(a) their child, parent, grandchild, grandparent, brother or sister;

(b) their spouse or civil partner;

(c) a person carrying on business in partnership with them or with any person falling within paragraph (a) or (b);

(d) an institution which is controlled—

(i) by them or by any person falling within paragraph (a), (b) or (c), or

(ii) by two or more persons falling within sub-paragraph (i), when taken together;

(e) a body corporate in which—

(i) the person or any connected person falling within any of paragraphs (a) to (c) has a substantial interest, or

(ii) two or more persons falling within sub-paragraph (i), when taken together, have a substantial interest.

(3) In subsection (2)—

(a) “child” includes a stepchild;

(b) where two people are not married to, or civil partners of, each other but live together as if they were a married couple or civil partners, each of them is to be treated as the spouse or civil partner of the other;

(c) “institution” has the meaning given by section 9(3) of the Charities Act 2011 and a person controls an institution if the person is able, directly or indirectly, to secure that the affairs of the institution are conducted in accordance with the person’s wishes;

(d) references to having a “substantial interest in a body corporate” have the meaning given by section 352 of the Charities Act 2011.

(4) For the purposes of section 9A(3)(b)(iii), a group of persons is to be treated as being under common control if the group—

(a) is a group of interconnected bodies corporate,

(b) consists of bodies corporate of which one and the same person or group of persons has control, or

(c) consists of one or more bodies corporate and a person who, or a group of persons which, has control of that or those bodies corporate.

(5) In subsection (4), a “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of which are interconnected with each other.

(6) For the purposes of subsection (5), any two bodies corporate are interconnected if—

(a) one of them is a body corporate of which the other is a subsidiary, or

(b) both of them are subsidiaries of one and the same body corporate (and “interconnected bodies corporate” is to be construed accordingly).

(7) For the purposes of subsection (4)(b) and (c), a person or group of persons controls a body corporate if the person or group of persons is able, directly or indirectly, to secure that the affairs of the body corporate are conducted in accordance with the wishes of the person or group of persons.

(8) In this section—

• “the Charities Acts” (“y Deddfau Elusennau”) means the Charities Act 2011 (c. 25), the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) and the Charities Act (Northern Ireland) 2008 (c. 12);

• “person” (“person”) includes a body corporate, a partnership and an unincorporated association;

• “subsidiary” (“is-gorff) has the meaning given by section 1159 of the Companies Act 2006 (c. 46).]

Textual Amendments

F9 Ss. 9A, 9B inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 6(3), 29(2); S.I. 2025/1257, art. 2(2)(a)

10 Annual return E+W

(1) A service provider must [F10 , following the end of each financial year during which the provider is registered—

(a) submit an annual return to the Welsh Ministers;

(b) publish that return on its website.]

[F11 (1A) A service provider must make available, on request, a copy of an annual return published on its website.]

(2) An annual return must contain—

(a) the following information—

(i) the regulated services that the service provider is registered to provide;

(ii) the places at, from or in relation to which the provider is registered to provide those services;

(iii) the name of the responsible individual registered in respect of each such place;

(iv) the date on which the provider's registration took effect in respect of each such regulated service and place;

(v) details of any other conditions imposed on the service provider's registration;

(vi) details of the number of persons to whom the provider provided care and support during the year in the course of providing each such service;

(vii) such information about training offered or undertaken in relation to each such service as may be prescribed;

(viii) such information about workforce planning as may be prescribed;

[F12 (viiia) such information about evidence relevant to the fit and proper person test as may be prescribed;]

(ix) such other information as may be prescribed, and

(b) a statement setting out how the service provider has complied with any regulations made under section 27(1) specifying the standard of care and support that must be provided by a service provider (see section 27(2)).

[F13 (2A) In the case of a service provider, other than a local authority, that provides a restricted children’s service, a return must also contain such information as may be prescribed to satisfy the Welsh Ministers that the provider meets the requirement in section 6A(1).

(2B) But subsection (2A) does not apply in respect of a provider to‍ which section 6A does not apply by virtue of paragraph 2(4) of Schedule 1A.]

(3) An annual return must be in the prescribed form.

(4) An annual return must be submitted to the Welsh Ministers within the prescribed time limit.

[F14 (4A) An annual return must be published within the prescribed time limit.

(4B) But if disclosure of information contained in the annual return is prohibited by any enactment or other rule of law, that information must be redacted from the annual return before it is published.]

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Despite section 187(3), a statutory instrument containing—

(a) the first regulations made under subsection (2)(a)(vii),

(b) the first regulations made under subsection (2)(a)(viii), F16 ...

[F17 (ba) the first regulations made under subsection (2)(a)(viiia),]

(c) the first regulations made under subsection (2)(a)(ix), [F18 or]

[F19 (d) the first regulations made under subsection (2A),]

may not be made unless a draft of the instrument has been laid before and approved by a resolution of [F20 Senedd Cymru].

Textual Amendments

F10 Words in s. 10(1) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 14(2)(a), 29(2); S.I. 2025/1257, art. 3(2)(a)

F11 S. 10(1A) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 14(2)(b), 29(2); S.I. 2025/1257, art. 3(2)(a)

F12 S. 10(2)(a)(viiia) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 7(a), 29(2); S.I. 2025/1257, art. 2(1)(c)

F13 S. 10(2A)(2B) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 7(b), 29(2); S.I. 2025/1257, art. 2(1)(c)

F14 S. 10(4A)(4B) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 14(2)(c), 29(2); S.I. 2025/1257, art. 3(1)(a)

F15 S. 10(5) omitted (1.4.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 14(2)(d), 29(2); S.I. 2025/1257, art. 3(2)(a)

F16 Word in s. 10(6)(b) omitted (1.1.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 7(c)(i), 29(2); S.I. 2025/1257, art. 2(1)(c)

F17 S. 10(6)(ba) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 7(c)(ii), 29(2); S.I. 2025/1257, art. 2(1)(c)

F18 Word in s. 10(6)(c) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 7(c)(iii), 29(2); S.I. 2025/1257, art. 2(1)(c)

F19 S. 10(6)(d) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 7(c)(iv), 29(2); S.I. 2025/1257, art. 2(1)(c)

F20 Words in s. 10(6) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(1)(a)(ii), Sch. 1 para. 7(15)(a)

Commencement Information

I7 S. 10 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

11 Application for variation of registration as a service provider E+W

(1) A service provider must apply to the Welsh Ministers for a variation of the provider's registration if—

(a) the provider wants to—

(i) provide a regulated service which the provider is not already registered to provide,

(ii) provide a regulated service at, from or in relation to a place which is not already specified in the provider's registration in relation to that service,

(iii) cease to provide a regulated service, or

(iv) cease to provide a regulated service at, from or in relation to a place;

(b) the provider wants a condition imposed under section 7(3)(b), 12(2) or 13(1) to be varied or removed;

(c) the provider wants to designate a different responsible individual in respect of a place or is required to designate a responsible individual because there is no such individual designated in respect of a place at, from or in relation to which the provider provides a regulated service.

(2) The Welsh Ministers must by regulations prescribe a time limit within which an application for variation of a provider's registration must be made in circumstances where there is no responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service.

(3) An application under subsection (1) must—

(a) contain—

(i) details of the variation sought by the provider,

(ii) in the case of an application under subsection (1)(a)(i) to provide a domiciliary support service, the undertaking set out in section 8, and

(iii) such other information as may be prescribed;

(b) be in the prescribed form.

[F21 (4) In the case of an application under subsection (1)(a)(i) to provide a restricted children’s service, the application must also contain such information as may be prescribed to satisfy the Welsh Ministers that the service provider meets the requirement in section 6A(1).]

Textual Amendments

F21 S. 11(4) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(2), 29(2); S.I. 2025/1257, art. 2(1)(d)

Commencement Information

I8 S. 11 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

12 Grant or refusal of application for variation E+W

(1) The Welsh Ministers may grant or refuse an application under section 11 (but see [F22 subsections (1A) and (2)]).

[F23 (1A) In the case of an application under section 11(1)(a)(i) to provide a restricted children’s service, the Welsh Ministers may only grant an application if they are satisfied that the service provider meets the requirement in section 6A(1).]

(2) In the case of an application under section 11(1)(b), the Welsh Ministers may (instead of granting or refusing the application)—

(a) vary a condition on different terms to those specified in the application, or

(b) impose another condition on the provider's registration (whether in place of or in addition to the condition which the provider applied to have varied or removed).

(3) But a variation under this section takes effect only if the requirements of sections 18 to 20 are met (so far as applicable).

Textual Amendments

F22 Words in s. 12(1) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(3)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)

F23 S. 12(1A) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(3)(b), 29(2); S.I. 2025/1257, art. 2(2)(a)

Modifications etc. (not altering text)

C2 S. 12(1) modified (temp.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864), art. 9

Commencement Information

I9 S. 12 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

13 Variation without application E+W

(1) The Welsh Ministers may—

(a) vary any condition imposed under section 7(3)(b), 12(2) or paragraph (b) of this subsection, or

(b) impose a further condition on a service provider's registration.

F24 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a service provider provides more than one regulated service, the Welsh Ministers may vary the provider's registration by removing a regulated service if satisfied that—

(a) the service provider no longer provides that service, F25 ...

(b) the service is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service [F26 , or]

[F27 (c) where the service is a restricted children’s service, the service provider does not meet the requirement in section 6A(1)].

[F28 (3A) See also paragraph 3(4)(a) of Schedule 1A, in respect of variation of a service provider’s registration to remove a restricted children’s service during the transitional period defined in that Schedule.]

(4) If a service provider provides a regulated service at, from or in relation to more than one place, the Welsh Ministers may vary the provider's registration by removing a place if satisfied that—

(a) the service provider no longer provides a regulated service at, from or in relation to that place,

(b) the service provided at, from or in relation to that place is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service,

[F29 (ba) the responsible individual designated in respect of that place, or any other person, has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider at, from or in relation to that place,] or

(c) there is no responsible individual designated in respect of that place (and the time limit prescribed under section 11(2) has expired).

[F30 (4A) For the purposes of subsection (4)(ba) a relevant offence is an offence listed in section 15(2).]

(5) No variation may be made under [F31 this section unless—

(a) in the case of variation under subsection (1), (3)(a) or (4)(a), the requirements of sections 18 and 19 are met;

(b) in the case of variation under subsection (3)(b), (4)(b), (ba) or (c), the requirements of sections 16 and 17 are met.]

[F32 (6) But nothing in subsection (5) affects the power of the Welsh Ministers to urgently vary a registration under section 23.]

Textual Amendments

F24 S. 13(2) omitted (25.3.2025) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(a), 29(1)(a)(i)

F25 Word in s. 13(3)(a) omitted (1.4.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(4)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)

F26 Word in s. 13(3)(b) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(4)(b), 29(2); S.I. 2025/1257, art. 2(2)(a)

F27 S. 13(3)(c) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(4)(c), 29(2); S.I. 2025/1257, art. 2(2)(a)

F28 S. 13(3A) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(5), 29(2); S.I. 2025/1257, art. 2(2)(a)

F29 S. 13(4)(ba) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(b), 29(1)(a)(i)

F30 S. 13(4A) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(c), 29(1)(a)(i)

F31 Words in s. 13(5) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(d), 29(1)(a)(i)

F32 S. 13(6) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(e), 29(1)(a)(i)

Commencement Information

I10 S. 13 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

14 Application for cancellation of registration as a service provider E+W

(1) If a service provider applies to the Welsh Ministers for cancellation of the provider's registration, the Welsh Ministers must grant the application unless they have taken action with a view to cancelling the registration under section 15 or 23.

[F33 (1A) An application under subsection (1) must—

(a) contain such information as the Welsh Ministers may prescribe;

(b) be in the prescribed form.]

(2) The Welsh Ministers must give notice of the granting of an application for cancellation under this section to the service provider.

(3) Cancellation under this section takes effect—

(a) on the day falling 3 months after the day on which the service provider receives the notice, or

(b) such earlier day as the Welsh Ministers may specify in the notice.

Textual Amendments

F33 S. 14(1A) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 15(2), 29(2); S.I. 2025/1257, art. 3(1)(b)

Commencement Information

I11 S. 14 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)

15 Cancellation without application E+W

(1) The Welsh Ministers may cancel the registration of a service provider on any of the following grounds—

(a) the service provider no longer provides any regulated services;

(b) the Welsh Ministers are no longer satisfied that the service provider is a fit and proper person to be a service provider (see section 9);

[F34 (ba) the service provider has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service that they provide;]

(c) there is no responsible individual designated in respect of each place at, from or in relation to which the provider provides a regulated service (and the time limit for applying to vary the registration prescribed in regulations made under section 11(2) has expired);

(d) [F35 a responsible individual other than the service provider (see section 21(2)(a))] designated in respect of a place at, from or in relation to which the provider provides a regulated service has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider;

(e) any other person has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider;

(f) a regulated service provided by the service provider is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service [F36 ;

(g) each of the services that the service provider is registered in respect of is a restricted children’s service and the service provider does not meet the requirement in section 6A(1)].

[F37 (1A) See also paragraph 3(4)(b) of Schedule 1A, in respect of cancellation of the registration of a service provider in respect of a restricted children’s service during the transitional period defined in that Schedule.]

(2) For the purposes of [F38 subsection (1)(ba), (d)] and (e), the following are relevant offences—

(a) an offence under this Act or regulations made under it;

(b) an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it;

(c) any offence which, in the opinion of the Welsh Ministers, makes it appropriate for the registration to be cancelled (including an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence).

(3) No cancellation may be made under this section unless [F39 —

(a) in the case of‍ cancellation on the grounds set out in subsection (1)(a), (b) or (ba), the requirements of sections 18 and 19 are met;

(b) in the case of‍ cancellation on the grounds set out in subsection (1)(c), (d), (e) or (f), the requirements of sections 16 and 17 are met.]

[F40 (4) But nothing in subsection (3) affects the power of the Welsh Ministers to urgently cancel a registration under section 23.]

Textual Amendments

F34 S. 15(1)(ba) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(3)(a)(i), 29(1)(a)(i)

F35 Words in s. 15(1)(d) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(3)(a)(ii), 29(1)(a)(i)

F36 S. 15(1)(g) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(6)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)

F37 S. 15(1A) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 8(6)(b), 29(2); S.I. 2025/1257, art. 2(2)(a)

F38 Words in s. 15(2) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(3)(b), 29(1)(a)(i)

F39 Words in s. 15(3) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(3)(c), 29(1)(a)(i)

F40 S. 15(4) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(3)(d), 29(1)(a)(i)

Commencement Information

I12 S. 15 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)