Regulation and Inspection of Social Care (Wales) Act 2016

Valid from 02/04/2018

(as introduced by section 2(2))

SCHEDULE 1 E+W REGULATED SERVICES: DEFINITIONS

Care home services E+W

1 (1) A “care home service” is the provision of accommodation, together with nursing or care at a place in Wales, to persons because of their vulnerability or need. E+W

(2) But accommodation together with nursing or care provided at the following places does not constitute a care home service—

(a) a hospital;

(b) a school (but see sub-paragraph (3));

(c) a residential family centre;

(d) a place providing a secure accommodation service;

(e) a place providing accommodation for an adult arranged as part of an adult placement service.

(3) Accommodation together with nursing or care provided at a school does constitute a care home service if, at the time accommodation is provided for children at the school—

(a) accommodation has been provided at the school or under arrangements made by the school's proprietor for at least one child for more than 295 days in any period of 12 months falling within the previous 24 months, or

(b) such accommodation is intended to be provided for at least one child for more than 295 days in any period of 12 months falling within the following 24 months.

(4) The provision of accommodation and care to a child by a parent, relative or foster parent does not constitute a care home service [F1 unless paragraph 5A of Schedule 7 to the Children Act 1989 applies (fostering treated as care home service where fostering limit exceeded)].

(5) In sub-paragraph (2)(b), “school” has the meaning given by section 4 of the Education Act 1996 (c.56).

(6) In sub-paragraph (4), “parent” means a person who has parental responsibility for a child (within the meaning given by section 3 of the Children Act 1989 (c.41)).

(7) For the purposes of sub-paragraph (4) a person is a foster parent in relation to a child if the person—

(a) is a local authority foster parent, or

(b) fosters the child privately.

Textual Amendments

F1 Words in Sch. 1 para. 1(4) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 58(a)

Commencement Information

I1 Sch. 1 para. 1 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(b) (with art. 7(a))

Secure accommodation services E+W

2 E+W A “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children.

Residential family centre services E+W

3 (1) A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where— E+W

(a) the parents' capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and

(b) the parents are given such care and support as is thought necessary.

(2) In sub-paragraph (1), “parent” in relation to a child, means any person who is looking after the child.

Valid from 29/04/2019

Adoption services E+W

4 E+W An “adoption service” is a service provided in Wales by—

(a) an adoption society within the meaning of the Adoption and Children Act 2002 (c.38) which is a voluntary organisation within the meaning of that Act [F2 (but see section 2(4) of the Adoption and Children Act 2002 (c. 38) (no application for registration to be made under Part 1 of this Act if an adoption society is an unincorporated body))], or

(b) an adoption support agency within the meaning given by section 8 of that Act.

Textual Amendments

F2 Words in Sch. 1 para. 4(a) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 58(b)

Modifications etc. (not altering text)

C1 Sch. 1 para. 4 restricted (29.4.2019) by The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/762), regs. 1(1), 3

Commencement Information

I2 Sch. 1 para. 4 in force at 29.4.2019 by S.I. 2019/864, art. 2(3)(a)

Valid from 29/04/2019

Fostering services E+W

5 E+W A “fostering service” means any service provided in Wales by a person other than a local authority which consists of or includes—

(a) the placement of children with local authority foster parents, or

(b) exercising functions in connection with such placement.

Valid from 29/04/2019

Adult placement services E+W

6 (1) An “adult placement service” means a service carried on (whether or not for profit) by a local authority or other person for the purposes of placing adults with an individual in Wales under a carer agreement (and includes any arrangements for the recruitment, training and supervision of such individuals). U.K.

(2) In sub-paragraph (1) “carer agreement” means an agreement for the provision by an individual of accommodation at the individual's home together with care and support for up to three adults.

Valid from 29/04/2019

Advocacy services U.K.

7 (1) An “advocacy service” is a service specified for the purposes of this paragraph by regulations made by the Welsh Ministers. E+W

(2) A service may be specified as an advocacy service only if, and to the extent that, the following requirements are satisfied in relation to the service.

(3) The first requirement is that the service is a service which is carried on (whether or not for profit) for the purpose of representing the views of individuals, or assisting individuals to represent those views, in respect of matters relating to those individuals' needs for care and support (including matters relating to assessing whether those needs exist).

(4) The second requirement is that the service is not carried on by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007 (c.29)), who is—

(a) an authorised person for the purposes of that Act, or

(b) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order (S.I. 1978/1910)).

(5) Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.

(6) But the requirement to consult does not apply to regulations which—

(a) amend other regulations made under that sub-paragraph, and

(b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

Domiciliary support services E+W

8 (1) A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision). E+W

(2) But the provision of care and support does not constitute a domiciliary support service if⁠—

(a) it is provided by an individual without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973 (c.35)), and who works wholly under the direction and control of the person receiving the care and support, or

(b) it is provided—

(i) at a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or

(ii) at a hospital.

(3) A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit).

Valid from 29/04/2019

Interpretation E+W

9 E+W In this Schedule—

• “hospital” (“ysbyty”) means—

  (a)

  a health service hospital within the meaning given by the National Health Service (Wales) Act 2006 (c.42),

  (b)

  an independent hospital within the meaning given by the Care Standards Act 2000 (c.14), and

  (c)

  an independent clinic within the meaning given by the Care Standards Act 2000;

• “local authority foster parent” (“rhiant maeth awdurdod lleol”) has the meaning given by the 2014 Act.

(as introduced by section 67(4))

SCHEDULE 2 E+W SOCIAL CARE WALES

PART 1 E+W STATUS

Status E+W

1 (1) SCW is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. E+W

(2) SCW's property is not to be regarded as property of, or property held on behalf of, the Crown.

Commencement Information

I3 Sch. 2 para. 1 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 2 E+W MEMBERSHIP

Members E+W

2 (1) SCW is to consist of— E+W

(a) a member to chair SCW (“the chairing member”), and

(b) not more than 14 other members.

(2) SCW's members are to be appointed by the Welsh Ministers.

(3) A person who is a member of SCW's staff may not be appointed or hold office as a member of SCW.

(4) SCW's members are to hold office on such terms and conditions as the Welsh Ministers may determine; but this is subject to the other provisions of this Schedule.

(5) Before making an appointment under this paragraph the Welsh Ministers must consult such persons as they think appropriate.

(6) In exercising their functions under this paragraph the Welsh Ministers must have regard to the desirability of appointing a varied membership which comprises a majority of persons who are not, and have not been, social care workers or representatives of social care workers.

Commencement Information

I4 Sch. 2 para. 2 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Remuneration etc. of members E+W

3 (1) SCW may pay to its members such remuneration, expenses and allowances as the Welsh Ministers may determine. E+W

(2) SCW is to pay, or make provision for the payment, of such pension, allowance or gratuities as the Welsh Ministers may determine to or in respect of a person who is or has been a member of SCW.

(3) If the Welsh Ministers determine that there are special circumstances which make it right for a person ceasing to hold office as the chairing member of SCW to receive compensation, SCW must pay the person or make provision for the payment to the person of such compensation as the Welsh Ministers may determine.

Commencement Information

I5 Sch. 2 para. 3 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Term of office E+W

4 U.K. A person appointed as a member of SCW holds office for such period as the Welsh Ministers may determine when making the appointment; but that period may not exceed 4 years.

Commencement Information

I6 Sch. 2 para. 4 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Resignation E+W

5 (1) The chairing member may resign by giving written notice to the Welsh Ministers. E+W

(2) Resignation may be either—

(a) as chairing member, or

(b) as both chairing member and member.

(3) A member of SCW who is not the chairing member may resign by giving written notice to the Welsh Ministers.

Commencement Information

I7 Sch. 2 para. 5 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Dismissal E+W

6 (1) The Welsh Ministers may by written notice dismiss the chairing member if satisfied that he or she— E+W

(a) is unfit to continue as chairing member, or

(b) is unable or unwilling to act as chairing member.

(2) Dismissal may be either—

(a) as chairing member, or

(b) as both chairing member and member.

(3) The Welsh Ministers may by written notice dismiss a member of SCW who is not the chairing member if satisfied that he or she—

(a) is unfit to continue as a member, or

(b) is unable or unwilling to act as a member.

Commencement Information

I8 Sch. 2 para. 6 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 3 E+W GENERAL POWERS

Committees E+W

7 (1) SCW may establish committees. E+W

(2) Committees established under sub-paragraph (1) may establish sub-committees.

(3) A committee or sub-committee established under this paragraph may include, or be comprised entirely of, persons who are not members of SCW.

(4) SCW may pay remuneration, expenses and allowances to any person who—

(a) is a member of a committee or sub-committee established under this paragraph, and

(b) is not a member of SCW, or a member of its staff.

Commencement Information

I9 Sch. 2 para. 7 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Delegation E+W

8 (1) SCW may arrange for any of its functions to be exercised by any of its— E+W

(a) committees,

(b) sub-committees,

(c) members, or

(d) staff.

(2) Sub-paragraph (1) does not affect SCW's responsibility for exercise of delegated functions or affect its ability to exercise delegated functions.

Commencement Information

I10 Sch. 2 para. 8 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Supplementary powers E+W

9 E+W SCW may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions.

Commencement Information

I11 Sch. 2 para. 9 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 4 E+W PROCEEDINGS ETC.

Procedure E+W

10 (1) SCW is to regulate its own procedure (including quorum); but this is subject to the other provisions of this Act and any regulations made under it. E+W

(2) SCW is to regulate the procedure (including quorum) of its—

(a) committees, and

(b) sub-committees.

Commencement Information

I12 Sch. 2 para. 10 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Application of seal E+W

11 (1) SCW may have a seal. E+W

(2) The application of the seal must be authenticated by the signature of—

(a) any member of SCW, or

(b) any other person authorised by SCW for that purpose.

Commencement Information

I13 Sch. 2 para. 11 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Evidence E+W

12 E+W A document purporting to be duly executed under the seal of SCW or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Commencement Information

I14 Sch. 2 para. 12 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 5 E+W CHIEF EXECUTIVE AND OTHER STAFF

Chief executive and other staff E+W

13 (1) SCW must appoint a chief executive. E+W

(2) SCW may appoint such other staff as it thinks appropriate; but this is subject to section 81 (duty of SCW to appoint a registrar).

(3) A person appointed as chief executive is employed on such terms and conditions as SCW may determine; but the appointment (including any terms and conditions of appointment) requires the approval of the Welsh Ministers.

(4) Any other staff appointed under this paragraph are employed on such terms and conditions as SCW may determine; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such staff.

Commencement Information

I15 Sch. 2 para. 13 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 6 E+W FINANCIAL MATTERS AND ANNUAL REPORTS ETC.

Payments by the Welsh Ministers E+W

14 E+W The Welsh Ministers may make payments to SCW of such amounts, and at such times and on such conditions (if any), as the Welsh Ministers think appropriate.

Commencement Information

I16 Sch. 2 para. 14 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Accounting officer E+W

15 (1) The chief executive is to act as SCW's accounting officer. E+W

(2) The accounting officer has, in relation to SCW's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.

(3) The responsibilities that may be specified include—

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of SCW's finances;

(c) responsibilities for the economy, efficiency and effectiveness with which SCW uses its resources;

(d) responsibilities owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly;

(e) responsibilities owed to the House of Commons or the Committee of Public Accounts of that House.

Commencement Information

I17 Sch. 2 para. 15 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Accounts and audit E+W

16 (1) SCW must for each financial year— E+W

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented, and

(c) the methods and principles according to which the statement is to be prepared.

(3) No later than 31 August after the end of each financial year SCW must submit its statement of accounts to—

(a) the Welsh Ministers, and

(b) the Auditor General for Wales.

(4) The Auditor General for Wales must—

(a) examine, certify and report on the statement of accounts, and

(b) no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report.

Commencement Information

I18 Sch. 2 para. 16 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Annual reports etc. E+W

17 (1) No later than 30 November after the end of each financial year SCW must publish a report on the exercise of its functions during that year (an “annual report”). E+W

(2) As soon as possible after an annual report is published SCW must send a copy of it to the Welsh Ministers.

(3) SCW must provide the Welsh Ministers with such other reports and information relating to the exercise of its functions as they may from time to time require.

Commencement Information

I19 Sch. 2 para. 17 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

(as introduced by section 185)

SCHEDULE 3 E+W MINOR AND CONSEQUENTIAL AMENDMENTS

Valid from 02/04/2018

PART 1 E+W REGULATION OF SERVICES

Care Standards Act 2000 E+W

1 U.K. The Care Standards Act 2000 (c.14) is amended as follows.

2 U.K. In section 1—

(a) in subsection (1), at the end insert “ as it applies in relation to England ”;

(b) in subsection (2), after “establishment” insert “ in England ”;

(c) subsection (4) is repealed;

(d) in subsection (4A), the words “in England” are repealed;

(e) the section heading becomes “ Children's homes in England ”.

3 U.K. In section 3—

(a) in subsection (1), after “establishment” insert “ in England ”;

(b) subsection (3) is repealed;

(c) in subsection (4), the words “in England” are repealed;

(d) the section heading becomes “ Care homes in England ”.

4 U.K. In section 4—

(a) in subsection (2), after “establishment” insert “ in England ”;

(b) in subsection (3), after “persons” insert “ in England ”;

(c) in subsection (4)—

(i) in paragraph (a), after “authorities” insert “ in England ”;

(ii) in paragraph (b), after “organisation” insert “ in England ”;

(d) subsection (5) is repealed;

(e) in subsection (7), at the end insert “ whose principal office is in England ”;

(f) in subsection (7A), for “has” substitute “ means an undertaking in England which is an adoption support agency within ”;

(g) in subsection (8)(a)—

(i) in sub-paragraph (i), at the end insert “ in England ”;

(ii) in sub-paragraph (ii), after “home” insert “ in England ”;

(iii) sub-paragraph (vi) is repealed;

(iv) in sub-paragraph (vii), at the end insert “ in England ”;

(h) in subsection (9)(a), sub-paragraphs (ii) and (iii) are repealed;

(i) in subsection (10), after “services” where it first occurs insert “ in England ”.

Valid from 29/04/2019

5 U.K. In section 5—

(a) in subsection (1)(b), for “in any other case” substitute “ in the case of establishments mentioned in subsection (1B) ”;

(b) in subsection (1A), after “agencies” insert “ mentioned in subsection (1)(a) ”;

(c) after subsection (1A), insert—

“(1B) The establishments mentioned in subsection (1)(b) are—

(a) independent hospitals in Wales;

(b) independent clinics in Wales.”;

(d) subsection (2) is repealed.

6 U.K. In section 8(6)—

(a) in paragraph (a), for “section 5(b)” substitute “ section 5(1)(b) ”;

(b) in paragraph (b) for sub-paragraphs (i) and (ii) substitute “by the Care Quality Commission—

(i) under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

(ii) under the Mental Health Act 1983 in relation to England.”

7 U.K. In section 14(2), after paragraph (f) insert—

“(g) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.”

8 U.K. In section 22—

(a) in subsection (1), for paragraph (b) substitute—

“(b) regulations made by the Welsh Ministers—

(i) may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and

(ii) may in particular make any provision such as is mentioned in subsection (2), (7) or (8) in so far as relevant to those establishments.”;

(b) subsections (3) and (4) are repealed.

9 U.K. In section 22B—

(a) in subsection (1), for “registration authority” substitute “ CIECSS ”;

(b) in subsection (3)(c), for “registration authority's” substitute “CIECSS's”;

(c) in subsection (4)(b), for “registration authority” substitute “ CIECSS ”;

(d) in subsection (5)(a), for “registration authority” substitute “ CIECSS ”;

(e) in subsection (6), for “registration authority” substitute “ CIECSS ”;

(f) in subsection (8)—

(i) in paragraph (a), at the end insert “ in England ”;

(ii) in paragraph (b), at the end insert “ in England ”.

10 U.K. In section 23, after subsection (1) insert—

“(1ZA) But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.”

11 U.K. In section 30A—

(a) in subsection (1), after “agency” insert “ in England ”;

(b) in subsection (2), for “registration authority” substitute “ CIECSS ”;

(c) in subsection (3), for “registration authority” substitute “ CIECSS ”;

(d) in subsection (7), in the definition of “prescribed”, paragraph (b) is repealed.

Valid from 29/04/2019

12 U.K. Section 36A is repealed.

Valid from 29/04/2019

13 U.K. In section 42—

(a) for subsection (2) substitute—

“(2) This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.”;

(b) in subsection (7), the definition of “Welsh local authorities” is repealed.

Valid from 29/04/2019

14 U.K. In section 43, after subsection (1) insert—

“(1A) “Local authority” means a local authority in England.”

Valid from 29/04/2019

15 U.K. In section 50(1), for “registration authority” substitute “ CIECSS ”.

16 U.K. Section 79(3) is repealed.

Valid from 29/04/2019

Health and Social Care (Community Health and Standards) Act 2003 E+W

17 U.K. The Health and Social Care (Community Health and Standards) Act 2003 (c.43) is amended as follows.

18 U.K. Chapter 6 of Part 2 (social services: functions of the National Assembly for Wales) is repealed.

19 U.K. In section 142, in paragraph (a)—

(a) in sub-paragraph (i), omit “and 6”;

(b) in sub-paragraph (ii), for “section 5(b)” substitute “ section 5(1)(b) ”.

20 U.K. In section 143(2), paragraph (b) is repealed.

Valid from 29/04/2019

Public Audit (Wales) Act 2004 E+W

21 U.K. The Public Audit (Wales) Act 2004 (c.23) is amended as follows.

22 U.K. In section 41(6) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies for improving economy etc. in services), for the words from “sections 94 and 95” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

23 U.K. In section 42(4) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies about the impact of statutory provisions), for the words from “section 95(2)” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

Valid from 29/04/2019

Children Act 2004 E+W

24 U.K. In section 30 of the Children Act 2004 (c.31) (inspection of functions under Part 3), for subsection (1) substitute—

“(1) The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).”

Public Services Ombudsman (Wales) Act 2005 E+W

25 U.K. The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

26 U.K. In section 34R (meaning of “care home” and “care home provider”)—

(a) in subsection (2), for the words from “has” to the end substitute “ means premises 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; ”

(b) in subsection (3), for “carries on a care home” substitute “ is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over ”;

(c) in subsection (5), for the words from “personal” to the end of paragraph (a) substitute “ care in a care home in Wales for an individual because of the individual's vulnerability or need, ”;

(d) after subsection (5), insert—

“(6) “Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.”

27 U.K. In section 42(4A) (meaning of “former care home provider”), for the words from “personal” to the end of paragraph (a) substitute “ care of a particular description at a care home in Wales (see section 32R), ”.

Safeguarding Vulnerable Groups Act 2006 E+W

28 U.K. In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c.47) (regulated activity relating to children), in sub-paragraph (9B)—

(a) for sub-sub-paragraph (h) substitute—

“(h) an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);”

(b) for sub-sub-paragraph (j) substitute—

“(j) a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);”

(c) in sub-sub-paragraph (k) for “or investigation under section 94” substitute “ under section 149B ”.

Social Services and Well-being (Wales) Act 2014 E+W

29 E+W The 2014 Act is amended as follows.

Valid from 23/02/2021

30 E+W In section 1 (overview)—

(a) in subsection (9)—

(i) after paragraph (b) insert—

“(ba) requires local authorities to produce—

(i) annual reports about the exercise of social services functions, and

(ii) reports about the stability of local markets for providing care and support,

(sections 144A and 144B);”

(ii) after paragraph (c) insert—

“(ca) provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B);”

(iii) in paragraph (d), for “161).” substitute “160);

(da) allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C).”;”;

(b) in subsection (15)(c), for “an establishment or agency (within the meaning of the Care Standards Act 2000)” substitute “ a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) ”.

31 E+W Section 183 (publicising advocacy services in care homes) is repealed.

32 E+W In section 188(1) (definitions for the purposes of sections 185 to 187), in the definition of “youth detention accommodation”, for paragraph (a) substitute—

“(a) a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);”.

33 E+W In section 189 (provider failure: temporary duty on local authority)—

(a) for subsection (1) substitute—

“(1) This section applies where a service provider becomes unable to provide a regulated service because of business failure.”;

(b) in subsection (2), for the words from “registered” to “agency” where it second occurs substitute “ service provider became unable to provide the regulated service, being met in the authority's area by the service provider ”;

(c) in subsection (5)(a), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”;

(d) in subsection (9)—

(i) the definition of “registered person” is repealed;

(ii) before the definition of “relevant carer” insert—

““regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;”

(iii) at the end insert—

““service provider” (“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.”

34 E+W In section 190(1) (provider failure: exception to temporary duty), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”.

35 E+W In section 191 (provider failure: supplementary)—

(a) in subsection (6), for “registered person, or such other person involved in the establishment or agency's” substitute “service provider, or such other person involved in the service provider's”;

(b) in subsection (7), for “carry on or manage an establishment or agency” substitute “ provide a regulated service ”.

[F3 36. E+W In section 197(1) (definitions)—

(a) for the definition of “care home”, substitute—

• ““care home” (“cartref gofal”)—

  (a)

  has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and

  (b)

  means a place in Wales 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 adults;”;

(b) for the definition of “children’s home”, substitute—

• ““children’s home” (“cartref plant”) means—

  (a)

  a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; and

  (b)

  means premises in Wales 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 children by a person registered under Part 1 of that Act;”.]

Textual Amendments

F3 Sch. 3 para. 36 substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 59

PART 2 E+W SOCIAL CARE WALES

Mental Health Act 1983 E+W

37 E+W The Mental Health Act 1983 (c.20) is amended as follows.

Commencement Information

I20 Sch. 3 para. 37 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

38 E+W In section 114A (approval of courses for mental health professionals: Wales)—

(a) in subsection (1), for “Care Council for Wales” substitute “ Social Care Wales ”;

(b) for subsection (2) substitute—

“(2) For that purpose—

(a) subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and

(b) sections 73 to 75 and section 115 of that Act apply accordingly.”;”

(c) in subsection (4), for the words from “for” to the end substitute “ for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”;

(d) in subsection (5), for “Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I21 Sch. 3 para. 38 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

39 E+W In section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties), for the words from “principal” to the end substitute “ social worker part or the visiting European [F4 social worker] part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ”

Textual Amendments

F4 Words in Sch. 3 para. 39 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 144(2) (with reg. 155)

Commencement Information

I22 Sch. 3 para. 39 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Care Standards Act 2000 E+W

40 E+W The Care Standards Act 2000 (c.14) is amended as follows.

Commencement Information

I23 Sch. 3 para. 40 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

41 E+W The following provisions are repealed—

(a) sections 56 (the register) to 66 (visitors for certain social work courses);

(b) sections 68 (appeals to the tribunal), 69 (publication etc. of register) and 71 (rules);

(c) section 113 (default powers of appropriate Minister);

(d) the entry for the Welsh Council in the table in section 121(13) (general interpretation etc.);

(e) Schedule 1 (the Welsh Council).

Commencement Information

I24 Sch. 3 para. 41 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

42 E+W In section 55 (interpretation)—

(a) for subsections [F5 (4A),] (2), (3) and (4) substitute—

“(2) “Social care worker” means a person (other than a person excepted by regulations) who—

(a) engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “social worker”),

(b) is employed at a children's home in England, a care home in England or a residential family centre in England,

(c) manages a home or centre of a kind mentioned in paragraph (b),

(d) is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,

(e) manages an agency of the kind mentioned in paragraph (d), or

(f) is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a) a person engaged in work for the purposes of a local authority in England's social services functions;

(b) a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;

(c) a person engaged in the provision of personal care for any person in England;

(d) a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England;

(e) a person who manages an undertaking of the kind mentioned in paragraph (d);

(f) a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);

(g) a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

(i) section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),

(ii) section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or

(iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);

(h) a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);

(i) a person who manages employees mentioned in paragraph (g) or (h);

(j) a person employed in a day centre in England;

(k) a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers.”, and

(b) omit subsections (6), (7) and (8).

Textual Amendments

F5 Word in Sch. 3 para. 39 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 144(3) (with reg. 155)

Commencement Information

I25 Sch. 3 para. 42 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

43 E+W In section 67 (functions of the appropriate Minister)—

(a) in subsection (1), for “appropriate Minister” substitute “ Secretary of State ”,

(b) for subsection (2) substitute—

“(2) The Secretary of State shall encourage persons to take part in—

(a) courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and

(b) other courses relevant to the training of persons who are or wish to become social care workers.”;

(c) in subsection (3)—

(i) for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”, and

(ii) for “appropriate Minister” at the second place it appears substitute “ Secretary of State ”;

(d) in subsection (4)—

(i) for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”,

(ii) for “the Minister” substitute “ he or she ”, and

(iii) in paragraph (a), omit “and Wales,”;

(e) omit subsection (6);

(f) in subsection (7)—

(i) in paragraph (a), omit “or (6)(b)”,

(ii) in paragraph (b), for “appropriate Minister” substitute “ Secretary of State ”, and

(iii) in the words after paragraph (b), for “and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b)” substitute “ and in subsection (5)(b) ”;

(g) for the heading, substitute “ Functions of the Secretary of State ”.

Commencement Information

I26 Sch. 3 para. 43 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

44 E+W In Schedule 2A (persons subject to review by the Children's Commissioner for Wales), in paragraph 14, for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I27 Sch. 3 para. 44 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Adoption and Children Act 2002 E+W

45 E+W The Adoption and Children Act 2002 (c.38) is amended as follows.

Commencement Information

I28 Sch. 3 para. 45 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

46 E+W In section 10(2) (management etc. of agencies), for “section 56(1) of the Care Standards Act 2000 (c. 14)” substitute “ section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”.

Commencement Information

I29 Sch. 3 para. 46 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Public Audit (Wales) Act 2004 E+W

47 E+W The Public Audit (Wales) Act 2004 (c.23) is amended as follows.

Commencement Information

I30 Sch. 3 para. 47 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

48 E+W In section 41 (studies for improving economy etc. in services), after subsection (6) insert—

“(7) Subsection (8) applies in respect of the discharge of social services functions by local authorities in Wales.

(8) The Auditor General and the Social Care Wales must co-operate with each other with respect to the exercise of their respective functions under this section and section 70 of the Regulation and Inspection of Social Care (Wales) Act 2016 (studies by SCW as to economy etc.).

(9) In subsection (7) “social services functions” has the same meaning as in the Social Services and Well-being (Wales) Act 2014.”

Commencement Information

I31 Sch. 3 para. 48 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Public Services Ombudsman (Wales) Act 2005 E+W

49 E+W The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

Commencement Information

I32 Sch. 3 para. 49 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

50 E+W In Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I33 Sch. 3 para. 50 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Commissioner for Older People (Wales) Act 2006 E+W

51 E+W The Commissioner for Older People (Wales) Act 2006 (c.30) is amended as follows.

Commencement Information

I34 Sch. 3 para. 51 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

52 E+W In Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I35 Sch. 3 para. 52 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Safeguarding Vulnerable Groups Act 2006 E+W

53 E+W The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows.

Commencement Information

I36 Sch. 3 para. 53 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

54 E+W In section 41 (registers: power to refer information to the Disclosure and Barring Service), in entry number 8 in the table in subsection (7)—

(a) in column 1, for “under section 56 of the Care Standards Act 2000 (c. 14)” substitute “ under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”, and

(b) in column 2, for “The Care Council for Wales” substitute “ the registrar appointed under section 81 of that Act ”.

Commencement Information

I37 Sch. 3 para. 54 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

55 E+W In Part 3 of Schedule 3 (barred lists: supplementary provision)—

(a) in paragraph 16(4)(l), for “the Care Council for Wales” substitute “ Social Care Wales ”, and

(b) after paragraph 16(4) insert—

“(4A) The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.”

Commencement Information

I38 Sch. 3 para. 55 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

56 E+W In Part 2 of Schedule 4 (regulated activity in relation to vulnerable adults)—

(a) at the beginning of paragraph 7(3C) insert “ In relation to a vulnerable adult in in England, ”, and

(b) after paragraph 7(3C) insert—

“(3CA) In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.”

Commencement Information

I39 Sch. 3 para. 56 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Health and Social Care Act 2008 E+W

57 E+W The Health and Social Care Act 2008 (c.14) is amended as follows.

Commencement Information

I40 Sch. 3 para. 57 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

58 E+W The following provisions are repealed—

(a) section 124 (regulation of social care workers);

(b) section 125 (standard of proof in proceedings relating to registration of social care workers);

(c) section 126 (education and training of approved mental health professionals);

(d) subsection (3)(b) (and the “or” immediately before it) of section 163 (orders and regulations: control by National Assembly for Wales);

(e) subsection (4)(za) of section 171 (the appropriate authority by whom commencement order is made);

(f) Schedule 9 (regulation of social care workers: Wales).

Commencement Information

I41 Sch. 3 para. 58 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

PART 3 E+W MISCELLANEOUS

Public Services Ombudsman (Wales) Act 2005 E+W

59 E+W In section 33 of the Public Services Ombudsman (Wales) Act 2005 (c.10) (publicity for complaints procedures), after subsection (7) insert—

“(8) This section applies to a care home provider (see section 34R), a domiciliary care provider (see section 34S) or an independent palliative care provider (see section 34T) as it applies to a listed authority.

(9) But in its application in accordance with subsection (8), the reference to “relevant services” in subsection (2)(a)(i) is to be read as a reference to the matters to which Part 2A applies (see section 34A).”

Commencement Information

I42 Sch. 3 para. 59 in force at 6.4.2016 by S.I. 2016/467, art. 2

Social Services and Well-being (Wales) Act 2014 E+W

60 E+W The 2014 Act is amended as follows.

Commencement Information

I43 Sch. 3 para. 60 in force at 6.4.2016 by S.I. 2016/467, art. 3

61 E+W In the Welsh text of section 21(3)(b) (duty to assess the needs of a child for care and support), for “, rhieni'r plentyn neu unrhyw berson arall a chanddo gyfrifoldeb rhiant dros y plentyn” substitute “ neu unrhyw berson a chanddo gyfrifoldeb rhiant dros y plentyn ”.

Commencement Information

I44 Sch. 3 para. 61 in force at 6.4.2016 by S.I. 2016/467, art. 3

62 E+W In section 42 (duty to meet support needs of a child carer)—

(a) in subsection (4)(a)(i), for “41(5)” substitute “ 43(5) ”;

(b) in subsection (4)(a)(ii), for “41(1)” substitute “ 43(1) ”;

(c) in subsection (4)(b)(i), for “41(5)” substitute “ 43(5) ”;

(d) in subsection (4)(b)(ii), for “41(3)” substitute “ 43(3) ”;

(e) in subsection (4)(c)(i), for “41(10)” substitute “ 43(10) ”;

(f) in subsection (4)(c)(ii), for “41(3)” substitute “ 43(3) ”.

Commencement Information

I45 Sch. 3 para. 62 in force at 6.4.2016 by S.I. 2016/467, art. 3

63 E+W In the Welsh text of section 46(3) (exception for persons subject to immigration control), for the words from “For” to “question” substitute “At ddibenion is-adran (1), mae adran 95(3) a (5) i (8) o Ddeddf 1999, a pharagraff 2 o Atodlen 8 iddi, yn gymwys ond mae'r cyfeiriadau yn adran 95(5) a (7) a'r paragraff hwnnw at yr Ysgrifennydd Gwladol i'w darllen fel cyfeiriadau at yr awdurdod lleol dan sylw”.

Commencement Information

I46 Sch. 3 para. 63 in force at 6.4.2016 by S.I. 2016/467, art. 3

64 E+W In the Welsh text of section 147(3) (departure from requirements in codes), after “gategori” insert “ penodol ”.

Commencement Information

I47 Sch. 3 para. 64 in force at 6.4.2016 by S.I. 2016/467, art. 3

65 E+W In section 197(1) (general interpretation), in the definition of “voluntary organisation”, for “private body” substitute “ local authority ”.

Commencement Information

I48 Sch. 3 para. 65 in force at 6.4.2016 by S.I. 2016/467, art. 3