Regulation and Inspection of Social Care (Wales) Act 2016

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);

[F1 (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) [F2 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.

(2) For the purposes of [F3 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 [F4 —

(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.]

[F5 (4) But nothing in subsection (3) affects the power of the Welsh Ministers to urgently cancel a registration under section 23.]

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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

I1 S. 15 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)