Health and Social Care (Wales) Act 2025

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) E+W

2 (1) The 2016 Act is amended as follows.

(2) In section 13, in subsection (5), for paragraph (a) substitute—

“(a) in the case of variation—

(i) under subsection (1), (3)(a) or (c) or (4)(a), or

(ii) in accordance with paragraph 3(4)(a) of Schedule 1A,

the requirements of sections 18 and 19 are met;”.

(3) In section 15, in subsection (3), for paragraph (a) substitute—

“(a) in the case of—

(i) cancellation on the grounds set out in subsection (1)(a), (b), (ba) or (g), or

(ii) cancellation in accordance with paragraph 3(4)(b) of Schedule 1A,

the requirements of sections 18 and 19 are met;”.

(4) In section 64, in the appropriate places insert—

• ““children’s home service” (“gwasanaeth cartref plant”) has the meaning given by section 2A;”;

• ““restricted children’s service” (“gwasanaeth plant o dan gyfyngiad) has the meaning given by section 2A;”.

(5) In section 187, in subsection (2)—

(a) after paragraph (c) insert—

“(ca) section 6A(3)(b) (regulations prescribing public goods to which a person’s objects or purposes must primarily relate);”;

(b) after paragraph (w) insert—

“(x) paragraphs 1(1)(b) and 3(1) of Schedule 1A (regulations in relation to transitional period for restricted children’s services).”

(6) In Schedule 1—

(a) in paragraph 1(1)—

(i) for the words “at a place” substitute “,”;

(ii) after the words “in Wales” omit “,”;

(b) in paragraph 1(4), for the words “by a” to the end substitute “does not constitute a care home service if the accommodation and care is provided by—

(a) a person, other than a local authority, who has parental responsibility for the child;

(b) a relative of the child;

(c) a foster parent in relation to the child (but see also paragraph 5A(3) of Schedule 7 to the Children Act 1989 (c. 41).”;

(c) for paragraph 1(6) substitute—

“(6) In sub-paragraph (4), “parental responsibility has the meaning given by section 3 of the Children Act 1989 (c. 41).”

Commencement Information

I1 Sch. 1 para. 2(1)(6) in force at 25.3.2025, see s. 29(1)(a)(ii)