Health and Social Care (Wales) Act 2025

16 Cancellation and variation of service provider’s registration without application: notice procedures E+W

(1) Subsections (2) and (3) amend the 2016 Act to apply the notice of proposal procedure (see section 18 of that Act), rather than the improvement notice procedure (see section 16 of that Act), to the variation or cancellation of a service provider’s registration by the Welsh Ministers in certain circumstances where no improvement is possible.

(2) In section 13 of the 2016 Act—

(a) omit subsection (2);

(b) in subsection (4), after paragraph (b) insert—

“(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,”;

(c) after subsection (4) insert—

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

(d) in subsection (5), for the words from “subsection (3)” to the end substitute “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.”;

(e) after subsection (5) insert—

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

(3) In section 15 of the 2016 Act—

(a) in subsection (1)—

(i) after paragraph (b) insert—

“(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;”;

(ii) in paragraph (d), for “the service provider or a responsible individual” substitute “a responsible individual other than the service provider (see section 21(2)(a))”;

(b) in subsection (2), for “subsection (1)(d)” substitute “subsection (1)(ba), (d)”;

(c) in subsection (3), for the words from “the requirements” to the end substitute “—

(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.”;

(d) after subsection (3) insert—

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

Commencement Information

I1 S. 16 in force at 25.3.2025, see s. 29(1)(a)(i)