Health and Social Care (Wales) Act 2025

Prospective

4 Registration in respect of a restricted children’s service: transitional arrangements E+W

(1) The 2016 Act is amended as follows.

(2) After section 6B (as inserted by section 3) insert—

“6C Registration in respect of a restricted children’s service: transitional arrangements

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

(3) After Schedule 1 insert—

(as introduced by section 6C)

“SCHEDULE 1A E+W RESTRICTED CHILDREN’S SERVICES: TRANSITIONAL REGISTRATION ARRANGEMENTS FOR EXISTING SERVICE PROVIDERS

Transitional period in respect of restricted children’s services

1 (1) In this Schedule, in relation to a‍ restricted children’s service, references to the transitional period are to the period that—

(a) begins with the day on which the service becomes a restricted children’s service by virtue of section 6A(1) coming into force in relation to the service, and

(b) ends with the day appointed by the Welsh Ministers by regulations for the purposes of this paragraph.

(2) Regulations made under sub-paragraph (1)(b) may appoint different days for—

(a) different types of restricted children’s service;

(b) different descriptions of service provider (for example service providers that specialise in the provision of a particular type of restricted children’s service).

(3) But sub-paragraph (2) does not limit the application of section 187 in relation to regulations made under sub-paragraph (1)(b).

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

Existing service providers: exemption from section 6A(1)

2 (1) This paragraph applies to a service provider, other than a local authority, who is registered—

(a) in respect of a‍ children’s home service, when the transitional period begins in respect of that service;

(b) in respect of a fostering service, when the transitional period begins in respect of that service;

(c) in respect of a secure accommodation service, when the transitional period begins in respect of that service.

(2) And this paragraph applies to such a service provider during the transitional period.

(3) In this Schedule, in relation to a provider, references to the existing service are to the service in respect of which the provider is registered as described in sub-paragraph (1).

(4) In so far as a service provider to‍ which this paragraph applies is registered in respect of the existing service—

(a) the registration of the provider is not subject to the requirement in section 6A(1) (and any reference to that requirement is to be read accordingly), and

(b) (in consequence) the entry in the register in respect of the provider must show—

(i) that the provider’s registration in respect of the existing service is not subject to the requirement in section 6A(1), and

(ii) that the condition in section 7(3)(aa) is not imposed on the provider’s registration in respect of that service.

(5) But sub-paragraph‍ (4) does not apply for the purposes of an application made by the service provider—

(a) in relation to the existing service, under section 11(1)(a)(ii);

(b) in respect of any other service, under section 11(1)(a)(i).

Regulations about provision of restricted children’s services by existing service providers

3 (1) The Welsh Ministers may by regulations make provision imposing conditions on a service provider to‍ which paragraph 2 applies.

(2) Conditions imposed by regulations under sub-paragraph (1) may include—

(a) restrictions on the type of restricted children’s service that the service provider may provide;

(b) restrictions on the description of looked after children in respect of whom the provider may provide the restricted children’s service, for example by reference to their care and support needs.

(3) Sub-paragraph (4) applies where—

(a) a service provider fails to comply with conditions imposed by regulations under sub-paragraph (1), or

(b) in the case of a service provider described in paragraph 2(1)(b), the provider fails to comply with regulations made under section 87 of the 2014 Act.

(4) Where this sub-paragraph applies, the Welsh Ministers may—

(a) exercise their functions under section 13 to vary the provider’s registration by removing the service or a place at which the existing service is provided, or

(b) exercise their functions under section 15 to cancel the provider’s registration in respect of the existing service.

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

Existing service providers: application for variation of registration

4 (1) This paragraph applies in respect of a service provider‍ that is registered in respect of an existing service.

(2) Despite paragraph 2(4), a service provider to‍ which this paragraph applies may apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).

(3) But where a service provider to which this paragraph applies makes an application under section 11(1)(a)(i) or (ii) in respect of a restricted children’s service that is not the existing service, the provider must apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).

(4) An application under‍ this paragraph must—

(a) include such information as may be prescribed to satisfy the Welsh Ministers that the person meets the requirement in section 6A(1), and

(b) be in the prescribed form.

(5) The Welsh Ministers must grant an application under‍ this paragraph if satisfied that—

(a) the application—

(i) contains everything required under sub-paragraph (4)(a), and

(ii) meets the requirements prescribed under sub-paragraph (4)(b), and

(b) the provider meets the requirement in section 6A(1).

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

(7) Where the Welsh Ministers grant an application under sub-paragraph (5), the Welsh Ministers mus‍t, in so far as the provider is registered in respect of the existing service—

(a) impose the condition in section 7(3)(aa) on the provider’s registration;

(b) show in the register that—

(i) the provider’s registration in respect of the existing service is subject to the requirement in section 6A(1), and

(ii) the condition in section 7(3)(aa) is imposed on the provider’s registration in respect of that service.

(8) Where a variation under this paragraph takes effect, paragraphs 2(4) and 3 do not apply to the service provider.

(9) A variation under this‍ paragraph takes effect only if the requirements of section 18 to 20 are met (so far as applicable).

Interpretation

5 In this Schedule—

(a) “looked after children” means children who are looked after by local authorities as described in section 74(1) of the 2014 Act;

(b) references to the “register are to the register maintained under section 38 of this Act.”

(4) In section 45, after “section 27 or 37(2)(a)” insert “or under paragraph 3(1) of Schedule 1A”.

Commencement Information

I1 S. 4 not in force at Royal Assent, see s. 29(2)