Regulation and Inspection of Social Care (Wales) Act 2016

13 Variation without application E+W

(1) The Welsh Ministers may—

(a) vary any condition imposed under section 7(3)(b), 12(2) or paragraph (b) of this subsection, or

(b) impose a further condition on a service provider's registration.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a service provider provides more than one regulated service, the Welsh Ministers may vary the provider's registration by removing a regulated service if satisfied that—

(a) the service provider no longer provides that service, or

(b) the service is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service.

(4) If a service provider provides a regulated service at, from or in relation to more than one place, the Welsh Ministers may vary the provider's registration by removing a place if satisfied that—

(a) the service provider no longer provides a regulated service at, from or in relation to that place,

(b) the service provided at, from or in relation to that place is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service,

[F2 (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,] or

(c) there is no responsible individual designated in respect of that place (and the time limit prescribed under section 11(2) has expired).

[F3 (4A) For the purposes of subsection (4)(ba) a relevant offence is an offence listed in section 15(2).]

(5) No variation may be made under [F4 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.]

[F5 (6) But nothing in subsection (5) affects the power of the Welsh Ministers to urgently vary a registration under section 23.]

Textual Amendments

F1 S. 13(2) omitted (25.3.2025) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(a), 29(1)(a)(i)

F2 S. 13(4)(ba) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(b), 29(1)(a)(i)

F3 S. 13(4A) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(c), 29(1)(a)(i)

F4 Words in s. 13(5) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(d), 29(1)(a)(i)

F5 S. 13(6) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 16(2)(e), 29(1)(a)(i)

Commencement Information

I1 S. 13 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(d)