2006 No. 878 (W.83)
SOCIAL CARE, WALES
CHILDREN AND YOUNG PERSONS, WALES
PUBLIC HEALTH, WALES

The Care Standards Act 2000 and the Children Act 1989 (Abolition of Fees) (Wales) Regulations 2006

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 12(2), 15(3), 16(3), 22(7) and 118(5) to (7) of the Care Standards Act 20001 and sections 79F, 87D, 104(4) and paragraph 7 of Schedule 9A to, the Children Act 19892 and s94 (6) of the Health and Social Care (Community Health and Standards) Act 20033 hereby makes the following Regulations:

Citation, commencement, interpretation and application1.

(1)

The title of these Regulations is the Care Standards Act 2000 and the Children Act 1989 (Abolition of Fees) (Wales) Regulations 2006 and they come into force on 1 April 2006.

(2)

In these Regulations—

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989; and

“the 2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;

“the 2003 Act” (“Deddf 2003”) means the Health and Social Care (Community Health and Standards Act) 2003.

(3)

These Regulations apply in relation to Wales.

Revocations2.

The following are hereby revoked—

(a)

the Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 20024;

(b)

regulation 35 of the Adult Placement Schemes (Wales) Regulations 20045;

(c)

regulation 34 of the Domiciliary Care Agencies (Wales) Regulations 20046;

(d)

regulation 28 of the Nurses Agencies (Wales) Regulations 20037;

(e)

regulation 51 of the Fostering Services (Wales) Regulations 20038;

(f)

regulation 33 of the Residential Family Centres (Wales) Regulations 20039;

(g)

regulation 6 of the Inspection of Boarding Schools and Colleges (Powers and Fees) (Wales) Regulations 200210;

(h)

regulation 4 of the Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 200211;

(i)

Regulation 14(a) of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 12;

Prescribed fees for the purposes of the 2000 Act3.

(1)

For the purposes of section 12(2), 16(3), 22(7)(i) of the 2000 Act (applications for registration), in all cases the prescribed fee is nil.

(2)

For the purposes of section 15(3) of the 2000 Act (applications by registered persons), in all cases the prescribed fee is nil.

Prescribed fee for the purposes of the 1989 Act4.

(1)

For the purposes of sections 79F(1) and (2) of the 1989 Act (grant or refusal of registration), in all cases the prescribed fee is nil.

(2)

For the purposes of paragraph 7 of Schedule 9A to the 1989 Act (annual fees) the prescribed fee is nil.

Specified fee for the purposes of the 2003 Act5

For the purposes of section 94(7) of the 2003 Act (reviews and investigations), the specified fee is nil.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199813
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Regulations)

These Regulations abolish all requirements under the Care Standards Act 2000, and the Children Act 1989 for fees to be paid in respect of registration with the National Assembly for Wales (“the Assembly”). They also abolish the requirement for annual fees to be paid in respect of inspections by the Assembly of local authority adoption and fostering services under the Health and Social Care (Community Health and Services) Act 2003, and of boarding schools and colleges under the Children Act 1989. These Regulations also abolish, as a ground for cancellation of registration, the non payment of fees by providers.