Welsh Statutory Instruments

2016 No. 1235 (W. 293)

Social Care, Wales

The Social Care Wales (Specification of Social Care Workers) (Registration) Regulations 2016

Made

13 December 2016

Coming into force

3 April 2017

The Welsh Ministers, in exercise of the powers conferred upon them by sections 80(1)(b) and 187(1)(b) of the Regulation and Inspection of Social Care (Wales) Act 2016(1), make the following Regulations.

In accordance with section 187(2)(n) of that Act, a draft of this instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Title, commencement and applicationE+W

1.—(1) The title of these Regulations is the Social Care Wales (Specification of Social Care Workers) (Registration) Regulations 2016.

(2) These Regulations come into force on 3 April 2017.

(3) These Regulations apply in relation to Wales.

Commencement Information

I1Reg. 1 in force at 3.4.2017, see reg. 1(2)

InterpretationE+W

2.  In these Regulations—

“the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016;

[F1“the 2017 Regulations” (“Rheoliadau 2017”) means the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017;]

[F2“care home service” (“gwasanaeth cartref gofal”) has the same meaning as that given in section 2(1)(a) of, and paragraph 1 of Schedule 1 to, the Act, subject to regulation 2 of the 2017 Regulations;]

[F1“domiciliary support service” (“gwasanaeth cymorth cartref”) has the same meaning as that given in section 2(1)(h) of and paragraph 8 of Schedule 1 to the Act, subject to regulation 3(1) of the 2017 Regulations;]

[F2“employment” (“cyflogaeth”) has the same meaning as in section 230(5) of the Employment Rights Act 1996 and includes individuals employed whether as an employee or worker;]

[F2“residential family centre service” (“gwasanaeth canolfan breswyl i deuluoedd”) has the same meaning as that given in section 2(1)(c) of, and paragraph 3 of Schedule 1 to, the Act, subject to regulation 4 of the 2017 Regulations;]

“SCW” (“GCC”) means Social Care Wales(2).

[F3“special school residential service” (“gwasanaeth preswyl ysgol arbennig”) has the same meaning as that given in regulation 2 of the Regulated Services (Special School Residential Services) (Wales) Regulations 2023;]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 3.4.2017, see reg. 1(2)

Specification of social care workersE+W

3.—(1) The social care workers described in paragraph (2) are specified for the purposes of section 80(1)(b) of the Act (the register).

(2) The social care workers described are those persons—

(a)who manage a place at or from which a regulated service(3)is provided;

[F4(b)who in the course of their employment with a service provider, provide care and support to any person in Wales in connection with—

(i)a care home service provided wholly or mainly for adults,

(ii)a care home service provided wholly or mainly for children,

(iii)a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to the Act,

(iv)a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act, F5...

(v)a residential family centre service, [F6or]

[F7(vi)a special school residential service,]

provided by that provider;]

[F8(bb)who under a contract for services, provide care and support to any person in Wales in connection with—

(i)a care home service provided wholly or mainly for adults,

(ii)a care home service provided wholly or mainly for children,

(iii)a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to the Act,

(iv)a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act, F9...

(v)a residential family centre service, [F10or]

[F11(vi)a special school residential service,]

provided by a service provider;]

(c)who are undertaking any course approved by SCW under section 114(1)(a) of the Act (approval of courses etc.) in order to become registered in the social worker part of the register [F12;]

F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Reg. 3 in force at 3.4.2017, see reg. 1(2)

Rebecca Evans

Minister for Social Services and Public Health, under authority of the Cabinet Secretary for Health, Wellbeing and Sport, one of the Welsh Ministers

13 December 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 80(1)(a) and (b) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”) require Social Care Wales to keep a register of social workers and social care workers of any other description specified by the Welsh Ministers in regulations. These Regulations specify the descriptions of social care workers for whom a register must be kept.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(2)

The Care Council for Wales was renamed Social Care Wales by section 67(3) of the Act.

(3)

For the meaning of “regulated service”, see section 2 of the Act.