2020 No. 570 (W. 131)
The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) (Coronavirus) Regulations 2020
Made
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 2(3), 27(1) and 187(1)(b) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”)1.
The Welsh Ministers have consulted such persons as they think appropriate, as required by sections 2(4) and 27(4)(a) of the Act, and published a statement about the consultation as required by section 27(4)(b) of the Act. The Welsh Ministers have laid a copy of the statement before Senedd Cymru as required by section 27(5) of the Act.
A draft of these Regulations was laid before Senedd Cymru under section 187(2)(b) and (f) of the Act and has been approved by a resolution of Senedd Cymru2.
Title and commencement1
1
The title of these Regulations is the Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) (Coronavirus) Regulations 2020.
2
These Regulations come into force on 5 June 2020.
Amendments to the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 20172
The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 20173 are amended in accordance with regulations 3 to 7.
Interpretation3
In regulation 1(3) (title, commencement, application and interpretation), at the appropriate places insert—
“Care Quality Commission” (“y Comisiwn Ansawdd Gofal”) means the body established under section 1 of the Health and Social Care Act 20084;
“coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
Exception from scope of care home services4
In regulation 2(1) (care home services)—
a
at the end of sub-paragraph (j), for the full stop substitute “;”;
b
after sub-paragraph (j) insert—
k
the provision of accommodation, together with nursing or care, where the accommodation and nursing or care are provided to adults and are needed as a result of the spread of coronavirus,
But this exception does not apply unless—
i
the accommodation and nursing or care are—
aa
provided by a local authority,
bb
provided by a Local Health Board, or
cc
commissioned by a local authority or Local Health Board and provided either by a service provider who is registered to provide a care home service and provides that service wholly or mainly for adults, or by a person who is registered with the Care Quality Commission under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of a care home in England within the meaning of Part 1 of the Care Standards Act 20005, and
ii
the person providing the accommodation and nursing or care has first notified the Welsh Ministers using a form provided by the Welsh Ministers.
Exception from the scope of domiciliary support services5
In regulation 3(1) (domiciliary support services)—
a
at the end of sub-paragraph (i), for the full stop substitute “;”;
b
after sub-paragraph (i) insert—
j
the provision of care and support for adults where the care and support is needed as a result of the spread of coronavirus,
But this exception does not apply unless—
i
the care and support is—
aa
provided by a local authority,
bb
provided by a Local Health Board, or
cc
commissioned by a local authority or Local Health Board and provided either by a service provider registered to provide a domiciliary support service, or by a person registered with the Care Quality Commission under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of a domiciliary care agency within the meaning of Part 1 of the Care Standards Act 2000, and
ii
the person providing the care and support has first notified the Welsh Ministers using a form provided by the Welsh Ministers.
Fitness of staff6
In regulation 35 (fitness of staff)—
a
in paragraph (2)(d), before the opening words, insert “subject to paragraph (9A) of this regulation,”;
b
after paragraph (9) insert—
9A
Where the service provider provides a care home service wholly or mainly for adults or a domiciliary support service to adults, the requirement in paragraph (2)(d) is to be treated as being met despite the person mentioned in that paragraph failing to provide full and satisfactory information or documentation in respect of any of the matters specified in paragraphs 4, 6, 8 and 9 of Part 1 of Schedule 1 if—
a
the person cannot reasonably provide full and satisfactory information or documentation in respect of those matters as a result of the spread of coronavirus,
b
the person provides as full and satisfactory information or documentation in respect of those matters as is reasonably practicable, and
c
the information or documentation provided is available at the service for inspection by the service regulator.
Shared rooms7
In regulation 45 (single occupancy and shared rooms – adults)—
a
after paragraph (2) insert—
2A
The condition in paragraph (2)(d) will continue to be met despite the number of adults accommodated in shared rooms on or after 5 June 2020 exceeding 15% of the total number of adults accommodated by the service where the limit is exceeded only as a consequence of accommodation which is needed as a result of the spread of coronavirus being provided in rooms which were unoccupied immediately before 5 June 2020.
b
in paragraph (3)(c), for “were sharing a room with another adult at the relevant time.” substitute—
—
i
were sharing a room with another adult at the relevant time, or
ii
were provided with the accommodation on or after 5 June 2020 in rooms that were unoccupied immediately before 5 June 2020 and the accommodation is needed as a result of the spread of coronavirus.
(This note is not part of the Regulations)