2019 No. 772 (W. 146)
The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019
Made
Coming into force
The Welsh Ministers, in exercise of the power conferred by section 186 of the Regulation and Inspection of Social Care (Wales) Act 20161, make the following Regulations:
A draft of these Regulations was laid before the National Assembly for Wales under section 186(4) of the Regulation and Inspection of Social Care (Wales) Act 2016 and has been approved by a resolution of the National Assembly for Wales.
Title and commencement1
1
The title of these Regulations is the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019.
2
These Regulations come into force on 29 April 2019.
Children Act 1989 (c. 41)
2
The Children Act 1989 is amended as follows.
3
In section 62(6)(c)2, after “Health and Social Care Act 2008” insert “, or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”.
4
In section 803—
a
in the following provisions for “Secretary of State” in each place that it occurs, substitute “Appropriate National Authority”—
i
subsection (1);
ii
subsection (2);
iii
subsection (4);
iv
subsection (7);
v
subsection (11);
b
in subsection (1)(a), after “home” insert “in England”;
c
in subsection (1)(j), after “home” insert “in England”;
d
in subsection (4), for “him” in both places it occurs substitute “it”;
e
in subsection (4)(c), for “his” substitute “its”;
f
in subsection (5)(c), after “home” insert “in England”;
g
after subsection (11) insert—
11A
But subsections (1), (4) and (6) do not apply if—
a
the Appropriate National Authority is the Welsh Ministers; and
b
the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)).
h
after subsection (13) insert—
14
In this section “Appropriate National Authority” means—
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers.
i
in the heading, for “Secretary of State” substitute “the Appropriate National Authority”.
5
In section 105(1)4, in the definition of “children’s home”, for paragraph (b) substitute—
b
means a place in Wales at which—
i
a care home service is provided wholly or mainly to children, or
ii
a secure accommodation service is provided,
and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
Water Industry Act 1991 (c. 56)6
In Schedule 4A5 to the Water Industry Act 1991, after paragraph 9 insert—
9A
Premises in Wales at which a secure accommodation service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided.
Taxation of Chargeable Gains Act 1992 (c. 12)7
1
Section 225D6 of the Taxation of Chargeable Gains Act 1992 is amended as follows.
2
In subsection (1)—
a
in paragraph (a), omit “and Wales”;
b
after paragraph (a) insert—
aa
in Wales, pursuant to arrangements which constitute or form part of an adult placement service,
3
In subsection (4), for the definition of “adult placement service”7 substitute—
“adult placement service”—
- a
in relation to Scotland, has the meaning given by paragraph 11 of Schedule 12 to the Public Services Reform (Scotland) Act 2010, and
- b
in relation to Wales, has the meaning given by paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Care Standards Act 2000 (c. 14)
8
The Care Standards Act 2000 is amended as follows.
9
In section 22—
a
in subsection (1)(b)(ii)8, for “, (7)” to the end substitute “or (7) in so far as relevant to those establishments and agencies.”;
b
in subsection (2)(e)9, omit “or section 81 of the Social Services and Well-being (Wales) Act 2014”;
c
in subsection (7)10, omit paragraph (m);
d
in subsection (8)(b)11, omit the words from “and section 119” to “restricting liberty)” in the first place they occur.
10
In section 30ZA(3)12—
a
omit “, or” immediately following paragraph (a);
b
omit paragraph (b).
11
In section 30A(2)13—
a
omit “, or” immediately following paragraph (c);
b
omit paragraph (d).
12
In section 43(3)14, omit paragraph (b)(ii).
13
In section 7815—
a
in subsection (2), after paragraph (a) insert—
aa
regulated services within the meaning of section 2 of the 2016 Act;
b
in subsection (3), after paragraph (a) insert—
aa
in the case of the services mentioned in subsection (2)(aa), the person registered under section 7 of the 2016 Act in respect of the regulated service is to be treated as the provider of the services;
c
after subsection (5) insert—
5A
In the case of services mentioned in subsection (2)(aa), where a service is provided at, from or in relation to two or more places, the service is to be treated as a separate service in relation to each place where it is provided at, from or in relation to for the purposes of this Part.
d
for subsection (8) substitute—
8
In this section—
“the 2016 Act” means the Regulation and Inspection of Social Care (Wales) Act 2016;
“relevant adoption functions” means the functions of local authorities in Wales under the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children or the provision of adoption support services (as defined in section 2(6) of that Act);
“relevant fostering functions” means the functions of local authorities in Wales under section 81 of the Social Services and Well-being (Wales) Act 2014 or regulations made under or by virtue of any of sections 87, 92(1)(a), (b), (d) or (e) or 93 of that Act in connection with placements with local authority foster parents.
Adoption and Children Act 2002 (c. 38)
14
The Adoption and Children Act 2002 is amended as follows.
15
In section 2—
a
for subsection (2) substitute—
2
In this Act, “registered adoption society” means—
a
in relation to England, a voluntary organisation which is an adoption society registered under Part 2 of the Care Standards Act 2000 (c. 14), or
b
in relation to Wales, a voluntary organisation which is an adoption society registered as a provider in Wales of an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2),
but in relation to the provision of any facility of the Adoption Service, references to a registered adoption society or to an adoption agency do not include an adoption society which is not registered in respect of that facility.
b
in subsection (4), after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.
16
In section 6, after “Care Standards Act 2000 (c. 14)” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”.
17
In section 7(1)(b), after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.
18
Omit section 1616.
19
In section 63(4)—
a
at the beginning of paragraph (c) insert “in relation to England,”;
b
after paragraph (c) insert—
d
in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
20
In section 98(7)17, for the definition of “registered adoption support agency” substitute—
“registered adoption support agency” means—
- a
in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14), or
- b
in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
21
In section 144(1), for the definition of “registration authority” substitute—
“registration authority” (in Part 1)—
- a
in relation to England, has the same meaning as in the Care Standards Act 2000 (c. 14), and
- b
in relation to Wales, means the Welsh Ministers,
22
In Schedule 2, for paragraph 2(2) substitute—
2
In sub-paragraph (1)(b), “registered adoption support agency” means—
a
in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14), or
b
in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Sexual Offences Act 2003 (c. 42)
23
The Sexual Offences Act 2003 is amended as follows.
24
In section 21(4)18, after paragraph (g) insert—
h
premises in Wales at which a secure accommodation service is provided,
25
In section 22(5)19, in the appropriate place insert—
“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;
Safeguarding Vulnerable Groups Act 2006 (c. 47)
26
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
27
In section 6(4)(b)(ii)20, for “section 11 of the Care Standards Act 2000” substitute “Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).”
28
In Schedule 7—
a
in paragraph 121, in entry number 14 of Column 1 of the table—
i
after “adult placement scheme” insert “or provides an adult placement service”;
ii
after “the scheme” insert “or service”;
c
after paragraph 6 insert—
7
An adult placement service, in relation to Wales, has the meaning given in paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Social Services and Well-being (Wales) Act 2014 (anaw 4)29
In section 197(1)23 of the Social Services and Well-being (Wales) Act 2014, in the definition of “children’s home”, for paragraph (b) substitute—,
b
a place in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—
i
a care home service (within the meaning of paragraph 1 of Schedule 1 to that Act) wholly or mainly to children, or
ii
a secure accommodation service (within the meaning of paragraph 2 of Schedule 1 to that Act);
Criminal Justice and Courts Act 2015 (c. 2)
30
The Criminal Justice and Courts Act 2015 is amended as follows.
31
In section 22(8)—
a
in the definition of “registered adoption society”, after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”;
b
in the definition of “registered adoption support agency”, after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.
32
In Schedule 424—
a
in paragraph 1(1)(ca)—
i
at the end of sub-paragraph (i) omit “or”;
ii
at the end of sub-paragraph (ii) insert—
or
iii
a secure accommodation service;
b
in paragraph 4, at the appropriate place insert—
“secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.
Counter-Terrorism and Security Act 2015 (c. 6)33
1
Part 1 of Schedule 725 to the Counter-Terrorism and Security Act 2015 is amended as follows.
2
Under the heading “Education, child care etc”26, in the entry beginning “A person registered under Part 1”—
a
at the end of paragraph (a) omit “or”;
b
after paragraph (b) insert—
c
a secure accommodation service, or
d
a fostering service,
Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)34
1
Part 1 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 is amended as follows.
2
In paragraph 5—
a
for sub-paragraph (a) substitute—
a
in subsection (1)(b), for “in any other case” substitute “in the case of establishments and agencies mentioned in subsection (1B)”
b
for sub-paragraph (c) substitute—
c
after subsection (1A), insert—
1B
The establishments mentioned in subsection (1)(b) are—
a
independent hospitals in Wales;
b
independent clinics in Wales;
c
independent medical agencies in Wales.
(This note is not part of the Regulations)