Regulation and Inspection of Social Care (Wales) Act 2016

PART 1REGULATION OF SOCIAL CARE SERVICES

CHAPTER 1INTRODUCTION

1Overview of Part 1

2Meaning of “regulated service”

3Other key terms

4General objectives

CHAPTER 2REGISTRATION ETC. OF SERVICE PROVIDERS

Requirement to register

5Requirement to register

Application for, variation of and cancellation of registration

6Application for registration as a service provider

7Grant or refusal of registration as a service provider

8Duration of domiciliary support visits

9Fit and proper person: relevant considerations

10Annual return

11Application for variation of registration as a service provider

12Grant or refusal of application for variation

13Variation without application

14Application for cancellation of registration as a service provider

15Cancellation without application

Notice requirements

16Improvement notices

17Notice of decision following improvement notice

18Notice of proposal

19Notice of decision following notice of proposal

20Notice of decision without notice of proposal

Responsible individuals

21Responsible individuals

22Cancellation of designation of a responsible individual

Urgent action

23Urgent cancellation or variation of services or places

24Urgent cancellation or variation: notification and appeals

25Urgent variation of registration: other conditions

Regulations and guidance

27Regulations about regulated services

28Regulations about responsible individuals

29Guidance about regulations under sections 27 and 28

30Regulations about service providers who are liquidated etc.

31Regulations about service providers who have died

CHAPTER 3INFORMATION AND INSPECTIONS

32Power to require information

33Inspections and inspectors

34Powers of inspector to enter and inspect premises

35Powers of inspector to interview and examine persons

36Inspection reports

37Inspection ratings

CHAPTER 4GENERAL FUNCTIONS

38Register of service providers

39Notifying local authorities of certain action taken under this Part

40Charging fees

41Engagement with the public

42Annual report on regulatory functions

CHAPTER 5OFFENCES AND PENALTIES

43Failure to comply with a condition

44False descriptions

45Failure by service provider to comply with requirements in regulations

46Failure by responsible individual to comply with requirements in regulations

47False statements

48Failure to submit annual return

49Failure to provide information

50Offences related to inspections

51Penalties upon conviction

52Penalty notices

53Offences by bodies corporate

54Offences by unincorporated bodies

55Proceedings for offences

CHAPTER 6LOCAL AUTHORITY SOCIAL SERVICES

56Reports by local authorities and general duty of the Welsh Ministers

57Reviews, investigations and inspections

58Regulation of local authority functions relating to looked after and accommodated children

CHAPTER 7MARKET OVERSIGHT

59Specifying criteria for application of market oversight regime

60Determining whether criteria apply to service provider

61Assessment of financial sustainability of service provider

62Informing local authorities where failure of service provider likely

63National market stability report

CHAPTER 8INTERPRETATION

64Interpretation of this Part

PART 2OVERVIEW AND INTERPRETATION OF PARTS 3 TO 8

65Overview of Parts 3 to 8

66Interpretation of Parts 3 to 8

PART 3SOCIAL CARE WALES

Continuation of the Care Council for Wales and its renaming

67Social Care Wales

SCW's objectives

68SCW's objectives

Advice and assistance

69Advice and assistance in relation to care and support services

70Studies as to economy, efficiency etc.

Engagement with the public etc.

71Engagement with the public and social care workers

Policy with respect to bringing criminal proceedings

72Statement of policy with respect to bringing criminal proceedings

Rules made by SCW under this Act

73Rules: general

Consultation before making rules etc.

75Consultation before making rules etc.

Guidance and directions

Default powers of the Welsh Ministers

78Default powers of the Welsh Ministers

PART 4SOCIAL CARE WORKERS

Meaning of “social care worker” etc.

79Meaning of “social care worker” etc.

81Duty to appoint a registrar

Registration in the social worker part or an added part of the register

82Application for registration

“Appropriately qualified”

84“Appropriately qualified”

85Qualifications gained outside Wales

Renewal of registration in the social worker part or an added part of the register

86Renewal of registration

87Lapse of registration

Dealing with applications for registration or renewal

88Rules about applications for registration or renewal

89Notice of decisions in respect of registration or renewal

Visiting social workers

90Visiting social workers from relevant European States

Information to be contained on the register

91Content of the register

Removal of entries from the register

92Removal by agreement

93Death of a registered person

94Entries based on false or misleading information

Restoring an entry to the register

95Duty to restore a register entry

96Power to restore a register entry

97Restoration following fitness to practise proceedings

98Restoration proceedings

99Review of suspension of right to apply for restoration

100Rules about applications under section 96 and 97

Appeals to a registration appeals panel

101Appeals against decisions of the registrar

102Appeals to the registration appeals panel: procedure

103Decisions on appeal to the registration appeals panel

Appeals to the tribunal

104Appeals against decisions of a registration appeals panel

105Other appeals: decisions made under the General Systems Regulations

Notifying the registrar of changes to information etc.

106Duty to notify the registrar of changes to registration information

107Requests for information relating to fitness to practise

Duty to publish the register etc.

108Publication etc. of the register

109Publication of certain registration appeal panel decisions

110List of persons removed from the register

Protection of title “social worker” etc.

111Use of title “social worker” etc.

PART 5SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION ETC.

112Codes of practice

113Continuing professional development

114Approval of courses etc.

115Inspections in connection with certain courses

116Other functions of SCW in respect of education and training

PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 1GROUNDS OF IMPAIRMENT

117Fitness to practise

CHAPTER 2PRELIMINARY PROCEDURES

Preliminary consideration of allegations etc.

118Referral of allegations etc. of impaired fitness to practise

119Preliminary consideration

120Eligibility for onward referral

121Direct referral to a fitness to practise panel

122Notice: ineligibility for onward referral

123Notice: onward referral

124Notice: referral to an interim orders panel

Investigation

125Duty to investigate

126Powers following an investigation

127Notice: referral or disposal

129Undertakings

131Review of decisions by SCW

132Cancellation of referral to fitness to practise panel

133Referral by SCW for review proceedings

CHAPTER 3DISPOSAL OF FITNESS TO PRACTISE CASES

134Scope and interpretation of Chapter 3

135Removal from register on consensual basis

136Other consensual disposal by fitness to practise panel: undertakings

137Disposals by fitness to practise panel: finding of no impairment

138Disposals by fitness to practise panel: finding of impairment

139Disposals: further provision about conditional registration and suspension orders

140Immediate orders for conditional registration or suspension

141Fitness to practise decisions: notification and taking effect

142Regulations about disposals by fitness to practise panels

CHAPTER 4INTERIM ORDERS AND REVIEW OF INTERIM ORDERS

143Scope and interpretation of Chapter 4

144Interim orders

145Appeals against interim orders

146Reviews of interim orders: timing

147Reviews of interim order: possible decisions

148Extension of interim order by the tribunal

149Revocation of interim orders

CHAPTER 5REVIEW PROCEEDINGS

150Review proceedings: interpretation and general

151Review proceedings

152Review of undertakings: disposals by fitness to practise panel

153Review of conditional registration orders: disposals by fitness to practise panel

154Review of suspension orders: disposals by fitness to practise panel

155Review of indefinite suspension orders

156Reviews: further provision about conditional registration and suspension orders

157Decisions in review cases: notification and taking effect

CHAPTER 6APPEALS AND REFERRALS TO THE TRIBUNAL

158Appeals against decisions of a fitness to practise panel

CHAPTER 7GENERAL AND SUPPLEMENTARY

159Disclosure of information about fitness to practise

160Power to require information

161Publication of fitness to practise decisions

162Guidance about fitness to practise

163Suspension: supplementary

164Meaning of “registered person” in Part 6

PART 7ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS

165Designation of regulated activity

166Conditions for making a prohibition order

167Interim prohibition orders

168Prohibition orders: supplementary provision

169Interim prohibition orders: review

Supplementary provision

172List of prohibited persons

173Standards of conduct

PART 8SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

174Duty to establish panels etc.

175Proceedings before panels

PART 9CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

176The regulatory bodies

177Relevant authorities

178Co-operation in the exercise of functions

179Joint exercise of functions

180Delegating functions to another regulatory body

181Sharing information

182Sharing information to protect well-being

PART 10MISCELLANEOUS AND GENERAL

184Service of documents etc.

PART 11FINAL PROVISIONS

185Minor and consequential amendments

186Power to make consequential etc. provision

187 Regulations under this Act

188Coming into force

189General interpretation

SCHEDULE 1REGULATED SERVICES: DEFINITIONS

Care home services

1(1) A “care home service” is the provision of accommodation,...

Secure accommodation services

2A “secure accommodation service” is the provision of accommodation for...

Residential family centre services

3(1) A “residential family centre service” is the provision of...

Adoption services

4An “adoption service” is a service provided in Wales by—...

Fostering services

5A “fostering service” means any service provided in Wales by...

Adult placement services

6(1) An “adult placement service” means a service carried on...

Advocacy services

7(1) An “advocacy service” is a service specified for the...

Domiciliary support services

8(1) A “domiciliary support service” is the provision of care...

Interpretation

9In this Schedule— “hospital” (“ysbyty”) means— a health service hospital...

SCHEDULE 2SOCIAL CARE WALES

1(1) SCW is not to be regarded as a servant...

PART 2MEMBERSHIP

2(1) SCW is to consist of— (a) a member to...

Remuneration etc. of members

3(1) SCW may pay to its members such remuneration, expenses...

Term of office

4A person appointed as a member of SCW holds office...

5(1) The chairing member may resign by giving written notice...

6(1) The Welsh Ministers may by written notice dismiss the...

PART 3GENERAL POWERS

7(1) SCW may establish committees. (2) Committees established under sub-paragraph...

8(1) SCW may arrange for any of its functions to...

Supplementary powers

9SCW may do anything which is calculated to facilitate, or...

PART 4PROCEEDINGS ETC.

10(1) SCW is to regulate its own procedure (including quorum);...

Application of seal

11(1) SCW may have a seal. (2) The application of...

12A document purporting to be duly executed under the seal...

PART 5CHIEF EXECUTIVE AND OTHER STAFF

Chief executive and other staff

13(1) SCW must appoint a chief executive.

PART 6FINANCIAL MATTERS AND ANNUAL REPORTS ETC.

Payments by the Welsh Ministers

14The Welsh Ministers may make payments to SCW of such...

Accounting officer

15(1) The chief executive is to act as SCW's accounting...

Accounts and audit

16(1) SCW must for each financial year—

Annual reports etc.

17(1) No later than 30 November after the end of...

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1REGULATION OF SERVICES

Care Standards Act 2000

1The Care Standards Act 2000 (c.14) is amended as follows....

2In section 1— (a) in subsection (1), at the end...

3In section 3— (a) in subsection (1), after “establishment” insert...

4In section 4— (a) in subsection (2), after “establishment” insert...

5In section 5— (a) in subsection (1)(b), for “in any...

6In section 8(6)— (a) in paragraph (a), for “section 5(b)”...

7In section 14(2), after paragraph (f) insert—

8In section 22— (a) in subsection (1), for paragraph (b)...

9In section 22B— (a) in subsection (1), for “registration authority”...

10In section 23, after subsection (1) insert—

11In section 30A— (a) in subsection (1), after “agency” insert...

12Section 36A is repealed.

13In section 42— (a) for subsection (2) substitute—

14In section 43, after subsection (1) insert—

15In section 50(1), for “registration authority” substitute “ CIECSS ”....

16Section 79(3) is repealed.

Health and Social Care (Community Health and Standards) Act 2003

17The Health and Social Care (Community Health and Standards) Act...

18Chapter 6 of Part 2 (social services: functions of the...

19In section 142, in paragraph (a)— (a) in sub-paragraph (i),...

20In section 143(2), paragraph (b) is repealed.

Public Audit (Wales) Act 2004

21The Public Audit (Wales) Act 2004 (c.23) is amended as...

22In section 41(6) (co-operation between the Auditor General for Wales...

23In section 42(4) (co-operation between the Auditor General for Wales...

Children Act 2004

24In section 30 of the Children Act 2004 (c.31) (inspection...

Public Services Ombudsman (Wales) Act 2005

25The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended...

26In section 34R (meaning of “care home” and “care home...

27In section 42(4A) (meaning of “former care home provider”), for...

Safeguarding Vulnerable Groups Act 2006

28In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable...

Social Services and Well-being (Wales) Act 2014

29The 2014 Act is amended as follows.

30In section 1 (overview)— (a) in subsection (9)—

31Section 183 (publicising advocacy services in care homes) is repealed....

32In section 188(1) (definitions for the purposes of sections 185...

33In section 189 (provider failure: temporary duty on local authority)—...

34In section 190(1) (provider failure: exception to temporary duty), for...

35In section 191 (provider failure: supplementary)— (a) in subsection (6),...

36In section 197(1) (definitions)— (a) in the definition of “care...

PART 2SOCIAL CARE WALES

Mental Health Act 1983

37The Mental Health Act 1983 (c.20) is amended as follows....

38In section 114A (approval of courses for mental health professionals:...

39In section 130H(7)(b) (independent mental health advocates for Wales: supplementary...

Care Standards Act 2000

40The Care Standards Act 2000 (c.14) is amended as follows....

41The following provisions are repealed— (a) sections 56 (the register)...

42In section 55 (interpretation)— (a) for subsections (2), (3) and...

43In section 67 (functions of the appropriate Minister)—

44In Schedule 2A (persons subject to review by the Children's...

Adoption and Children Act 2002

45The Adoption and Children Act 2002 (c.38) is amended as...

46In section 10(2) (management etc. of agencies), for “section 56(1)...

Public Audit (Wales) Act 2004

47The Public Audit (Wales) Act 2004 (c.23) is amended as...

48In section 41 (studies for improving economy etc. in services),...

Public Services Ombudsman (Wales) Act 2005

49The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended...

50In Schedule 3 (listed authorities), for “The Care Council for...

Commissioner for Older People (Wales) Act 2006

51The Commissioner for Older People (Wales) Act 2006 (c.30) is...

52In Schedule 2 (persons whose functions are subject to review...

Safeguarding Vulnerable Groups Act 2006

53The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as...

54In section 41 (registers: power to refer information to the...

55In Part 3 of Schedule 3 (barred lists: supplementary provision)—...

56In Part 2 of Schedule 4 (regulated activity in relation...

Health and Social Care Act 2008

57The Health and Social Care Act 2008 (c.14) is amended...

58The following provisions are repealed— (a) section 124 (regulation of...

PART 3MISCELLANEOUS

Public Services Ombudsman (Wales) Act 2005

59In section 33 of the Public Services Ombudsman (Wales) Act...

Social Services and Well-being (Wales) Act 2014

60The 2014 Act is amended as follows.

61In the Welsh text of section 21(3)(b) (duty to assess...

62In section 42 (duty to meet support needs of a...

63In the Welsh text of section 46(3) (exception for persons...

64In the Welsh text of section 147(3) (departure from requirements...

65In section 197(1) (general interpretation), in the definition of “voluntary...

Welsh Royal arms

Regulation and Inspection of Social Care (Wales) Act 2016

2016 anaw 2

An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes.

[18 January 2016]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: