Point in time view as at 01/12/2020.
There are currently no known outstanding effects for the Regulation and Inspection of Social Care (Wales) Act 2016, CHAPTER 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Modifications etc. (not altering text)
C1Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/165), regs. 1(2), 58(3)
C2Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/169), regs. 1(2), 71
C3Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/762), regs., 57(3)
C4Pt. 1 applied (with modifications) (29.4.2019) by The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/163), regs. 1(2), 67(3)
(1)It is an offence for a service provider to fail to comply with any condition relating to the provider's registration which is for the time being in force by virtue of this Part.
(2)But a service provider does not commit an offence under subsection (1) by failing to have a responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service if—
(a)the time limit prescribed under section 11(2) has not expired (prescribed time limit for applying to designate a new responsible individual), or
(b)that time limit has expired but the service provider made the application for variation within the time limit and the Welsh Ministers have not made a decision on it.
Commencement Information
I1S. 43 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)It is an offence for a person to, with intent to deceive another—
(a)pretend to be a service provider,
(b)pretend that a place is one at, from or in relation to which a regulated service is provided, or
(c)pretend to be a responsible individual.
(2)Any of the following may (among other things) be an act constituting an offence under subsection (1)—
(a)applying a name to a service or place to give the impression that it is specified in a service provider's registration when it is not;
(b)describing a service or place in a manner intended to give that impression;
(c)holding a service out to be a regulated service specified in a service provider's registration when it is not;
(d)holding a place out to be a place specified in a service provider's registration when it is not;
(e)acting in a manner that gives the impression of being a responsible individual when not designated as one.
Commencement Information
I2S. 44 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
The Welsh Ministers may by regulations provide that it is an offence for a service provider to fail to comply with a specified provision of regulations made under section 27 or 37(2)(a).
Commencement Information
I3S. 45 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
The Welsh Ministers may by regulations provide that it is an offence for a responsible individual to fail to comply with a specified provision of regulations made under section 28.
Commencement Information
I4S. 46 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
It is an offence for a person to make a statement which the person knows is false or materially misleading in—
(a)an application for registration as a service provider,
(b)an application for variation or cancellation of registration,
(c)an annual return submitted under section 10, or
(d)responding to a requirement imposed by the Welsh Ministers under section 32(1) (requirement to provide information).
Commencement Information
I5S. 47 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
It is an offence for a service provider to fail to submit an annual return to the Welsh Ministers within the time limit prescribed under section 10(4).
Commencement Information
I6S. 48 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)It is an offence for a person to fail to comply with a requirement imposed on the person by the Welsh Ministers under section 32(1).
(2)It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse for failing to comply with the requirement.
Commencement Information
I7S. 49 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)It is an offence for a person to—
(a)intentionally obstruct an inspector exercising any function conferred on an inspector by Chapter 3, or
(b)fail to comply with any requirement imposed on the person by an inspector exercising such a function.
(2)It is a defence for a person charged with an offence under subsection (1)(b) to show that the person had a reasonable excuse for failing to comply with the requirement.
Commencement Information
I8S. 50 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)A person guilty of an offence under section 5, 43, 44, 47, 49 or 50 or under regulations made under section 45 or 46 is liable—
(a)on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both;
(b)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both.
(2)A person guilty of an offence under section 48 is liable on summary conviction to a fine.
Commencement Information
I9S. 51 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)The Welsh Ministers may give a penalty notice to a person if they are satisfied that the person has committed a prescribed offence.
(2)Only offences under sections 47, 48 or 49 or under regulations made under section 45 or 46 may be so prescribed.
(3)A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment to the Welsh Ministers of a sum specified in the notice in accordance with the terms of the notice.
(4)Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be brought before the end of such period as may be specified in the notice.
(5)If a person who is given a penalty notice pays the sum specified in the notice in accordance with the terms of the notice, the person cannot be convicted of the offence to which the notice relates.
(6)The Welsh Ministers may by regulations make provision—
(a)as to the form and content of penalty notices;
(b)as to the sum payable under a penalty notice and the time within which it is to be paid (including provision permitting a different sum to be payable in relation to different offences and according to the time by which it is paid);
(c)determining the ways in which a sum may be paid;
(d)as to the records to be kept in relation to penalty notices;
(e)about the circumstances in which a penalty notice may be withdrawn, including provision about—
(i)the repayment of any sum paid before a notice is withdrawn, and
(ii)the circumstances in which proceedings for an offence may not be brought despite the withdrawal of a notice.
(7)Regulations under subsection (6)(b) may not make provision for a sum to be payable under a penalty notice which exceeds two and a half times level 4 on the standard scale.
Commencement Information
I10S. 52 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)This section applies where an offence under this Part or under regulations made under it is committed by a body corporate.
(2)A person mentioned in subsection (3) also commits the offence if the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, that person.
(3)Those persons are—
(a)a director, manager, secretary or other similar officer of the body corporate,
(b)where a body corporate's affairs are managed by its members, a member, or
(c)any person purporting to act in any of those capacities.
(4)Where a body corporate is a local authority, the reference in subsection (3) to a director, manager or secretary of the body is to be read as a reference to an officer or member of the authority.
Modifications etc. (not altering text)
C5S. 53 applied by 2014 anaw 4, s. 94B(3) (as inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 58, 188(1); S.I. 2017/1326, art. 2(3)(f))
C6S. 53 applied by 2014 anaw 4, s. 161C(5) (as substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 57(2), 188(1); S.I. 2019/864, art. 2(3)(c))
Commencement Information
I11S. 53 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)This section applies to offences under this Part and under regulations made under it.
(2)Proceedings for an offence alleged to have been committed by an unincorporated body may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.
(3)Any fine imposed on an unincorporated body on its conviction of an offence is to be paid out of the funds of that body.
(4)If an unincorporated body is charged with an offence, section 33 of the Criminal Justice Act 1925 (c.86) and Schedule 3 to the Magistrates' Courts Act 1980 (c.43) have effect as if a body corporate had been charged.
Modifications etc. (not altering text)
C7S. 54 applied by 2014 anaw 4, s. 94B(3) (as inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 58, 188(1); S.I. 2017/1326, art. 2(3)(f))
C8S. 54 applied by 2014 anaw 4, s. 161C(5) (as substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 57(2), 188(1); S.I. 2019/864, art. 2(3)(c))
Commencement Information
I12S. 54 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
(1)Proceedings in respect of an offence under this Part or regulations made under it may not, without the written consent of the Counsel General to the Welsh Government, be brought by any person other than the Counsel General or the Welsh Ministers.
(2)Summary proceedings in respect of an offence under this Part or regulations made under it must be brought within the period of 12 months beginning on the date on which sufficient evidence to warrant the proceedings came to the prosecutor's knowledge.
(3)But no such proceedings may be brought more than three years after the offence is committed.
Modifications etc. (not altering text)
C9S. 55 applied by 2014 anaw 4, s. 94B(3) (as inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 58, 188(1); S.I. 2017/1326, art. 2(3)(f))
C10S. 55 applied by 2014 anaw 4, s. 161C(5) (as substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 57(2), 188(1); S.I. 2019/864, art. 2(3)(c))
Commencement Information
I13S. 55 in force at 2.4.2018 by S.I. 2017/1326, art. 2(3)(e)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: