The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

Title, commencement and interpretation

1.—(1) The title of these Regulations is the Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019.

(2) These Regulations come into force on 29 April 2019.

(3) In these Regulations—

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

“advocacy” (“eiriolaeth”) means assistance given to help a person represent their views;

“advocacy plan” (“cynllun eirioli”) means the plan prepared by the service provider in relation to an individual in accordance with regulation 12;

“child” (“plentyn”) means a person who is aged under 18;

“DBS” (“GDG”) or “the Disclosure and Barring Service” (“y Gwasanaeth Datgelu a Gwahardd”) mean the body established by section 87(1) of the Protection of Freedoms Act 2012(1);

“DBS certificate” (“tystysgrif GDG”) means a certificate of a type referred to in paragraph 2 or 3 of Schedule 1;

“individual” (“unigolyn”), except where the context otherwise requires, means a person for whom the service provider is providing, or has provided advocacy, or for whom the service provider may provide advocacy;

“representative” (“cynrychiolydd”) means any person having legal authority, or having the consent of the individual to act on the individual’s behalf;

“service” (“gwasanaeth”) means an advocacy service as defined in regulation 2 which is provided in relation to a specified area;

“service commissioner” (“comisiynydd y gwasanaeth”) means a local authority which is responsible for making arrangements with a service provider for the provision of assistance to a child or person under section 178(1) of the 2014 Act(2);

“service provider” (“darparwr gwasanaeth”) means an advocacy service provider who is registered under section 7 of the Act;

“service regulator” (“rheoleiddiwr gwasanaethau”) means the Welsh Ministers in exercise of their regulatory functions(3);

“specified area” (“ardal benodedig”) means an area which is specified in a condition to the service provider’s registration as a place in relation to which the service is to be provided;

“statement of purpose” (“datganiad o ddiben”) means the statement of purpose for the service which a service provider must keep under review and revise in accordance with regulation 4(4).

(1)

2012 c. 9.

(2)

“The 2014 Act” is defined in section 189 of the Act as the Social Services and Well-Being (Wales) Act 2014 (anaw 4).

(3)

“Regulatory functions” are defined in section 3(1)(b) of the Act.

(4)

The contents of the statement of purpose are prescribed in regulation 4 of, and Schedule 2 to, the Regulated Services (Registration) (Wales) Regulations 2017 (S.I. 2017/1098 (W. 278)).