The Regulated Services (Annual Returns) (Wales) (Amendment) (Coronavirus) Regulations 2020

Welsh Statutory Instruments

2020 No. 486 (W. 111)

Social Care, Wales

The Regulated Services (Annual Returns) (Wales) (Amendment) (Coronavirus) Regulations 2020

Made

4 May 2020

Laid before the National Assembly for Wales

5 May 2020

Coming into force

26 May 2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 10(4) and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016(1).

Title and commencement

1.—(1) The title of these Regulations is the Regulated Services (Annual Returns) (Wales) (Amendment) (Coronavirus) Regulations 2020.

(2) These Regulations come into force on 26 May 2020.

Amendments to the Regulated Services (Annual Returns) (Wales) Regulations 2017

2.  The Regulated Services (Annual Returns) (Wales) Regulations 2017(2) are amended in accordance with regulations 3 and 4.

3.  Omit regulation 9A (time for submission of first annual returns).

4.  For regulation 10 (time limit for submission of annual returns) substitute—

“Time limit for submission of annual returns

10.— (1) An annual return relating to any of the financial years 2018-19, 2019-20 or 2020-21 must be submitted to the Welsh Ministers no later than 26 May 2021.

(2) An annual return relating to a subsequent financial year must be submitted to the Welsh Ministers within 56 days of the end of the financial year to which it relates.”

Julie Morgan

Deputy Minister for Health and Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers

4 May 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under powers given to the Welsh Ministers by the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“the Act”). They amend a particular requirement placed on registered providers of social care and are made in response to the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.

Part 1 of the Act places requirements on providers of the social care services that are regulated by the Act. They include a requirement in section 10 to submit an annual return to the Welsh Ministers. The Regulated Services (Annual Returns) (Wales) Regulations 2017 (S.I. 2017/1097 (W. 277)) (“the Annual Returns Regulations”) provide further details about the annual returns. They include provision made under section 10(4) about the dates by which the returns must be submitted.

These Regulations are made under section 10(4) of the Act and amend regulations 9A and 10 of the Annual Returns Regulations. Those regulations relate to the date by which annual returns have to be submitted. The effect of the amendments is that providers of all types of regulated services must submit annual returns relating to financial years 2018-19, 2019-20 and 2020-21 no later than 26 May 2021. Previously, service providers who are registered to provide a care home service, a secure accommodation service, a residential family centre service or a domiciliary support service were required to submit their first set of annual returns no later than 31 December 2020.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2016 anaw 2; see the definition of “prescribed” in section 189.

(2)

S.I. 2017/1097 (W. 277), amended by S.I. 2019/233 (W. 52).