The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017

Application of Part 13 E+W

49.— [F1 (1) This Part applies to service providers who are registered to provide an accommodation-based service where—

(a) (i) the service involves the provision of accommodation to five or more individuals, and

(ii) the premises used for the provision of the service fall within one of the categories in paragraph (2), or

(b) the service providers are persons to whom regulation 49A(1) or regulation 49B(1) applies.]

(2) The categories are—

• Category A: The premises used for the provision of the service consist of a new building or an existing building which has been converted for the purpose of providing the service, and, in either case, the building has not previously been used for the purpose of providing an accommodation-based service.

• Category B: The premises consist of [F2 a building or buildings to which an extension is added and the extension] is used for the purpose of providing the service at a place specified as a condition to the service provider's registration.

• [F3 Category C: The premises consist of a building which was unoccupied immediately prior to the service provider’s registration but was previously used for any of the following purposes—

  (a)

  for the purpose of providing an accommodation-based service at a place specified as a condition to the registration of another service-provider;

  (b)

  as an establishment in respect of which a person was registered under Part 2 of the Care Standards Act 2000 to provide accommodation in a children’s home, a care home, or a residential family centre;

  (c)

  as an establishment in respect of which a person was registered under Part 1 or 2 of the Registered Homes Act 1984 to provide residential accommodation for persons in need of personal care (by reason of old age, disablement, drug or alcohol dependence or mental disorder);

  (d)

  as an establishment in respect of which a person was registered in a register kept for the purposes of section 60 of the Children Act 1989, or under Part 8 of that Act, to provide residential accommodation for children.]

(3) If this Part applies, the service provider must ensure that the requirements of regulations 50 to 54 are complied with [F4 but in the case of Category B premises, the requirements only apply to the part of the premises comprising the extension (or in the case of regulation 53, to any parts of the external grounds developed in conjunction with the extension)].

[F5 (4) In this regulation—

(a) “accommodation-based service” means a care home service, a secure accommodation service or a residential family centre service;

(b) “children’s home”, “care home” and residential family centre” have the meanings respectively given in sections 1, 3 and 4 of the Care Standards Act 2000 as it had effect in Wales immediately before 1 April 2017.]

Textual Amendments

F1 Reg. 49(1) substituted (31.3.2024) by The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2024 (S.I. 2024/407), regs. 1(2), 5 (with reg. 9)

F2 Words in reg. 49(2) substituted (1.4.2019) by The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019 (S.I. 2019/757), regs. 1(2), 10(a)

F3 Words in reg. 49(2) substituted (1.11.2022) by The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) and (Coronavirus) (Revocation) Regulations 2022 (S.I. 2022/1074), regs. 1(2), 8(a) (with reg. 9)

F4 Words in reg. 49(3) inserted (1.4.2019) by The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019 (S.I. 2019/757), regs. 1(2), 10(b)

F5 Reg. 49(4) substituted (1.11.2022) by The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) and (Coronavirus) (Revocation) Regulations 2022 (S.I. 2022/1074), regs. 1(2), 8(b) (with reg. 9)