The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019

Savings during transition period

7.—(1) During the transition period a CSA provider’s registration under the 2000 Act will continue and, notwithstanding any consequential amendments to the 2000 Act made by Part 1 of Schedule 3 to the Act which would otherwise exclude their application, the Part 2 provisions will continue to apply to—

(a) a CSA provider;

(b) the Welsh Ministers;

(c) the First-tier Tribunal;

(d) a Magistrates’ Court,

as if those consequential amendments had not been made.

(2) Section 16 of the Interpretation Act 1978(1) (general savings) applies in respect of the disapplication of the provisions of the 2000 Act to relevant establishments or agencies as it would if Part 2 of the 2000 Act were repealed.

(3) Where a CSA provider’s registration is subject to conditions immediately before the appointed day, those conditions will apply to the registration during the transition period.

(4) The Part 2 provisions are—

(a) sections 14, 14A, 15, 17(4) to (6), 18, 19(3) to (6), 20A, 20B, 21, 23(1), 23(4), 24, 24A, 25(2), 26, 28, 29, 30, 30A, 31, 32, 36, and 37 of the 2000 Act;

(b) such of the following regulations as apply to the agency in respect of which the CSA provider’s registration is maintained—

(i) the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003(2);

(ii) the Adoption Support Agencies (Wales) Regulations 2005(3);

(iii) the Fostering Services (Wales) Regulations 2003(4);

(iv) the Adult Placement Schemes (Wales) Regulations 2004(5);

(v) the Care Standards Act 2000 (Notification) (Wales) Regulations 2011(6);

(c) such of the National Minimum Standards made pursuant to section 23(1) of the 2000 Act as apply to the agency in question.

(1)

1978 c. 30.

(2)

S.I. 2003/367 as amended by S.I. 2005/3341, S.I. 2007/603 and S.I. 2013/235.

(3)

S.I. 2005/1514 (W. 118) as amended by S.I. 2006/3251 (W. 295) and S.I. 2013/235.

(4)

S.I. 2003/237 (W. 35) as amended by S.I. 2004/1016 (W. 113), S.I. 2005/3302, S.I. 2006/3251 (W. 295), S.I. 2010/746 (W. 75), S.I. 2012/2404, 2016/216 (W. 85) and 2016/481.

(5)

S.I 2004/1756 as amended by S.I. 2005/3302, S.I. 2006/3251 (W. 295), S.I. 2006/878 (W. 83), S.I. 2010/2585 (W. 217), S.I. 2012/2404, S.I. 2014/107 and 2016/481. References to adult placement schemes, and the application of the provisions in the 2000 Act to those schemes, should be read in conjunction with the modifications contained in the 2004 Regulations.

(6)

S.I. 2011/105 (W. 24).