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82. The Regulated Services (Penalty Notices) (Wales) Regulations 2019(1) are amended as follows—
(a)in regulation 2, after the definition of “the Fostering Services Regulations” insert “the Special School Residential Services Regulations (“y Rheoliadau Gwasanaethau Preswyl Ysgolion Arbennig”) means the Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024;”;
(b)after regulation 9, insert—
9A.—(1) The offences under the provisions of the Special School Residential Services Regulations listed in the first column of the table in Schedule 6 are prescribed as offences for the purposes of section 52(1) of the Act.
(2) The second column of the table in Schedule 6 contains a description of the general nature of the prescribed offence.
(3) The amount of the penalty to be paid for each offence is specified in the third column of the table in Schedule 6.”;
(c)after Schedule 5, insert—
Regulation 9A
Provision creating offence | General nature of the offence | Amount of penalty |
---|---|---|
Regulation 3(3) and (5) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the statement of purpose | An amount corresponding to two and a half times level 4 on the standard scale |
Regulation 7(3) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the financial sustainability of the service | An amount corresponding to level 4 on the standard scale |
Regulation 8(1) and (2) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements to have in place specified policies and procedures | An amount corresponding to level 4 on the standard scale |
Regulation 15(1), (2) and (3) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the provision of information about the service | An amount corresponding to two times level 4 on the standard scale |
Regulation 16(1) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the provision of a service agreement | An amount corresponding to level 4 on the standard scale |
Regulation 31(1) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the fitness of staff | An amount corresponding to two and a half times level 4 on the standard scale |
Regulation 34(1) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the provision of information for staff | An amount corresponding to two times level 4 on the standard scale |
Regulation 51(1) and (2) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to records | An amount corresponding to two times level 4 on the standard scale |
Regulation 52(1), (2) and (4) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to notifications | An amount corresponding to two times level 4 on the standard scale |
Regulation 58(1) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the duty of a responsible individual to appoint a manager | An amount corresponding to two and a half times level 4 on the standard scale |
Regulation 65(1) and (2) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the duty of a responsible individual to report on the adequacy of resources | An amount corresponding to two times level 4 on the standard scale |
Regulation 66(1) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the making by a responsible individual of other reports to the service provider | An amount corresponding to two times level 4 on the standard scale |
Regulation 71(4) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the preparation by a responsible individual of a report in respect of a quality of care review | An amount corresponding to two times level 4 on the standard scale |
Regulation 72(1) of the Special School Residential Services Regulations | Contravention of, or failure to comply with, requirements in relation to the preparation by a responsible individual of a statement of compliance with the requirements as to standards of care and support | An amount corresponding to two times level 4 on the standard scale |
Regulation 75(1) and (3) of the Special School Residential Services Regulations | Contravention of, or failure to comply with requirements in relation to the responsible individual’s duty to make notifications to the service regulator | An amount corresponding to two times level 4 on the standard scale” |
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