2011 No. 1016 (W.153)
The Care Homes (Wales) (Miscellaneous Amendments) Regulations 2011
Made
Laid before the National Assembly for Wales
Coming into force
Title, commencement and application1
1
The title of these Regulations is the Care Homes (Wales) (Miscellaneous Amendments) Regulations 2011 and they come into force on 1 June 2011.
2
These Regulations apply in relation to Wales.
Interpretation2
Amendment of the principal Regulations3
1
The principal Regulations are amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation), insert in the appropriate place in the alphabetical order—
“required qualification” (“cymhwyster angenrheidiol”) means a qualification contained in a list maintained by the Welsh Ministers for the purposes of these Regulations;
3
In regulation 7 (fitness of registered provider)–
a
for paragraph (3)(c) substitute the following—
c
full and satisfactory information or documentation is available in relation to him or her in respect of the relevant matters specified in paragraph (4).
b
renumber the existing provision in paragraph (4) and (5) as paragraph (5) and (6) respectively;
c
after paragraph (3) insert the following—
4
The matters referred to in paragraph (3) are–
a
where the individual manages or intends to manage the care home—
i
except where paragraph (5) applies, in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2;
ii
where paragraph (5) applies—
aa
in respect of each of the matters specified in paragraphs 1 and 3 to 6 of Schedule 2, and
bb
notification has been received under section 113E(4)(a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act)5;
b
where the individual does not manage or intend to manage the care home—
i
except where paragraph (5) applies, in respect of each of the matters specified in paragraphs 1 to 5 and 6 of Schedule 2;
ii
where paragraph (5) applies—
aa
in respect of each of the matters specified in paragraphs 1, 3 to 5 and 6 of Schedule 2, and
bb
notification has been received under section 113E(4)(a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).
4
For paragraph (3) of regulation 8 (appointment of manager), substitute—
3
If the registered provider intends to manage the care home, that individual must—
a
comply with the requirements specified in regulation 9 (fitness of registered manager); and
b
forthwith give notice to the appropriate office of the Welsh Assembly Government of the date on which such management is to begin.
5
In regulation 9 (fitness of registered manager)—
a
in paragraph (2)—
i
in sub-paragraph (b)(ii), for “skills and experience” substitute “qualifications, skills and experience”, and
ii
in sub-paragraph (c), for “paragraph (3)” in each place it occurs, substitute “paragraph (7)”;
b
renumber the existing provision in paragraph (3) as paragraph (7);
c
after paragraph (2) insert—
3
Subject to paragraph (4), a reference to qualifications, skills and experience includes a requirement that the person must possess a required qualification.
4
Where a person, who does not hold a required qualification, was appointed as the manager of a care home before 1 June 2011, that person is not fit to manage a care home unless he or she obtains a required qualification not later than—
a
1 October 2011; or
b
such later date as the Welsh Ministers agree is reasonable in all the circumstances.
5
Nothing in paragraph (3) or (4) affects any requirement for a manager to possess other qualifications, skills or experience relevant to the matters set out in paragraph (2)(b).
6
A person is not fit to manage a care home unless the person is registered as a manager of a care home with the Care Council for Wales not later than—
a
1 October 2011; or
b
such later date as the Welsh Ministers agree is reasonable in all the circumstances.
6
In regulation 19 (fitness of workers)—
a
in paragraph (2)(d)(i), for “1 to 6” substitute “1 to 5 and 6”;
b
in paragraph (2)(d)(ii), for “1 and 3 to 6” substitute “1, 3 to 5 and 6”;
c
in paragraph (5)(a) for “3 to 6”, substitute “3 to 5 and 6”.
7
In Schedule 2 (information and documents to be available in respect of persons carrying on, managing, or working at, a care home)—
a
in paragraph 5, after “relevant” insert “or required”;
b
after paragraph 5, insert—
5A
Where relevant, documentary evidence of registration with the Care Council for Wales.
Amendment of the Registration Regulations4
1
The Registration Regulations are amended in accordance with the following provisions of this regulation.
2
In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment or agency), in Part 1 (information about the applicant)—
a
after paragraph 1(b), insert—
ba
where the establishment is a care home, whether the applicant is registered with the Care Council for Wales and, if so, details of his or her registration;
b
after paragraph 2(c), insert—
ca
where the establishment is a care home, whether the responsible individual is registered with the Care Council for Wales and, if so, details of his or her registration;
3
In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment or agency), in Part 1 (information), after paragraph 2A, insert—
2B
Where the establishment is a care home, details of the applicant’s registration with the Care Council for Wales.
(This note is not part of the Regulations)