The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018

Disqualification from Caring for Children (England) Regulations 2002

8.—(1) The Disqualification from Caring for Children (England) Regulations 2002(1) are amended as follows.

(2) In regulation 2 (grounds for disqualification), after paragraph (7), insert—

“(7A) In relation to the registration of a care home (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) which is provided wholly or mainly to children—

(a) the person’s application for registration has been refused under section 7 of the 2016 Act;

(b) the person’s application to vary their registration (in accordance with section 11(1)(a)(i) or (ii) of the 2016 Act) has been refused under section 12 of the 2016 Act;

(c) the person’s registration has been cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d) the person has been concerned in the management of, or had a financial interest in, a care home service provided wholly or mainly to children in respect of which the registration of any person has been cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act; or

(e) the person’s registration has been varied under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act.”.

(3) In the Schedule (specified offences), in paragraph 1 (offences in England and Wales), after sub-paragraph (2), insert—

“(3) An offence in relation to a care home service provided wholly or mainly to children under or by virtue of any of the following provisions of the Regulation and Inspection of Social Care (Wales) Act 2016—

(a) section 5 (requirement to register);

(b) section 43 (failure to comply with a condition);

(c) section 44 (false descriptions);

(d) section 45 (failure by service provider to comply with requirements in regulations); or

(e) section 47 (false statements).”.

(1)

S.I. 2002/635, to which there are amendments not relevant to these Regulations.