2020 No. 389 (W. 87)
The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020
Made
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 6(1)(d), 9(9), 27(1) and 187(1)(b) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”)1.
The Welsh Ministers have consulted such persons as they think appropriate, as required by section 27(4)(a) of the Act and published a statement about the consultation as required by section 27(4)(b) of that Act. The Welsh Ministers have laid a copy of the statement before the National Assembly for Wales as required by section 27(5) of that Act.
A draft of these Regulations was laid before the National Assembly for Wales under section 187(2)(d) and (f) of the Act and has been approved by a resolution of the National Assembly for Wales.
PART 1General
Title, commencement and interpretation1
1
The title of these Regulations is the Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020.
2
These Regulations come into force on 1 April 2020.
3
In these Regulations—
“the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016,
“the 2017 Regulations” (“Rheoliadau 2017”) means the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 20172,
“the Registration Regulations” (“y Rheoliadau Cofrestru”) means the Regulated Services (Registration) (Wales) Regulations 20173,
“the Regulated Services Regulations” (“y Rheoliadau Gwasanaethau Rheoleiddiedig”) means—
- a
the 2017 Regulations,
- b
the Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 20194,
- c
the Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 20195,
- d
the Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 20196,
- e
the Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 20197.
- a
PART 2Amendment to the Act
Amendment to the Act2
The Act is amended in accordance with regulation 3.
Fit and proper person: relevant considerations3
In section 9(5)(a) after “subsection (4)” insert “or (6)”.
PART 3Amendments to the Registration Regulations
Amendments to the Registration Regulations4
The Registration Regulations are amended in accordance with regulations 5 and 6 and regulation 7 introduces a transitional provision.
Information to be provided by an applicant
5
After regulation 3 insert—
3A
1
This regulation applies where the applicant, within the meaning of paragraph (a) of the definition of “applicant” in regulation 2, is an organisation.
2
An applicant to whom this regulation applies must, in addition to the information specified in regulation 3, provide the Welsh Ministers with the information in paragraph (3).
3
The applicant must provide, in relation to the persons listed in paragraph (4)—
a
their full name, date of birth, home address, electronic mail address and telephone number, and
b
the information listed in paragraphs 13 to 22 of Schedule 1.
4
The persons in relation to whom the information in paragraph (3) must be provided are—
a
where the organisation is a body corporate other than a local authority or Local Health Board—
i
each person who has been appointed as a director of the body corporate,
ii
each person who has been appointed as a trustee of the body corporate,
iii
each member of the managing committee of the body corporate,
b
where the organisation is an unincorporated body, each person who is concerned in the management and control of the body,
c
where the organisation is a partnership, each partner.
6
In Schedule 1—
a
in paragraph 45—
i
at the end of subparagraph (b) for “.” substitute “;”,
ii
after subparagraph (b) insert—
c
any person who is a member of the managing committee of the body corporate.
b
in paragraph 48 for “application” substitute “declaration”.
Transitional provision7
An application for registration which has been submitted in accordance with the Registration Regulations prior to the coming into force of these Regulations, is to be determined as if these Regulations had not been made.
PART 4Amendments to the Regulated Services Regulations
Amendments to the Regulated Services Regulations
8
The Regulated Services Regulations are each amended in accordance with regulation 9.
9
In Schedule 3—
a
for paragraph 3 substitute—
3
Where, on or after 1 April 2020, the service provider is a body corporate, any change in the—
a
directors,
b
trustees, or
c
members of the managing committee,
of the body corporate.
3A
Where, on or after 1 April 2020, the service provider is an unincorporated body, any change in the persons who are concerned in the management and control of the body.
b
in paragraph 5 for “company” substitute “body corporate”.
PART 5Amendments to the 2017 Regulations
Amendments to the 2017 Regulations10
The 2017 Regulations are amended in accordance with regulations 11 and 12.
Interpretation11
In regulation 1(3), insert the following in the appropriate place—
“nurse” (“nyrs”) means a qualified nurse or qualified midwife registered with the Nursing and Midwifery Council in accordance with article 5 of the Nursing and Midwifery Order 20018;
“registered professional” (“proffesiynolyn cofrestredig”) has the meaning given in paragraph 1 of Schedule 3 to the Health Professions Order 20019;
Fitness of staff12
In regulation 35—
a
for paragraph (2)(f) substitute—
f
subject to paragraph (11) of this regulation, where the person is employed by the service provider (whether as an employee or worker) other than as a manager in order to provide care and support to any person in connection with—
i
a care home service provided wholly or mainly for children,
ii
a secure accommodation service, or
iii
a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act,
the person is registered as a social care worker with Social Care Wales no later than the relevant date (see paragraph (8) for meaning of “the relevant date”).
b
after subparagraph (f) as substituted by these Regulations insert—
g
subject to paragraph (11) of this regulation, where the person is engaged under a contract for services, other than as manager, to provide care and support to any person in connection with—
i
a care home service provided wholly or mainly to children,
ii
a secure accommodation service, or
iii
a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act,
the person is registered as a social care worker with Social Care Wales no later than the relevant date (see paragraph (8A) for meaning of “the relevant date”)
c
after paragraph (8) insert—
8A
In paragraph (2)(g) of this regulation, “the relevant date” is either—
a
6 months from the date a person is first engaged under a contract for services to provide care and support in connection with–
i
a care home service provided wholly or mainly to children,
ii
a secure accommodation service,
iii
a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act, or
b
such later date as the service regulator may in exceptional circumstances agree.
d
after paragraph (10) insert—
11
The requirement that a person is registered as a social care worker with Social Care Wales in accordance with paragraph (2)(f) and (g), does not apply where the person is employed (whether as an employee or worker) or engaged under a contract for services to work as a—
a
nurse, or
b
registered professional.
(This note is not part of the Regulations)