These Regulations are made under powers given to the Welsh Ministers by the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“the Act”).
Part 1 of the Act sets out the social care services to which the Act applies, and defines them as “regulated services”. Section 2(3) gives the Welsh Ministers the power to prescribe in regulations that particular services are not “regulated services”. Section 27 of the Act gives the Welsh Ministers the power to impose, in regulations, requirements on providers of regulated services in relation to the services they provide.
The Welsh Ministers have exercised this power to make the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 (S.I. 2017/1264 (W. 295)) (“the Regulated Services Regulations”).
Regulations 2 to 7 revoke changes made to the Regulated Services Regulations by the Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/570 (W. 131)) (“the 2020 Regulations”) which created limited exceptions that were not to be treated as a regulated service and made other changes to requirements for specified services as part of the response to the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
Regulation 8 amends the description of “Category C” premises within regulation 49 of the Regulated Services Regulations to provide that premises and establishments, in respect of which a person had been registered under any of the relevant enactments which previously provided for regulatory control and oversight of the provision of accommodation and care, come within the scope of Category C premises; regulation 9 makes transitional arrangements in respect of these amendments.
Regulation 10 revokes the 2020 Regulations.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, CF10 3NQ and is published on www.gov.wales.