The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020

• Citation: S.I. 2020/389 (W.)
• Sections: 12

Section 1 Title, commencement and interpretation

(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 2017 ,

“the Registration Regulations” (“ y Rheoliadau Cofrestru ”) means the Regulated Services (Registration) (Wales) Regulations 2017 ,

“the Regulated Services Regulations” (“ y Rheoliadau Gwasanaethau Rheoleiddiedig ”) means—

the 2017 Regulations,

the Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 ,

the Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 ,

the Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 ,

the Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 .

Section 2 Amendment to the Act

The Act is amended in accordance with regulation 3.

Section 3 Fit and proper person: relevant considerations

In section 9(5)(a) after “subsection (4)” insert “or (6)”.

Section 4 Amendments to the Registration Regulations

The Registration Regulations are amended in accordance with regulations 5 and 6 and regulation 7 introduces a transitional provision.

Section 5 Information to be provided by an applicant

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.

Section 6 Information to be provided by an applicant

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”.

Section 7 Transitional provision

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.

Section 8 Amendments to the Regulated Services Regulations

The Regulated Services Regulations are each amended in accordance with regulation 9.

Section 9 Amendments to the Regulated Services Regulations

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”.

Section 10 Amendments to the 2017 Regulations

The 2017 Regulations are amended in accordance with regulations 11 and 12.

Section 11 Interpretation

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 2001 ;

“registered professional” (“ proffesiynolyn cofrestredig ”) has the meaning given in paragraph 1 of Schedule 3 to the Health Professions Order 2001 ;

Section 12 Fitness of staff

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.