The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2024

• Citation: S.I. 2024/407 (W.)
• Sections: 9

Section 1 Title, coming into force and interpretation

(1) The title of these Regulations is the Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2024.

(2) These Regulations come into force on 31 March 2024.

(3) In these Regulations—

“the Act” ( “ y Ddeddf ” ) means the Regulation and Inspection of Social Care (Wales) Act 2016;

“the Regulated Services Regulations” ( “ y Rheoliadau Gwasanaethau Rheoleiddiedig ” ) means the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 .

Section 2 Amendments to the Regulated Services Regulations

The Regulated Services Regulations are amended in accordance with regulations 3 to 8.

Section 3 Local authority intermediate care service: exception from scope of care home services

In regulation 2(1) (care home services)—

(a) at the end of sub-paragraph (j), for the full-stop substitute “;” ;

(b) after sub-paragraph (j) insert—

(l) the provision of accommodation, together with nursing or care, to adults in a local authority intermediate care service.

But this exception does not apply unless—

(i) the local authority is solely responsible for providing the intermediate care, and

(ii) the intermediate care is provided for no more than sixteen weeks at a time to any one adult.

Section 4 Local authority intermediate care service: exception from scope of care home services

In regulation 2 (care home services), after paragraph (4) insert—

(5) For the purposes of paragraph (1)(l) of this regulation—

“ intermediate care ” (“ gofal canolraddol” ) means the provision of accommodation, together with nursing or care, to an adult for a limited period for the purpose of promoting the adult’s ability to live independently in their own home by—

avoiding unnecessary admission to hospital,

minimising the duration of any admission to hospital by enabling timely discharge,

enabling recovery following discharge from hospital, or

preventing or delaying admission to a care home service;

“ local authority intermediate care service ” (“ gwasanaeth gofal canolraddol awdurdod lleol” ) means a service providing intermediate care—

which is provided by a local authority to an adult in accordance with its duties in Part 2 or 4 of the 2014 Act ,

where the accommodation used for the purposes of the intermediate care is vested in the local authority, and

where any care and support is provided by a domiciliary support service the local authority is registered to provide.

Section 5 Amendment of regulation 49

In regulation 49 (application of Part 13), for paragraph (1) substitute—

(1) This Part applies to service providers who are registered to provide an accommodation-based service where—

(a)

(i) the service involves the provision of accommodation to five or more individuals, and

(ii) the premises used for the provision of the service fall within one of the categories in paragraph (2), or

(b) the service providers are persons to whom regulation 49A(1) or regulation 49B(1) applies.

Section 6 Amendment of regulation 49

After regulation 49 (application of Part 13) insert—

Reconfiguration of premises

(49A)

(1) This regulation applies to a service provider—

(a) who is registered to provide an accommodation-based service at a place specified as a condition to the service provider’s registration, and

(b) to whom Part 13 did not apply in relation to that place during a period when the service involved the provision of accommodation to four or fewer individuals.

(2) Subject to paragraph (3), where a service provider to whom this regulation applies has been granted a variation to their conditions of registration on or after 31 March 2024 as a result of the reconfiguration of premises used in relation to the place, and the effect of the variation is that accommodation can be provided at that place to five or more individuals, the service provider must comply with the requirements of regulations 50 to 54 in respect of that place.

(3) The requirement to comply with regulations 50 and 51 in relation to that place only applies to any additional bedrooms for individuals.

(4) In this regulation and regulation 49B—

“ reconfiguration of premises ” (“ ailgyflunio mangre ”) means rearranging or altering the existing physical layout of the premises to increase the number of individuals who can be accommodated at the service.

(49B)

(1) This regulation applies to a service provider—

(a) who is registered to provide an accommodation-based service at a place specified as a condition to the service provider’s registration, and

(b) to whom Part 13 did not apply in relation to that place during a period when the premises used by the service did not fall within Category A, B or C and involved the provision of accommodation to five or more individuals.

(2) Subject to paragraph (3), where a service provider to whom this regulation applies has been granted a variation to their conditions of registration on or after 31 March 2024 as a result of the reconfiguration of premises used in relation to the place, and the effect of the variation is that the number of individuals for which accommodation can be provided at that place is increased, the service provider must comply with the requirements of regulations 50 to 54 in respect of that place.

(3) The requirement to comply with regulations 50 and 51 in relation to that place only applies to any additional bedrooms for individuals.

Section 7 Miscellaneous amendments

In regulation 16(2) (review of personal plan), for “looked after child” substitute “child who is looked after by a local authority” .

Section 8 Miscellaneous amendments

In regulation 51(2) (additional requirements – room sizes), after “basis” insert a full-stop and omit “because of the nature of their disability.”

Section 9 Transitional provision

Regulation 49 of the Regulated Services Regulations continues to have effect without the amendments made by regulation 6 in relation to a place at which an accommodation-based service is provided and which is the subject of an application for variation of registration by the service provider under section 11 of the Act where the application was made to the Welsh Ministers on or before 30 March 2024 but—

(a) has not been determined by the Welsh Ministers by that date, or

(b) has been determined by the Welsh Ministers but is the subject of an appeal by the service provider under section 26 of the Act and the appeal has not been determined by that date.