Regulation and Inspection of Social Care (Wales) Act 2016

Citation2016 anaw 2


Regulation and Inspection of Social Care (Wales) Act 2016

2016 anaw 2

An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes.

[18 January 2016]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

1 REGULATION OF SOCIAL CARE SERVICES

PART 1

REGULATION OF SOCIAL CARE SERVICES

CHAPTER 1

CHAPTER 1

INTRODUCTION

INTRODUCTION

S-1 Overview of Part 1

1 Overview of Part 1

In this Part-

(a) this Chapter defines some key terms including what is meant by a "regulated service" in this Act, and sets out the general objectives of the Welsh Ministers in relation to the regulation of such services;

(b) Chapter 2 sets out the Welsh Ministers' functions in relation to registering persons who provide regulated services, including provision about varying and cancelling registrations and provision about notifications and appeals;

(c) Chapter 3 sets out the Welsh Ministers' powers to require information and to carry out inspections;

(d) Chapter 4 confers some general functions on the Welsh Ministers in relation to regulated services;

(e) Chapter 5 makes provision for offences and penalties;

(f)Chapter 6 amends the Social Services and Well-being (Wales) Act 2014 (anaw 4) to make provision in respect of the social services functions of local authorities (on which, see Schedule 2 to the 2014 Act) including, in particular, provision about-

(i) annual reports by local authorities;

(ii) powers for the Welsh Ministers to conduct reviews of the way in which those functions are exercised;

(iii) powers allowing for the inspection of premises used in connection with the exercise of those functions;

(iv) powers for the Welsh Ministers to require information relating to the exercise of those functions;

(v) offences in connection with inspections or requirements to provide information;

(vi) powers for the Welsh Ministers to regulate the exercise of those local authority functions which relate to looked after and accommodated children;

(g) Chapter 7 makes provision for the Welsh Ministers to monitor the financial sustainability of certain service providers and to prepare and publish reports about the stability of the market for social care services in Wales.

S-2 Meaning of "regulated service"

2 Meaning of "regulated service"

(1) In this Act, "regulated service" means-

(a) a care home service,

(b) a secure accommodation service,

(c) a residential family centre service,

(d) an adoption service,

(e) a fostering service,

(f) an adult placement service,

(g) an advocacy service,

(h) a domiciliary support service, and

(i) any other service comprising the provision of care and support in Wales as may be prescribed.

(2) Schedule 1 makes further provision about the meaning of terms used in subsection (1).

(3) The Welsh Ministers may by regulations prescribe things which, despite Schedule 1, are not to be treated as regulated services for the purposes of this Act.

(4) Before making regulations under this section the Welsh Ministers must consult such persons as they think appropriate.

S-3 Other key terms

3 Other key terms

(1) In this Act-

(a) "care" means care relating to-

(i) the day to day physical tasks and needs of the person cared for (for example, eating and washing), and

(ii) the mental processes related to those tasks and needs (for example, the mental process of remembering to eat and wash);

(b) "regulatory functions" means the Welsh Ministers' functions under-

(i) this Part,

(ii) sections 94A and 149A to 161B of the 2014 Act, and

(iii)section 15 of the adoption and children act 2002 (c.38)(inspectionof premises relating to adoption services),

but any function of making, confirming or approving subordinate legislation (as defined by section 158(1) of the government of wales act 2006 (c.32)) is not a regulatory function;

(c) "service provider" means a person registered under section 7 to provide a regulated service;

(d) "support" means counselling, advice or other help, provided as part of a plan prepared for the person receiving support by-

(i) a service provider or other person providing care and support to the person, or

(ii) a local authority (even if the authority does not provide care and support to the person).

(2) References in this Act to "care and support" are to be read as references to-

(a) care,

(b) support, or

(c) both care and support.

(3) The Welsh Ministers may by regulations prescribe things which, despite subsection (1)(a) and (d), are not to be treated as care and support for the purposes of this Act.

S-4 General objectives

4 General objectives

The general objectives of the Welsh Ministers in exercising their functions under this Part are-

(a) to protect, promote and maintain the safety and well-being of people who use regulated services, and

(b) to promote and maintain high standards in the provision of regulated services.

Requirement to register

CHAPTER 2

REGISTRATION ETC. OF SERVICE PROVIDERS

Requirement to register

S-5 Requirem ent to register

5 Requirem ent to register

It is an offence for a person to provide a regulated service without being registered in accordance with this Chapter in respect of that service.

Application for, variation of and cancellation of registration

Application for, variation of and cancellation of registration

S-6 Application for registration as a service provider

6 Application for registration as a service provider

(1) A person who wants to provide a regulated service must make an application for registration to the Welsh Ministers-

(a) specifying the regulated service that the person wants to provide,

(b) specifying the places at, from or in relation to which the service is to be provided,

(c) designating an individual as the responsible individual in respect of each place and stating each such individual's name and address (section 21 sets out who may be designated as a responsible individual), and

(d) including such other information as may be prescribed.

(2) An application must be in the prescribed form.

(3) A person who wants to be registered as a service provider in respect of two or more regulated services may make a single application in respect of them.

S-7 Grant or refusal of registration as a service provider

7 Grant or refusal of registration as a service provider

(1) The Welsh Ministers must grant an application under section 6 if satisfied that-

(a) the application-

(i) contains everything required by or under subsection (1) of that section,

(ii) in the case of an application relating to a domiciliary support service, contains the undertaking mentioned in section 8, and

(iii) meets the requirements prescribed under section 6(2);

(b) the applicant is a fit and proper person to be a service provider (see section 9);

(c) each individual to be designated as a responsible individual-

(i) is eligible to be a responsible individual in accordance with section 21(2),

(ii) is a fit and proper person to be a responsible individual (see section 9), and

(iii) will comply with any requirements of regulations under section 28 (so far as applicable);

(d) the requirements of-

(i) any regulations under section 27 (including any requirements as to the standard of care and support that must be provided), and

(ii) any other enactment which appears to the Welsh Ministers to be relevant,

will be complied with (so far as applicable) in relation to the provision of the regulated service.

(2) In any other case the Welsh Ministers must refuse an application.

(3) The grant of an application-

(a) must be subject to a condition specifying-

(i) the places at, from or in relation to which the service provider is to provide a regulated service, and

(ii) the individual designated as the responsible individual for each place, and

(b) may be subject to such further conditions as the Welsh Ministers think appropriate.

(4) Where a person has made a single application in respect of two or more regulated services the Welsh Ministers may separately grant or refuse the application in respect of each service.

(5) But the grant of an application takes effect only if the requirements of sections 18 to 20 are met (so far as applicable).

S-8 Duration of domiciliary support visits

8 Duration of domiciliary support visits

(1) The undertaking mentioned in section 7(1)(a)(ii) and 11(3)(a)(ii) is that a domiciliary support service will not be provided by way of a visit which is shorter than 30 minutes unless either condition A, B or C is met.

(2) Condition A applies where-

(a) a local authority is required-

(i) by virtue of section 35 or 37 of the 2014 Act, to meet the needs of the person being visited, or

(ii) by virtue of section 40 or 42 of that Act, to meet the needs of that person's carer, and

(b) the authority meets those needs by providing or arranging the provision of a domiciliary support service to the person being visited.

(3) Condition A is that-

(a) the individual carrying out the visit has previously carried out a visit during the period for which the local authority maintains-

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