The Adult Placement Schemes (Wales) Regulations 2004

Publication Date:January 01, 2004

2004No. 1756 (W.188)

SOCIAL CARE, WALES

The Adult Placement Schemes (Wales) Regulations 2004

7July2004

1August2004

ARRANGEMENT OF REGULATIONS

PART I -

GENERAL

1.

Name, commencement and application

2.

Interpretation

3.

Prescribed persons

4.

Statement of purpose

5.

Adult placement scheme guide

6.

Review of statement of purpose and adult placement scheme guide

7.

Scheme documents

PART II -

REGISTERED PERSONS

8.

Fitness of registered provider

9.

Appointment of manager

10.

Fitness of manager

11.

Registered person - general requirements and training

12.

Notification of offences

PART III -

ADULT PLACEMENTS AND ADULT PLACEMENT CARERS

13.

Making of placements and adult placement agreements

14.

Monitoring and review of placements

15.

Termination of placements

16.

Fitness of adult placement carers

17.

Adult placement carers - training

18.

Adults' plans

PART IV -

CONDUCT OF ADULT PLACEMENT SCHEMES

19.

General conduct of adult placement scheme

20.

Records

21.

Complaints

22.

Review of quality of scheme's operation

23.

Visits by registered provider

24.

Fitness of workers

25.

Staff and their training

26.

Staff handbook and code of conduct

27.

Financial position

28.

Notification of incidents

29.

Notice of absence

30.

Notice of changes

31.

Appointment of liquidators etc.

PART V -

MISCELLANEOUS

32.

Offences

33.

Specification of appropriate offices

34.

Amendment of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002

35.

Amendment of the Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002

36.

Transitional provisions

37.

Amendment of the Care Homes (Wales) Regulations 2002

38.

Amendment of the Domiciliary Care Agencies (Wales) Regulations 2004

SCHEDULES

1.

Application of Part II of the Care Standards Act 2000 to persons providing and managing an adult placement scheme.

2.

Matters to be dealt with in the statement of purpose.

3.

Information and documents to be available in respect of adult placement carers, persons providing care services for the purpose of the adult placement, persons providing and managing adult placement schemes.

4.

Records.

The National Assembly for Wales, having consulted such persons as it considers appropriate( 1), hereby makes the following Regulations in exercise of the powers conferred upon it by the following sections of the Care Standards Act 2000( 2) -

(a) sections 3(3), 42(1), 118(5) and (7); and(b) by virtue of Regulation 3 of, and Schedule 1 to, these Regulations( 3), sections 22(1), 22 (2)(a) to (d) and (f) to (j), 22(5), 22(7)(a) to (j), 25(1), and 34(1)( 4).

PART I -

GENERAL

Name, commencement and application

1. - (1) These Regulations are called the Adult Placement Schemes (Wales) Regulations 2004 and shall come into force on 1 August 2004.

(2) These Regulations apply in relation to Wales.

Interpretation

2. - (1) In these Regulations -

"the Act" ("y Ddeddf") means the Care Standards Act 2000;

"adult placement agreement" ("cytundeb lleoli oedolion") shall be construed in accordance with regulation 13;

"adult placement carer" ("gofalwr lleoliad oedolion") means a person in whose home an adult is or may be accommodated and provided with personal care under an adult placement agreement entered into or proposed to be entered into by the carer;

"adult placement scheme guide" ("arweiniad i'r cynllun lleoli oedolion") shall be construed in accordance with regulation 5;

"adult placement scheme" ("cynllun lleoli oedolion") means a scheme under which arrangements are made or proposed to be made for not more than two adults to be accommodated and provided with personal care in the home of a person who is not their relative;

"adult's plan" ("cynllun oedolyn") shall be construed in accordance with regulation 18 and includes that plan as amended from time to time;

"appropriate office of the National Assembly" ("swyddfa briodol y Cynulliad Cenedlaethol") means in relation to an adult placement scheme -

(a) if an office of the National Assembly has been specified under regulation 33 for the area in which the principal office of the scheme is situated, that office; or(b) in any other case, any office of the National Assembly;

"care services" ("gwasanaethau gofal") has the same meaning as in Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 5);

"complaints procedure" ("trefn gwyno") shall be construed in accordance with regulation 21;

"home", ("cartref") where a person has more than one home means the home where the person ordinarily resides;

"National Assembly" ("Cynulliad Cenedlaethol") means the National Assembly for Wales;

"organisation" ("corff") means a body corporate;

"placement" ("lleoliad") means an arrangement whereby an adult is accommodated in the home of an adult placement carer;

"placed" ("lleoli") must be construed in accordance with the definition of "placement";

"principal office of the scheme" ("prif swyddfa'r cynllun") means the office from which the scheme is mainly administered;

"registered manager" ("rheolwr cofrestredig") means a person who is registered under Part II of the Act as the manager of the adult placement scheme;

"registered person" ("person cofrestredig") means any person who is the registered provider or the registered manager of the adult placement scheme;

"registered provider" ("darparwr cofrestredig") means the person who is registered under Part II of the Act as the provider of the adult placement scheme;

"relative" ("perthynas") in relation to a relevant adult means -

(a) the adult's spouse;(b) any parent, grandparent, great-grandparent, child, grandchild, great-grandchild, brother, sister, uncle, aunt, nephew or niece of the adult or of the adult's spouse;(c) the spouse of any relative within sub-paragraph (b) of this definition;(d) a person with whom the adult was accommodated for more than 28 days between the ages of sixteen and eighteen under fostering arrangements, or the person's spouse;

and for the purpose of determining any such relationship a person's step child shall be treated as his or her child, and references to "spouse" include a former spouse and a person who is living with the person as if they were husband and wife;

"relevant adult" ("oedolyn perthnasol") in relation to a scheme, means an adult who may be or is placed under the scheme;

"representative" ("cynrychiolydd") in relation to a relevant adult, means a person (other than the registered provider or manager member of staff or adult placement carer) who with the adult's express or implied consent takes an interest in the adult's health and welfare;

"responsible individual" ("unigolyn cyfrifol") shall be construed in accordance with regulation 8(2);

"scheme premises" ("mangre cynllun") means premises from which the management of the adult placement scheme takes place;

"staff" ("staff") in relation to a scheme, means persons other than adult placement carers, who work for the purposes of the scheme;

"statement of purpose" ("datganiad o ddiben") shall be construed in accordance with regulation 4;

"vulnerable adult" ("oedolyn hawdd ei niweidio") has the same meaning as in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 6); and

"work" ("gwaith") includes work of any kind, whether paid or unpaid, and whether under a contract of apprenticeship, under a contract for services, or otherwise than under a contract.

(2) In these Regulations a reference -

(a) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;(b) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(3) In regulations 2(1) and 7 and in Schedule 1, a reference to Part II of the Act is to Part II of the Act as applied by regulation 3 and Schedule 1.

Prescribed persons

3. - (1) Save where paragraph (2) applies, a person who provides or manages an adult placement scheme is hereby prescribed for the purposes of section 42(1) of the Act.

(2) This paragraph applies where the person is an individual and merely makes arrangements for the accommodation and provision of personal care for his or her relative.

(3) Part II of the Act shall apply to persons prescribed in paragraph (1) in accordance with Part 1 of Schedule 1 and with the modifications specified in Part 2 of Schedule 1.

Statement of purpose

4. - (1) The registered person must compile in relation to the adult placement scheme a written statement (in these Regulations referred to as the "statement of purpose") which must consist of -

(a) a statement of the aims and objectives of the scheme;(b) a statement of the facilities and services which are to be provided under the adult placement scheme for relevant adults; and(c) a statement as to the matters listed in Schedule 2.

(2) The registered person must -

(a) provide a copy of the statement of purpose to the appropriate office of the National Assembly; and(b) make the statement available upon request for inspection at any reasonable time by any relevant adult and any representative of such an adult.

Adult placement scheme guide

5. - (1) The registered person must produce a written guide to the adult placement scheme (in these Regulations referred to as the "adult placement scheme guide") which must include -

(a) a summary of the statement of purpose;(b) either a summary of the most recent inspection report or a copy of that report;(c) a summary of the complaints procedure prepared under regulation 21; and(d) the address and telephone number of the appropriate office of the National Assembly.

(2) The registered person must -

(a) provide a copy of the first adult placement scheme guide to the appropriate office of the National Assembly;(b) provide a copy of the current guide to each...

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