The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018

Publication Date:January 01, 2018

2018No. 48 (W. 15)

SOCIAL CARE, ENGLAND AND WALES

The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018

Made17January2018

Laid before the National Assembly for Wales19January2018

Coming into force2April2018

The Welsh Ministers, in exercise of the powers conferred by section 186 of the Regulation and Inspection of Social Care (Wales) Act 2016( 1), make the following Regulations:

Title and commencement

1.—(1) The title of these Regulations is the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018.

(2) These Regulations come into force on 2 April 2018.

Amendments

2. Schedule 1 (amendments consequential upon the commencement of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) has effect.

Revocations

3. Schedule 2 (revocations) has effect.

17 January 2018

Huw Irranca-Davies

Minister for Children and Social Care, under authority of the Cabinet Secretary for Health and Social Services, one of the Welsh Ministers

SCHEDULE 1

Regulation 2

Amendments consequential upon the commencement of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

1.—(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 2) is amended as follows.

(2) In article 2(1)—

(a) for the definition of “children's home” substitute—

““children's home”—

(a) in relation to England, has the meaning given by section 1 of the Care Standards Act 2000( 3); and

(b) in relation to Wales, means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons under the age of 18.”;

(b) for the definition of “residential family centre” substitute—

““residential family centre”—

(a) in relation to England, has the meaning given by section 4(2) of the Care Standards Act 2000; and

(b) in relation to Wales, means a place at which a residential family centre service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided;”.

(3) In Schedule 1 (excepted professions, offices, employments, work and occupations), in Part 4 (interpretation), in the definition of “care services”, in paragraph (i), for the words in parentheses substitute—

“(where “care home”, in relation to England, has the same meaning as in the Care Standards Act 2000, and in relation to Wales, means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over)”.

(4) In Schedule 3 (excepted proceedings), after paragraph 17A insert—

17B. Proceedings relating to registration under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.”.

Children (Secure Accommodation) Regulations 1991

2.—(1) The Children (Secure Accommodation) Regulations 1991( 4) are amended as follows.

(2) In regulation 1A, in paragraph (1)(b)—

(a) omit “secure”;

(b) after “in Wales”, insert “provided for the purpose of restricting the liberty of children to whom the criteria in paragraph (a) or (b) of section 119(1) of the Social Services and Well-being (Wales) Act 2014 apply”.

Refuges (Children's Homes and Foster Placements) Regulations 1991

3.—(1) The Refuges (Children's Homes and Foster Placements) Regulations 1991( 5) are amended as follows.

(2) In regulation 4(1)(b) (withdrawal of a certificate), for “Parts III to V of the Children's Homes (Wales) Regulations 2002” substitute “Parts 3 to 15 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017( 6)”.

Council Tax (Chargeable Dwellings) Order 1992

4.—(1) The Council Tax (Chargeable Dwellings) Order 1992( 7) is amended as follows.

(2) In article 2, for the definition of “care home” substitute—

““care home” means—

(a) in relation to England, a care home within the meaning of the Care Standards Act 2000, in respect of which a person is registered in accordance with Part 1 of the Health and Social Care Act 2008( 8); and

(b) in relation to Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;”.

(3) In article 3A, for “Part 2 of the Care Standards Act 2000” substitute “Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

Council Tax (Liability for Owners) Regulations 1992

5.—(1) The Council Tax (Liability for Owners) Regulations 1992( 9) are amended as follows.

(2) In regulation 2, under the heading “residential care homes, etc”, in the entry for “Class A”, for paragraph (a) substitute—

“(a) in relation to England, a care home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered in accordance with Part 1 of the Health and Social Care Act 2008; and

(aa) in relation to Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over.”.

Representation of the People (England and Wales) Regulations 2001

6.—(1) The Representation of the People (England and Wales) Regulations 2001( 10) are amended as follows.

(2) In regulation 53 (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of severe sight-impairment or any other disability), after paragraph (2)(k), insert—

“(ka) the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of Part 1 of that Act) which is provided wholly or mainly to persons aged 18 or over;”.

Police Act 1997 (Criminal Records) Regulations 2002

7.—(1) The Police Act 1997 (Criminal Records) Regulations 2002( 11) are amended as follows.

(2) In regulation 5B (work with adults)—

(a) in paragraph (1)(e), after paragraph (iv), insert—

“(iva) a regulated service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, in relation to which a requirement to register arises under section 5 of that Act;”;

(b) in paragraph (6), after sub-paragraph (e), insert—

“(ea) any form of work carried out, whether or not for gain, at a place which provides a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) which is provided wholly or mainly to adults that gives the person carrying out the work the opportunity to have contact with the adults who are resident at that place;”.

(3) In regulation 5C (work with children), after paragraph (j), insert—

“(ja) registration under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (regulated services);”.

Disqualification from Caring for Children (England) Regulations 2002

8.—(1) The Disqualification from Caring for Children (England) Regulations 2002( 12) are amended as follows.

(2) In regulation 2 (grounds for disqualification), after paragraph (7), insert—

“(7A) In relation to the registration of a care home (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) which is provided wholly or mainly to children—

(a) the person's application for registration has been refused under section 7 of the 2016 Act;

(b) the person's application to vary their registration (in accordance with section 11(1)(a)(i) or (ii) of the 2016 Act) has been refused under section 12 of the 2016 Act;

(c) the person's registration has been cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d) the person has been concerned in the management of, or had a financial interest in, a care home service provided wholly or mainly to children in respect of which the registration of any person has been cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act; or

(e) the person's registration has been varied under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act.”.

(3) In the Schedule (specified offences), in paragraph 1 (offences in England and Wales), after sub-paragraph (2), insert—

“(3) An offence in relation to a care home service provided wholly or mainly to children under or by virtue of any of the following provisions of the Regulation and Inspection of Social Care (Wales) Act 2016—

(a) section 5 (requirement to register);

(b) section 43 (failure to comply with a condition);

(c) section 44 (false descriptions);

(d) section 45 (failure by service provider to comply with requirements in regulations); or

(e) section 47 (false statements).”.

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

9.—(1) The Registration of Social Care and Independent Health Care (Wales) Regulations 2002( 13) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “appropriate office of the National Assembly” omit the following paragraphs—

(i) paragraphs (a) and (b),

(ii) the second paragraph (f) (which relates to an offence specified under section 2(4) of the Nurses Agencies (Wales) Regulations 2003( 14)),

(iii) paragraph (h);

(b) omit the definitions of “domiciliary care agency” and “placement plan”;

(c) in the definition of “statement of purpose” omit paragraphs (a), (b), (f) and (i).

(3) In regulation 4 (information and documents to be provided by an applicant), in paragraph (4), in the table, omit the entries relating to—

(a) care home;

(b) children's home.

(4) In regulation 9 (contents of certificate), in paragraph (e), for “section 4(8)(a) or (9)(a)” substitute “section 4(8)(a)(iii), (iv), (v), (vii) or (9)(a)(i), (iv), (v), (vi)”.

(5) In Schedule 1 (information to be supplied on an application for registration as a...

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