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Regulation and Inspection of Social Care (Wales) Act 2016

Type Act of Senedd Cymru

Publication 2016-01-18

Last updated 2026-06-30

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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who SCW thinks is able to supply information or produce any document which appears relevant to the exercise of any such function, to supply that information or produce that document.

(2) SCW may, in particular, require the registered person whose fitness to practise is being investigated, to provide details of any person—

(a) by whom the registered person is employed as a social care worker;

(b) who has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker.

(3) Nothing in this section requires or permits any disclosure of information which is prohibited by any enactment or other rule of law.

(4) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, SCW may require that the information be put in a form which is not capable of identifying that individual.

(5) If a person fails to supply any information or produce any document within 14 days, or such longer period as SCW may specify, of the person being required to do so under this section, SCW may apply to the tribunal for an order requiring the information to be supplied or the document to be produced.

Publication of fitness to practise decisions

161

(1) SCW must publish a decision of a fitness to practise panel to make a consensual disposal of a matter under section 135 or 136.

(2) SCW must publish a decision of a fitness to practise panel to dispose of a case under section 137 (disposal following a finding of no impairment of fitness to practise).

(3) SCW must publish a decision of a fitness to practise panel to dispose of a case under section 138 (disposal following a finding of impaired fitness to practise).

(4) SCW must publish a decision of a fitness to practise panel to dispose of a review cases in any of the ways mentioned in sections 152 to 155.

(5) SCW must publish a decision of a fitness to practise panel to make an immediate order under section 140.

(6) SCW must publish the following decisions of an interim orders panel or a fitness to practise panel—

(a) a decision to make an interim order under section 144;

(b) a decision to confirm , vary or extend an interim order on a review under section 147.

(7) SCW must publish any decision it makes—

(a) to issue a warning under section 126(3)(c) (powers of SCW where case is not referred to a fitness to practise panel),

(b) to agree undertakings under section 126(3)(d), or

(8) Subsections (1) to (7) are subject to subsections (9) and (10).

(9) SCW is not required to publish any decision of a fitness to practise panel to take no further action in respect of a registered person under section 137(2), 138(5), 152(8)(a), 153(9)(a), 154(8)(a) or 155(10)(a); but it may do so.

(10) SCW must not publish any information about a person's physical or mental health.

Guidance about fitness to practise

162

(1) SCW may publish guidance about factors which in its view may make it appropriate, or inappropriate, for a fitness to practise panel or an interim orders panel to make or confirm an interim order under Chapter 4.

(2) A fitness to practise panel or an interim orders panel must have regard to guidance published under subsection (1) in exercising any function under Chapter 4.

(3) SCW may publish guidance about factors which in its view may make it appropriate, or inappropriate, for a fitness to practise panel to do any of the following—

(a) reach a consensual disposal of a matter under section 135 or 136;

(b) give advice or a warning under section 137;

(d) make an immediate order under section 140;

(e) dispose of a matter on review in any of the ways mentioned in sections 152 to 155.

(4) SCW may publish guidance about—

(a) particular undertakings, or kinds of undertakings, which may be agreed by a fitness to practise panel, and when it may be appropriate or inappropriate to agree such undertakings;

(b) particular conditions, or kinds of conditions, which may be included in a conditional registration order, and when it may be appropriate or inappropriate to include such conditions;

(i) undertakings;

(ii) conditions included in a conditional registration order;

(iii) a suspension order.

(5) SCW may publish guidance about factors which it thinks should be taken into account in determining whether or not a registered person's fitness to practise is impaired on the grounds of adverse physical or mental health.

(6) A fitness to practise panel must have regard to guidance published under subsections (3) to (5) in exercising any function under this Part.

Suspension: supplementary

163

(1) This section applies in respect of a person who is subject to—

(a) a suspension order made under section 138(8) (disposals by fitness to practise panel: finding of impairment);

(b) a suspension order made, confirmed or varied on review under section 152(8)(d), 153(9)(c) or 154(6) or (7);

(d) an interim suspension order made, confirmed , varied or extended under section 144 or 147.

(2) The person is to be treated for all purposes other than those mentioned in subsection (3) as not being registered in the register despite the fact that the person's name continues to appear in it.

(3) The person is to be treated as registered for the purpose of—

(a) any proceedings under this Part (including preliminary consideration or investigation under Chapter 2) which relate to the person's fitness to practise;

(b) an application made under rules under section 92 for removal from a part of the register by agreement;

(c) proceedings under section 94 (entries based on false or misleading information) which relate to an entry in a part of the register.

Meaning of “registered person” in Part 6

164

In this Part “registered person” means a person who is registered in the social worker part or an added part ... of the register; and it includes a person⁠—

(a) whose registration would have lapsed under section 87(1) but for the fact that subsection (2) of that section applies to the person;

(b) in respect of whom a suspension order has effect under section 138(8), 152(8)(d), 153(9)(c), 154(6), (7) or (10) or 155(9);

Designation of regulated activity

165

(1) The Welsh Ministers may by regulations—

(a) designate an activity to which subsection (2) applies as a regulated activity for the purposes of this Part, and

(b) authorise the making of prohibition orders in respect of the regulated activity.

(2) The activities to which this subsection applies are—

(a) practising as a social care worker of a prescribed description;

(b) carrying out a prescribed activity as a social care worker;

(3) In subsection (2) references to “social care worker” do not include a reference to—

(a) a social worker, or

(b) a social care worker of a description specified for the time being by regulations under section 80(1)(b) (descriptions of social care worker in respect of whom SCW keeps an added part of the register).

(4) In this Part “prohibition order” means an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity.

(5) Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate.

(6) But the requirement to consult does not apply to regulations which—

(a) amend other regulations made under this section, and

(b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

Conditions for making a prohibition order

166

(1) Regulations made under section 165 must prescribe the circumstances in which a fitness to practise panel may make a prohibition order.

(2) The regulations may, in particular, provide that a panel may not make a prohibition order in respect of a person unless one or more of the following conditions is met—

(a) the person has been convicted of an offence of a prescribed kind;

(b) the person has been given a caution in respect of an offence of a prescribed kind;

(d) a relevant body has made a determination to the effect that the person's fitness to practise is impaired;

(e) the panel is satisfied that the person has failed to meet any standard of conduct specified under section 173;

(f) the panel thinks that it is necessary for the protection of the public, or that it is otherwise in the public interest, to make the order.

(3) In subsection (2) “barred list” and “relevant body” have the same meaning as in section 117 (grounds of impairment of fitness to practise).

Interim prohibition orders

167

(1) Regulations under section 165 must authorise the making of interim prohibition orders.

(2) An interim prohibition order is an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity pending a decision as to whether or not to make a prohibition order.

(3) The regulations must provide that a panel may not make an interim prohibition order unless it thinks that it is necessary for the protection of the public, or is otherwise in the public interest, to make the order as a matter of urgency.

Prohibition orders: supplementary provision

168

The Welsh Ministers may by regulations—

(a) make provision as to the time when a prohibition order takes effect;

(b) make provision about the review of a prohibition order by a fitness to practise panel, including—

(i) the circumstances in which a prohibition order may be reviewed,

(ii) the procedure for applying for a review,

(iii) the timing of a review, and

(iv) the powers of the panel on a review (including power to set aside the prohibition order);

(c) require SCW to publish prescribed information about determinations made by fitness to practise panels in respect of prohibition orders and interim prohibition orders;

(d) require SCW to make such prescribed information available—

(i) to persons of a specified description, or

(ii) for public inspection.

Interim prohibition orders: review

169

(1) A fitness to practise panel must review an interim prohibition order as soon as practicable if—

(a) the person in respect of whom the order is made requests a review, and

(b) the request is made no earlier than 3 months after the date on which the order was made.

(2) If an interim prohibition order is reviewed under subsection (1), a fitness to practise panel must review the order within each subsequent period of 3 months beginning with the date of the review under that subsection.

(3) A fitness to practise panel may review an interim prohibition order at any time if new evidence becomes available which is relevant to the case.

(4) Following a review, the panel may set aside an interim prohibition order.

Appeals

170

(1) Regulations under section 165 must provide for a right of appeal to the tribunal against—

(a) a prohibition order;

(b) a decision not to set aside a prohibition order on a review;

(2) Regulations under this section may include provision as to—

(a) the period within which an appeal may be made;

(b) the grounds on which an appeal may be made;

(d) the powers of the tribunal on appeal.

Offences

171

(1) It is an offence for a person to fail to comply with—

(a) a prohibition order, or

(b) an interim prohibition order.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine.

(3) The Welsh Ministers may by regulations create summary offences relating to the employment or appointment of a person to do anything that the person is prohibited from doing by—

(a) a prohibition order, or

(b) an interim prohibition order.

(4) Regulations creating an offence may not provide for the offence to be punishable otherwise than by a fine (whether an unlimited fine or a fine not exceeding a specified level on the standard scale).

Supplementary provision

List of prohibited persons

172

(1) SCW must establish and maintain a list of persons in respect of whom a prohibition order or an interim prohibition order is in effect.

(2) The Welsh Ministers may by regulations make provision about—

(a) the form and content of the list;

(b) whether or not the list, or specified information from the list, is to be published;

(i) to persons of a specified description, or

(ii) for public inspection.

Standards of conduct

173

(1) The Welsh Ministers may by regulations require SCW to determine the standards of conduct expected of a person carrying out a regulated activity.

(2) SCW—

(a) must keep the standards under review, and

(b) may alter or replace the standards.

(3) SCW must publish—

(a) the standards, and

(b) if the standards are altered or replaced, the altered or replaced standards.

(4) SCW must by rules make provision about the procedure to be followed in determining the standards.

(5) Rules made under subsection (4) may, in particular—

(a) make provision about the criteria by reference to which the standards are to be determined;

(b) make provision about the arrangements for keeping the standards under review.

Duty to establish panels etc.

174

(1) SCW must by rules make provision for there to be—

(a) panels to make determinations under Part 4 in relation to initial registration in, remaining on and being restored to, the register (“registration appeals panels”),

(b) panels to make determinations in relation to the fitness of persons registered in the register to practise as social care workers (“fitness to practise panels”), and

(c) panels to suspend, or attach conditions to, a person's registration in the register pending a determination by panels of the kind mentioned in paragraph (a) or (b) (“interim orders panels”).

(2) A panel established by virtue of subsection (1) must have at least 3 members, including a member appointed to chair the panel.

(3) The members must be individuals.

(4) A panel's membership must comprise a majority of persons who are not, and have never been, registered in any part of the register.

(5) The following persons may not be members of a panel—

(a) a person who is a member or a member of staff of—

(i) SCW,

(ii) Social Work England,

(iii) the Scottish Social Services Council, or

(iv) the Northern Ireland Social Care Council;

(b) a prescribed person.

(6) SCW must by rules make provision about—

(a) the appointment of persons as panel members (including, subject to subsection (2), the number of persons who may or must be appointed);

(b) the quorum for exercising functions of panels;

(d) the grounds on which a member may be suspended or removed.

(7) SCW must also by rules make provision for—

(a) the declaration and registration of private interests of the members of panels;

(b) the publication of entries recorded in the register of members' interests.

(8) SCW may by rules make other provision about the constitution and operation of panels; but any rules are subject to regulations made under section 175 (regulations about panel proceedings).

(9) In particular, rules under subsection (8) may provide for—

(a) the appointment of legal or other advisers;

(b) the appointment of assessors or examiners;

(d) fees, expenses or other payments to be made by SCW to any panel member.

Proceedings before panels

175

(1) The Welsh Ministers may by regulations make such provision as they think appropriate for and in connection with proceedings brought under this Act before—

(a) registration appeals panels;

(b) interim orders panels;

(2) The regulations may authorise or require SCW to make rules about any matter relating to such proceedings.

(3) Regulations under this section may not require a person to give evidence or produce a document or other material evidence which the person could not be compelled to give or produce in civil proceedings in a court in England and Wales.

(4) The standard of proof applicable to the proceedings mentioned in subsection (1) is that applicable to civil proceedings.

PART 9 — CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

The regulatory bodies

176

In this Part—

(a) the regulatory bodies are—

(i) the Welsh Ministers, and

(ii) SCW;

(b) “relevant functions” means—

(i) in relation to the Welsh Ministers, their regulatory functions;

(ii) in relation to SCW, its functions under this Act;

(i) in relation to the Welsh Ministers, the objectives mentioned in section 4;

(ii) in relation to SCW, the objective mentioned in section 68(1).

Relevant authorities

177

(1) In this Part the relevant authorities are—

(a) Her Majesty's Chief Inspector for Education and Training in Wales,

(b) the Education Workforce Council,

(d) each Local Health Board,

(e) an NHS Trust,

(f) a Welsh fire and rescue authority,

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) such other person as may be prescribed.

(2) In subsection (1)—

(a) “NHS Trust” means a National Health Service Trust constituted under the National Health Service (Wales) Act 2006 (c.42);

(b) “Welsh fire and rescue authority” means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies;

Co-operation in the exercise of functions

178

(1) The regulatory bodies must co-operate with each other in the exercise of their relevant functions if they think that such co-operation—

(a) will have a positive effect on the manner in which those functions are exercised, or

(b) will assist them in achieving their general objectives.

(2) A regulatory body must, in the exercise of its relevant functions, seek to co-operate with a relevant authority if the regulatory body thinks such co-operation—

(a) will have a positive effect on the manner in which the body exercises its functions, or

(b) will assist the body in achieving its general objectives.

(3) Where a regulatory body requests the co-operation of a relevant authority under subsection (2) the authority must comply with the request unless the authority—

(a) is prevented from co-operating in the manner requested by any enactment or other rule of law,

(b) thinks that such co-operation would otherwise be incompatible with its own functions, or

(4) If a relevant authority requests the co-operation of a regulatory body, the body must comply with that request unless the body—

(a) is prevented from co-operating in the manner requested by any enactment (including this Act) or other rule of law,

(b) thinks that such co-operation would otherwise be incompatible with the regulatory body's own functions, or

(i) on the body's functions, or

(ii) on achieving the body's general objectives.

Joint exercise of functions

179

(1) One regulatory body (“A”) may arrange with the other regulatory body (“B”) for A and B to act together in exercising jointly one or more relevant functions of A with one or more relevant functions of B.

(2) A regulatory body may enter into an arrangement under this section only if it thinks that the arrangement—

(a) will have a positive effect on the manner in which the body exercises the function, or

(b) will assist the body in achieving its general objectives.

(3) Arrangements under this section may—

(a) include the establishment of a joint committee to exercise the relevant joint functions on behalf of the regulatory bodies, and

(b) be on such other terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

Delegating functions to another regulatory body

180

(1) A regulatory body may delegate any of its relevant functions to the other regulatory body if they agree that such a delegation—

(a) will have a positive effect on the manner in which the function is to be exercised, or

(b) will assist the delegating body in achieving its general objectives.

(2) But a function must not be delegated to the other regulatory body if the other body thinks that such a delegation may be detrimental to—

(a) the manner in which the other body exercises its functions, or

(b) the achievement of the other body's general objectives.

(3) Despite subsection (1), SCW may not delegate—

(a) its rule-making functions, or

(b) its functions relating to fitness to practise proceedings.

(4) A delegation under subsection (1) may be on such terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

(5) A function may be delegated under subsection (1) wholly or to any lesser extent as may be agreed by the regulatory bodies.

(6) A delegation under subsection (1) does not affect—

(a) any liability or responsibility of the body delegating the function for its exercise, nor

(b) the ability of that body to exercise that function or make other arrangements in relation to it.

181

(1) A regulatory body may provide information to another regulatory body or relevant authority in pursuance of an arrangement made under this Part to co-operate, jointly exercise functions or delegate functions.

(2) Information must not be provided under subsection (1) to a regulatory body or relevant authority if the person holding the information is prohibited from providing it by any enactment or other rule of law.

(3) In the case of information relating to an individual, the information may be provided to a regulatory body or relevant authority only if—

(a) the information is provided in a form which does not identify the individual, or

(b) the person holding the information obtains the individual's consent to provide it.

(4) For the purposes of subsection (3)(a), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of—

(a) the information, and

(b) other information provided to a regulatory body or relevant authority by the same regulatory body.

(5) Information provided in pursuance of an arrangement under this Part must be used by the person to whom it is provided only for the purposes of co-operating, jointly exercising functions or exercising delegated functions in pursuance of the arrangement.

(6) This section does not affect the duty of the regulatory bodies to disclose information for the purposes of protecting the well-being of an individual.

182

(1) A regulatory body must disclose information it has obtained in the exercise of its relevant functions to any other person if it thinks that such disclosure is necessary or expedient to protect the well-being of an individual in Wales.

(2) But information must not be disclosed under subsection (1) if disclosure of the information is prohibited by any enactment or other rule of law.

(3) In the case of information identifying an individual, it may be disclosed in a manner which identifies the individual only if the regulatory body thinks such identification is necessary to protect the well-being of any individual.

(4) For the purposes of subsection (3), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of—

(a) the information, and

(b) other information disclosed by the regulatory body to the other person referred to in subsection (1).

PART 10 — MISCELLANEOUS AND GENERAL

Inquiries

183

(1) The Welsh Ministers may cause an inquiry to be held into any matter connected with the provision of care and support.

(2) Before an inquiry begins, the Welsh Ministers may direct that it is to be held in private.

(3) If no direction is given, the person holding the inquiry may decide to hold it, or any part of it, in private.

(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c.70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

(5) The report of the person holding the inquiry must be published unless the Welsh Ministers think there are exceptional circumstances for not publishing it (or any part of it).

Service of documents etc.

184

(1) This section applies where a provision of this Act or of regulations or rules made under it requires (in whatever terms) the Welsh Ministers, SCW or the registrar—

(a) to notify a person of something, or

(b) to give a notice or other document to a person (including a copy of a document or a revised document).

(2) The notification or document may be given to the person in question—

(a) by being hand delivered to the person;

(b) by leaving it at the person's proper address;

(i) to the person's proper address, or

(ii) where the person in question is a service provider, to the address of a place at or from which the provider provides a regulated service;

(d) if subsection (3) applies, by sending it electronically to an address provided for that purpose.

(3) This subsection applies if the person to whom the notification or document is to be given has agreed to receive it electronically.

(4) For the purposes of subsection (2)(a), notification or a document given to a body corporate may be hand delivered by being given to the secretary or clerk of that body.

(5) For the purposes of subsection (2)(b), where a notification or document is left at a person's proper address it is to be treated as having been given at the time at which it was left at that address.

(6) In subsection (2)(c), “recorded delivery service” means—

(a) a registered items service as defined in section 32(4) of the Postal Services Act 2011 (c.5), or

(b) any other postal service which provides for delivery to be recorded.

(7) For the purposes of subsection (2), a person's proper address is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a partnership, the address of the principal office of the partnership;

(d) in any other case, the person's last known address.

(8) Where a notification or document is given as mentioned in subsection (2)(c) or (d) it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.

(9) See section 2 for the meaning of “regulated service”, section 3 for the meaning of “service provider” and section 81 for the meaning of “registrar”.

PART 11 — FINAL PROVISIONS

Minor and consequential amendments

185

Schedule 3 makes minor and consequential amendments.

Power to make consequential etc. provision

186

(1) The Welsh Ministers may by regulations make such consequential, incidental, transitional, transitory or saving provision as they think appropriate for the purposes of or in connection with this Act.

(2) Regulations under this section may amend, revoke or repeal any enactment contained in, or made under, primary legislation.

(3) The power to make regulations under this section is exercisable by statutory instrument.

(4) A statutory instrument containing regulations under this section which amend or repeal an enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.

(5) A statutory instrument containing regulations under this section to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru.

(6) In this section, “primary legislation” means—

(a) an Act of Parliament;

(b) an Act or Measure of Senedd Cymru (including this Act).

Regulations under this Act

187

(1) A power to make regulations under this Act—

(a) is exercisable by statutory instrument;

(b) includes power to make different provision for different purposes, for different cases and for different areas.

(2) A statutory instrument containing regulations made under any of the following provisions of this Act may not be made unless a draft of the instrument containing the regulations has been laid before and approved by resolution of Senedd Cymru—

(a) section 2(1)(i) (regulations specifying other care and support services as regulated services);

(b) section 2(3) (regulations prescribing things not to be treated as regulated services);

(d) section 9(9) (regulations varying the evidence to be taken into account when determining whether a person is fit and proper);

(e) section 11(2) (regulations prescribing a time limit within which an application to designate a replacement responsible individual must be made);

(f) section 27(1) (regulations imposing requirements on service providers);

(g) section 28(1) (regulations imposing requirements on responsible individuals);

(h) section 37(1) (regulations about inspection ratings);

(i) section 40(1) (regulations about charging fees);

(j) section 45 (regulations creating offences for failure to comply with requirements imposed on service providers);

(k) section 46 (regulations creating offences for failure to comply with requirements imposed on responsible individuals);

(l) sections 59(1) and (4) and 61(6) and (9) (regulations about the market oversight regime);

(m) section 79(2) (regulations prescribing descriptions of persons to be treated as social care workers);

(n) section 80(1)(b) (regulations prescribing descriptions of social care worker in respect of whom SCW must keep a register);

(o) section 111(2) (regulations prescribing protected titles for social care workers other than social workers);

(p) section 117 (amending the grounds on which a registered person's fitness to practise may be regarded as impaired);

(q) section 130 (arrangements for mediation);

(r) section 136(2)(d) (persons to whom undertakings may be disclosed by SCW);

(s) section 142 (amending the ways in which a fitness to practise panel may dispose of matters);

(t) section 165 (designation of regulated activities etc. for the purposes of prohibition orders under Part 7);

(u) section 171(3) (creation of offences in relation to employment or appointment of persons subject to prohibition orders etc.);

(v) section 177(1)(h) (regulations prescribing other persons as relevant authorities for the purposes of Part 9);

(w) paragraph 7 of Schedule 1 (regulations specifying certain services as regulated advocacy services).

(3) Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(4) This section does not apply to regulations made under section 186.

Coming into force

188

(1) The provisions of this Act (except this section and sections 186, 187, 189 and 190) come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(2) This section and sections 186, 187, 189 and 190 come into force on the day after the day on which this Act receives Royal Assent.

(3) An order under this section may—

(a) appoint different days for different purposes or areas;

(b) include such transitory, transitional or saving provision as the Welsh Ministers think appropriate.

General interpretation

189

In this Act—

“caution” (“rhybuddiad”), in relation to an offence, means—a conditional caution given under section 22 of the Criminal Justice Act 2003 (c.44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c.37) (conditional cautions for children and young persons);any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted;anything corresponding to a caution falling within paragraph (a) or (b) (however described) which—is given to a person in respect of an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence, andis not an alternative to prosecution (within the meaning of section 8AA of the Rehabilitation of Offenders Act 1974 (c.53));

“financial year” (“blwyddyn ariannol”) means the period of one year beginning on 1 April and ending on 31 March;

“local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

“prescribed” (“a ragnodir” and “rhagnodedig”) means prescribed by regulations made by the Welsh Ministers;

“SCW” (“GCC”) has the meaning given by section 67;

“the tribunal” (“y tribiwnlys”) means the First-tier tribunal;

“well-being” (“llesiant”) has the same meaning as in section 2 of the 2014 Act;

“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-Being (Wales) Act 2014 (anaw 4).

Short title

190

The short title of this Act is the Regulation and Inspection of Social Care (Wales) Act 2016.

SCHEDULE 1 — REGULATED SERVICES: DEFINITIONS

Care home services

1

(1) A “care home service” is the provision of accommodation, together with nursing or care , in Wales ... to persons because of their vulnerability or need.

(2) But accommodation together with nursing or care provided at the following places does not constitute a care home service—

(a) a hospital;

(b) a school (but see sub-paragraph (3));

(d) a place providing a secure accommodation service;

(e) a place providing accommodation for an adult arranged as part of an adult placement service.

(3) Accommodation together with nursing or care provided at a school does constitute a care home service if, at the time accommodation is provided for children at the school—

(a) accommodation has been provided at the school or under arrangements made by the school's proprietor for at least one child for more than 295 days in any period of 12 months falling within the previous 24 months, or

(b) such accommodation is intended to be provided for at least one child for more than 295 days in any period of 12 months falling within the following 24 months.

(3A) But a school that constitutes a care home service by virtue of‍ sub-paragraph (3) does not constitute a‍ children’s home service unless–

(a) it has provided more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the previous 24 months, or

(b) it intends to provide more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the following 24 months.

(3B) In sub-paragraph (3A), “looked after children‍ means children who are looked after by local authorities as described in section 74(1) of the 2014 Act.

(4) The provision of accommodation and care to a child does not constitute a care home service if the accommodation and care is provided by—

(a) a person, other than a local authority, who has parental responsibility for the child;

(b) a relative of the child;

(c) a foster parent in relation to the child (but see also paragraph 5A(3) of Schedule 7 to the Children Act 1989 (c. 41).

(5) In sub-paragraph (2)(b), “school” has the meaning given by section 4 of the Education Act 1996 (c.56).

(6) In sub-paragraph (4), “parental responsibility has the meaning given by section 3 of the Children Act 1989 (c. 41).

(7) For the purposes of sub-paragraph (4) a person is a foster parent in relation to a child if the person—

(a) is a local authority foster parent, or

(b) fosters the child privately.

Secure accommodation services

2

A “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children.

Residential family centre services

3

(1) A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where—

(a) the parents' capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and

(b) the parents are given such care and support as is thought necessary.

(2) In sub-paragraph (1), “parent” in relation to a child, means any person who is looking after the child.

Adoption services

4

An “adoption service” is a service provided in Wales by—

(a) an adoption society within the meaning of the Adoption and Children Act 2002 (c.38) which is a voluntary organisation within the meaning of that Act (but see section 2(4) of the Adoption and Children Act 2002 (c. 38) (no application for registration to be made under Part 1 of this Act if an adoption society is an unincorporated body)), or

(b) an adoption support agency within the meaning given by section 8 of that Act.

Fostering services

5

A “fostering service” means any service provided in Wales by a person other than a local authority which consists of or includes—

(a) the placement of children with local authority foster parents, or

(b) exercising functions in connection with such placement.

Adult placement services

6

(1) An “adult placement service” means a service carried on (whether or not for profit) by a local authority or other person for the purposes of placing adults with an individual in Wales under a carer agreement (and includes any arrangements for the recruitment, training and supervision of such individuals).

(2) In sub-paragraph (1) “carer agreement” means an agreement for the provision by an individual of accommodation at the individual's home together with care and support for up to three adults.

Advocacy services

7

(1) An “advocacy service” is a service specified for the purposes of this paragraph by regulations made by the Welsh Ministers.

(2) A service may be specified as an advocacy service only if, and to the extent that, the following requirements are satisfied in relation to the service.

(3) The first requirement is that the service is a service which is carried on (whether or not for profit) for the purpose of representing the views of individuals, or assisting individuals to represent those views, in respect of matters relating to those individuals' needs for care and support (including matters relating to assessing whether those needs exist).

(4) The second requirement is that the service is not carried on by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007 (c.29)), who is—

(a) an authorised person for the purposes of that Act, or

(b) a person for whom one of the following provisions has effect so as to allow that person to continue to practise as a lawyer in England and Wales and Northern Ireland, or Scotland, on or after IP completion day—

(i) regulation 5 (transitional provision: the 1978 Order and Switzerland) of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (“the 2020 Regulations”);

(ii) regulation 5 (transitional provision: the European Communities (Services of Lawyers) Order 1978 and Switzerland) of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (“the 2019 Regulations”);

(iii) regulation 6 (transitional provision: the 2000 Regulations and Swiss lawyers) of the 2020 Regulations;

(iv) regulation 7 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and Swiss lawyers) of the 2019 Regulations.

(5) Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.

(6) But the requirement to consult does not apply to regulations which—

(a) amend other regulations made under that sub-paragraph, and

(b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

Domiciliary support services

8

(1) A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision).

(2) But the provision of care and support does not constitute a domiciliary support service if⁠—

(a) it is provided by an individual without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973 (c.35)), and who works wholly under the direction and control of the person receiving the care and support, or

(b) it is provided—

(i) at a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or

(ii) at a hospital.

(3) A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit).

Interpretation

9

In this Schedule—

“hospital” (“ysbyty”) means—a health service hospital within the meaning given by the National Health Service (Wales) Act 2006 (c.42),an independent hospital within the meaning given by the Care Standards Act 2000 (c.14), andan independent clinic within the meaning given by the Care Standards Act 2000;

“local authority foster parent” (“rhiant maeth awdurdod lleol”) has the meaning given by the 2014 Act.

SCHEDULE 1A — RESTRICTED CHILDREN’S SERVICES: TRANSITIONAL REGISTRATION ARRANGEMENTS FOR EXISTING SERVICE PROVIDERS

Transitional period in respect of restricted children’s services

1

(1) In this Schedule, in relation to a‍ restricted children’s service, references to the transitional period are to the period that—

(a) begins with the day on which the service becomes a restricted children’s service by virtue of section 6A(1) coming into force in relation to the service, and

(b) ends with the day appointed by the Welsh Ministers by regulations for the purposes of this paragraph.

(2) Regulations made under sub-paragraph (1)(b) may appoint different days for—

(a) different types of restricted children’s service;

(b) different descriptions of service provider (for example service providers that specialise in the provision of a particular type of restricted children’s service).

(3) But sub-paragraph (2) does not limit the application of section 187 in relation to regulations made under sub-paragraph (1)(b).

(4) Before making regulations under sub-paragraph (1)(b) the Welsh Ministers must consult any persons they think appropriate.

Existing service providers: exemption from section 6A(1)

2

(1) This paragraph applies to a service provider, other than a local authority, who is registered—

(a) in respect of a‍ children’s home service, when the transitional period begins in respect of that service;

(b) in respect of a fostering service, when the transitional period begins in respect of that service;

(2) And this paragraph applies to such a service provider during the transitional period.

(3) In this Schedule, in relation to a provider, references to the existing service are to the service in respect of which the provider is registered as described in sub-paragraph (1).

(4) In so far as a service provider to‍ which this paragraph applies is registered in respect of the existing service—

(a) the registration of the provider is not subject to the requirement in section 6A(1) (and any reference to that requirement is to be read accordingly), and

(b) (in consequence) the entry in the register in respect of the provider must show—

(i) that the provider’s registration in respect of the existing service is not subject to the requirement in section 6A(1), and

(ii) that the condition in section 7(3)(aa) is not imposed on the provider’s registration in respect of that service.

(5) But sub-paragraph‍ (4) does not apply for the purposes of an application made by the service provider—

(a) in relation to the existing service, under section 11(1)(a)(ii);

(b) in respect of any other service, under section 11(1)(a)(i).

Regulations about provision of restricted children’s services by existing service providers

3

(1) The Welsh Ministers may by regulations make provision imposing conditions on a service provider to‍ which paragraph 2 applies.

(2) Conditions imposed by regulations under sub-paragraph (1) may include—

(a) restrictions on the type of restricted children’s service that the service provider may provide;

(b) restrictions on the description of looked after children in respect of whom the provider may provide the restricted children’s service, for example by reference to their care and support needs.

(3) Sub-paragraph (4) applies where—

(a) a service provider fails to comply with conditions imposed by regulations under sub-paragraph (1), or

(b) in the case of a service provider described in paragraph 2(1)(b), the provider fails to comply with regulations made under section 87 of the 2014 Act.

(4) Where this sub-paragraph applies, the Welsh Ministers may—

(a) exercise their functions under section 13 to vary the provider’s registration by removing the service or a place at which the existing service is provided, or

(b) exercise their functions under section 15 to cancel the provider’s registration in respect of the existing service.

(5) Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.‍

Existing service providers: application for variation of registration

4

(1) This paragraph applies in respect of a service provider‍ that is registered in respect of an existing service.

(2) Despite paragraph 2(4), a service provider to‍ which this paragraph applies may apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).

(3) But where a service provider to which this paragraph applies makes an application under section 11(1)(a)(i) or (ii) in respect of a restricted children’s service that is not the existing service, the provider must apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).

(4) An application under‍ this paragraph must—

(a) include such information as may be prescribed to satisfy the Welsh Ministers that the person meets the requirement in section 6A(1), and

(b) be in the prescribed form.

(5) The Welsh Ministers must grant an application under‍ this paragraph if satisfied that—

(a) the application—

(i) contains everything required under sub-paragraph (4)(a), and

(ii) meets the requirements prescribed under sub-paragraph (4)(b), and

(b) the provider meets the requirement in section 6A(1).

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

(7) Where the Welsh Ministers grant an application under sub-paragraph (5), the Welsh Ministers mus‍t, in so far as the provider is registered in respect of the existing service—

(a) impose the condition in section 7(3)(aa) on the provider’s registration;

(b) show in the register that—

(i) the provider’s registration in respect of the existing service is subject to the requirement in section 6A(1), and

(ii) the condition in section 7(3)(aa) is imposed on the provider’s registration in respect of that service.

(8) Where a variation under this paragraph takes effect, paragraphs 2(4) and 3 do not apply to the service provider.

(9) A variation under this‍ paragraph takes effect only if the requirements of section 18 to 20 are met (so far as applicable).

Interpretation

5

In this Schedule—

(a) “looked after children” means children who are looked after by local authorities as described in section 74(1) of the 2014 Act;

(b) references to the “register are to the register maintained under section 38 of this Act.

PART 1 — STATUS

Status

1

(1) SCW is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) SCW's property is not to be regarded as property of, or property held on behalf of, the Crown.

PART 2 — MEMBERSHIP

Members

2

(1) SCW is to consist of—

(a) a member to chair SCW (“the chairing member”), and

(b) not more than 14 other members.

(2) SCW's members are to be appointed by the Welsh Ministers.

(3) A person who is a member of SCW's staff may not be appointed or hold office as a member of SCW.

(4) SCW's members are to hold office on such terms and conditions as the Welsh Ministers may determine; but this is subject to the other provisions of this Schedule.

(5) Before making an appointment under this paragraph the Welsh Ministers must consult such persons as they think appropriate.

(6) In exercising their functions under this paragraph the Welsh Ministers must have regard to the desirability of appointing a varied membership which comprises a majority of persons who are not, and have not been, social care workers or representatives of social care workers.

Remuneration etc. of members

3

(1) SCW may pay to its members such remuneration, expenses and allowances as the Welsh Ministers may determine.

(2) SCW is to pay, or make provision for the payment, of such pension, allowance or gratuities as the Welsh Ministers may determine to or in respect of a person who is or has been a member of SCW.

(3) If the Welsh Ministers determine that there are special circumstances which make it right for a person ceasing to hold office as the chairing member of SCW to receive compensation, SCW must pay the person or make provision for the payment to the person of such compensation as the Welsh Ministers may determine.

Term of office

4

A person appointed as a member of SCW holds office for such period as the Welsh Ministers may determine when making the appointment; but that period may not exceed 4 years.

Resignation

5

(1) The chairing member may resign by giving written notice to the Welsh Ministers.

(2) Resignation may be either—

(a) as chairing member, or

(b) as both chairing member and member.

(3) A member of SCW who is not the chairing member may resign by giving written notice to the Welsh Ministers.

Dismissal

6

(1) The Welsh Ministers may by written notice dismiss the chairing member if satisfied that he or she—

(a) is unfit to continue as chairing member, or

(b) is unable or unwilling to act as chairing member.

(2) Dismissal may be either—

(a) as chairing member, or

(b) as both chairing member and member.

(3) The Welsh Ministers may by written notice dismiss a member of SCW who is not the chairing member if satisfied that he or she—

(a) is unfit to continue as a member, or

(b) is unable or unwilling to act as a member.

PART 3 — GENERAL POWERS

Committees

7

(1) SCW may establish committees.

(2) Committees established under sub-paragraph (1) may establish sub-committees.

(3) A committee or sub-committee established under this paragraph may include, or be comprised entirely of, persons who are not members of SCW.

(4) SCW may pay remuneration, expenses and allowances to any person who—

(a) is a member of a committee or sub-committee established under this paragraph, and

(b) is not a member of SCW, or a member of its staff.

Delegation

8

(1) SCW may arrange for any of its functions to be exercised by any of its—

(a) committees,

(b) sub-committees,

(d) staff.

(2) Sub-paragraph (1) does not affect SCW's responsibility for exercise of delegated functions or affect its ability to exercise delegated functions.

Supplementary powers

9

SCW may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions.

PART 4 — PROCEEDINGS ETC.

Procedure

10

(1) SCW is to regulate its own procedure (including quorum); but this is subject to the other provisions of this Act and any regulations made under it.

(2) SCW is to regulate the procedure (including quorum) of its—

(a) committees, and

(b) sub-committees.

Application of seal

11

(1) SCW may have a seal.

(2) The application of the seal must be authenticated by the signature of—

(a) any member of SCW, or

(b) any other person authorised by SCW for that purpose.

Evidence

12

A document purporting to be duly executed under the seal of SCW or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

PART 5 — CHIEF EXECUTIVE AND OTHER STAFF

Chief executive and other staff

13

(1) SCW must appoint a chief executive.

(2) SCW may appoint such other staff as it thinks appropriate; but this is subject to section 81 (duty of SCW to appoint a registrar).

(3) A person appointed as chief executive is employed on such terms and conditions as SCW may determine; but the appointment (including any terms and conditions of appointment) requires the approval of the Welsh Ministers.

(4) Any other staff appointed under this paragraph are employed on such terms and conditions as SCW may determine; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such staff.

PART 6 — FINANCIAL MATTERS AND ANNUAL REPORTS ETC.

Payments by the Welsh Ministers

14

The Welsh Ministers may make payments to SCW of such amounts, and at such times and on such conditions (if any), as the Welsh Ministers think appropriate.

Accounting officer

15

(1) The chief executive is to act as SCW's accounting officer.

(2) The accounting officer has, in relation to SCW's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.

(3) The responsibilities that may be specified include—

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of SCW's finances;

(d) responsibilities owed to the Welsh Ministers, Senedd Cymru or the Public Accounts Committee of Senedd Cymru;

(e) responsibilities owed to the House of Commons or the Committee of Public Accounts of that House.

Accounts and audit

16

(1) SCW must for each financial year—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented, and

(3) No later than 31 August after the end of each financial year SCW must submit its statement of accounts to—

(a) the Welsh Ministers, and

(b) the Auditor General for Wales.

(4) The Auditor General for Wales must—

(a) examine, certify and report on the statement of accounts, and

(b) no later than 4 months after the statement was submitted, lay before Senedd Cymru a copy of the certified statement and report.

Annual reports etc.

17

(1) No later than 30 November after the end of each financial year SCW must publish a report on the exercise of its functions during that year (an “annual report”).

(2) As soon as possible after an annual report is published SCW must send a copy of it to the Welsh Ministers.

(3) SCW must provide the Welsh Ministers with such other reports and information relating to the exercise of its functions as they may from time to time require.

SCHEDULE 3 — MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 — REGULATION OF SERVICES

Care Standards Act 2000

1

The Care Standards Act 2000 (c.14) is amended as follows.

2

In section 1—

(a) in subsection (1), at the end insert “ as it applies in relation to England ”;

(b) in subsection (2), after “establishment” insert “ in England ”;

(d) in subsection (4A), the words “in England” are repealed;

(e) the section heading becomes “ Children's homes in England ”.

3

In section 3—

(a) in subsection (1), after “establishment” insert “ in England ”;

(b) subsection (3) is repealed;

(d) the section heading becomes “ Care homes in England ”.

4

In section 4—

(a) in subsection (2), after “establishment” insert “ in England ”;

(b) in subsection (3), after “persons” insert “ in England ”;

(i) in paragraph (a), after “authorities” insert “ in England ”;

(ii) in paragraph (b), after “organisation” insert “ in England ”;

(d) subsection (5) is repealed;

(e) in subsection (7), at the end insert “ whose principal office is in England ”;

(f) in subsection (7A), for “has” substitute “ means an undertaking in England which is an adoption support agency within ”;

(g) in subsection (8)(a)—

(i) in sub-paragraph (i), at the end insert “ in England ”;

(ii) in sub-paragraph (ii), after “home” insert “ in England ”;

(iii) sub-paragraph (vi) is repealed;

(iv) in sub-paragraph (vii), at the end insert “ in England ”;

(h) in subsection (9)(a), sub-paragraphs (ii) and (iii) are repealed;

(i) in subsection (10), after “services” where it first occurs insert “ in England ”.

5

In section 5—

(a) in subsection (1)(b), for “in any other case” substitute “in the case of establishments and agencies mentioned in subsection (1B)”

(b) in subsection (1A), after “agencies” insert “ mentioned in subsection (1)(a) ”;

(1B) The establishments mentioned in subsection (1)(b) are— (a) independent hospitals in Wales; (b) independent clinics in Wales; (c) independent medical agencies in Wales.

(d) subsection (2) is repealed.

6

In section 8(6)—

(a) in paragraph (a), for “section 5(b)” substitute “ section 5(1)(b) ”;

(b) in paragraph (b) for sub-paragraphs (i) and (ii) substitute

by the Care Quality Commission— (i) under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or (ii) under the Mental Health Act 1983 in relation to England.

7

In section 14(2), after paragraph (f) insert—

(g) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

8

In section 22—

(a) in subsection (1), for paragraph (b) substitute—

(b) regulations made by the Welsh Ministers— (i) may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and (ii) may in particular make any provision such as is mentioned in subsection (2), (7) or (8) in so far as relevant to those establishments.

(b) subsections (3) and (4) are repealed.

9

In section 22B—

(a) in subsection (1), for “registration authority” substitute “ CIECSS ”;

(b) in subsection (3)(c), for “registration authority's” substitute “CIECSS's”;

(d) in subsection (5)(a), for “registration authority” substitute “ CIECSS ”;

(e) in subsection (6), for “registration authority” substitute “ CIECSS ”;

(f) in subsection (8)—

(i) in paragraph (a), at the end insert “ in England ”;

(ii) in paragraph (b), at the end insert “ in England ”.

10

In section 23, after subsection (1) insert—

(1ZA) But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.

11

In section 30A—

(a) in subsection (1), after “agency” insert “ in England ”;

(b) in subsection (2), for “registration authority” substitute “ CIECSS ”;

(d) in subsection (7), in the definition of “prescribed”, paragraph (b) is repealed.

12

Section 36A is repealed.

13

In section 42—

(a) for subsection (2) substitute—

(2) This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.

(b) in subsection (7), the definition of “Welsh local authorities” is repealed.

14

In section 43, after subsection (1) insert—

(1A) “Local authority” means a local authority in England.

15

In section 50(1), for “registration authority” substitute “ CIECSS ”.

16

Section 79(3) is repealed.

17

The Health and Social Care (Community Health and Standards) Act 2003 (c.43) is amended as follows.

18

Chapter 6 of Part 2 (social services: functions of the National Assembly for Wales) is repealed.

19

In section 142, in paragraph (a)—

(a) in sub-paragraph (i), omit “and 6”;

(b) in sub-paragraph (ii), for “section 5(b)” substitute “ section 5(1)(b) ”.

20

In section 143(2), paragraph (b) is repealed.

Public Audit (Wales) Act 2004

21

The Public Audit (Wales) Act 2004 (c.23) is amended as follows.

22

In section 41(6) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies for improving economy etc. in services), for the words from “sections 94 and 95” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

23

In section 42(4) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies about the impact of statutory provisions), for the words from “section 95(2)” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

Children Act 2004

24

In section 30 of the Children Act 2004 (c.31) (inspection of functions under Part 3), for subsection (1) substitute—

(1) The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).

Public Services Ombudsman (Wales) Act 2005

25

The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

26

In section 34R (meaning of “care home” and “care home provider”)—

(a) in subsection (2), for the words from “has” to the end substitute “ means premises 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; ”

(b) in subsection (3), for “carries on a care home” substitute “ is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over ”;

(c) in subsection (5), for the words from “personal” to the end of paragraph (a) substitute “ care in a care home in Wales for an individual because of the individual's vulnerability or need, ”;

(d) after subsection (5), insert—

(6) “Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

27

In section 42(4A) (meaning of “former care home provider”), for the words from “personal” to the end of paragraph (a) substitute “ care of a particular description at a care home in Wales (see section 32R), ”.

Safeguarding Vulnerable Groups Act 2006

28

In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c.47) (regulated activity relating to children), in sub-paragraph (9B)—

(a) for sub-sub-paragraph (h) substitute—

(h) an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);

(b) for sub-sub-paragraph (j) substitute—

(j) a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);

29

The 2014 Act is amended as follows.

30

In section 1 (overview)—

(a) in subsection (9)—

(i) after paragraph (b) insert—

(ba) requires local authorities to produce— (i) annual reports about the exercise of social services functions, and (ii) reports about the stability of local markets for providing care and support, (sections 144A and 144B);

(ii) after paragraph (c) insert—

(ca) provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B);

(iii) in paragraph (d), for “161).” substitute

160); (da) allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C).”;

(b) in subsection (15)(c), for “an establishment or agency (within the meaning of the Care Standards Act 2000)” substitute “ a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) ”.

31

Section 183 (publicising advocacy services in care homes) is repealed.

32

In section 188(1) (definitions for the purposes of sections 185 to 187), in the definition of “youth detention accommodation”, for paragraph (a) substitute—

(a) a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);

33

In section 189 (provider failure: temporary duty on local authority)—

(a) for subsection (1) substitute—

(1) This section applies where a service provider becomes unable to provide a regulated service because of business failure.

(b) in subsection (2), for the words from “registered” to “agency” where it second occurs substitute “ service provider became unable to provide the regulated service, being met in the authority's area by the service provider ”;

(c) in subsection (5)(a), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”;

(d) in subsection (9)—

(i) the definition of “registered person” is repealed;

(ii) before the definition of “relevant carer” insert—

“regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

(iii) at the end insert—

“service provider” (“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

34

In section 190(1) (provider failure: exception to temporary duty), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”.

35

In section 191 (provider failure: supplementary)—

(a) in subsection (6), for “registered person, or such other person involved in the establishment or agency's” substitute “service provider, or such other person involved in the service provider's”;

(b) in subsection (7), for “carry on or manage an establishment or agency” substitute “ provide a regulated service ”.

36

In section 197(1) (definitions)—

(a) for the definition of “care home”, substitute—

“care home” (“cartref gofal”)—has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; andmeans a place in Wales 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 adults;

(b) for the definition of “children’s home”, substitute—

“children’s home” (“cartref plant”) means—a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; andmeans premises in Wales 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 children by a person registered under Part 1 of that Act;

Mental Health Act 1983

37

The Mental Health Act 1983 (c.20) is amended as follows.

38

In section 114A (approval of courses for mental health professionals: Wales)—

(a) in subsection (1), for “Care Council for Wales” substitute “ Social Care Wales ”;

(b) for subsection (2) substitute—

(2) For that purpose— (a) subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and (b) sections 73 to 75 and section 115 of that Act apply accordingly.”;

(c) in subsection (4), for the words from “for” to the end substitute “ for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”;

(d) in subsection (5), for “Care Council for Wales” substitute “ Social Care Wales ”.

39

In section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties), for the words from “principal” to the end substitute “ social worker part or the visiting European social worker part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ”

Care Standards Act 2000

40

The Care Standards Act 2000 (c.14) is amended as follows.

41

The following provisions are repealed—

(a) sections 56 (the register) to 66 (visitors for certain social work courses);

(b) sections 68 (appeals to the tribunal), 69 (publication etc. of register) and 71 (rules);

(d) the entry for the Welsh Council in the table in section 121(13) (general interpretation etc.);

(e) Schedule 1 (the Welsh Council).

42

In section 55 (interpretation)—

(a) for subsections (4A), (2), (3) and (4) substitute—

(2) “Social care worker” means a person (other than a person excepted by regulations) who— (a) engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “social worker”), (b) is employed at a children's home in England, a care home in England or a residential family centre in England, (c) manages a home or centre of a kind mentioned in paragraph (b), (d) is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England, (e) manages an agency of the kind mentioned in paragraph (d), or (f) is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. (3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers— (a) a person engaged in work for the purposes of a local authority in England's social services functions; (b) a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions; (c) a person engaged in the provision of personal care for any person in England; (d) a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England; (e) a person who manages an undertaking of the kind mentioned in paragraph (d); (f) a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.); (g) a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under— (i) section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges), (ii) section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector); (h) a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part); (i) a person who manages employees mentioned in paragraph (g) or (h); (j) a person employed in a day centre in England; (k) a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers.

, and

(b) omit subsections (6), (7) and (8).

43

In section 67 (functions of the appropriate Minister)—

(a) in subsection (1), for “appropriate Minister” substitute “ Secretary of State ”,

(b) for subsection (2) substitute—

(2) The Secretary of State shall encourage persons to take part in— (a) courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and (b) other courses relevant to the training of persons who are or wish to become social care workers.

(i) for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”, and

(ii) for “appropriate Minister” at the second place it appears substitute “ Secretary of State ”;

(d) in subsection (4)—

(i) for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”,

(ii) for “the Minister” substitute “ he or she ”, and

(iii) in paragraph (a), omit “and Wales,”;

(e) omit subsection (6);

(f) in subsection (7)—

(i) in paragraph (a), omit “or (6)(b)”,

(ii) in paragraph (b), for “appropriate Minister” substitute “ Secretary of State ”, and

(iii) in the words after paragraph (b), for “and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b)” substitute “ and in subsection (5)(b) ”;

(g) for the heading, substitute “ Functions of the Secretary of State ”.

44

In Schedule 2A (persons subject to review by the Children's Commissioner for Wales), in paragraph 14, for “The Care Council for Wales” substitute “ Social Care Wales ”.

Adoption and Children Act 2002

45

The Adoption and Children Act 2002 (c.38) is amended as follows.

46

In section 10(2) (management etc. of agencies), for “section 56(1) of the Care Standards Act 2000 (c. 14)” substitute “ section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”.

Public Audit (Wales) Act 2004

47

The Public Audit (Wales) Act 2004 (c.23) is amended as follows.

48

In section 41 (studies for improving economy etc. in services), after subsection (6) insert—

(7) Subsection (8) applies in respect of the discharge of social services functions by local authorities in Wales. (8) The Auditor General and the Social Care Wales must co-operate with each other with respect to the exercise of their respective functions under this section and section 70 of the Regulation and Inspection of Social Care (Wales) Act 2016 (studies by SCW as to economy etc.). (9) In subsection (7) “social services functions” has the same meaning as in the Social Services and Well-being (Wales) Act 2014.

Public Services Ombudsman (Wales) Act 2005

49

The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

50

In Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commissioner for Older People (Wales) Act 2006

51

The Commissioner for Older People (Wales) Act 2006 (c.30) is amended as follows.

52

In Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Safeguarding Vulnerable Groups Act 2006

53

The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows.

54

In section 41 (registers: power to refer information to the Disclosure and Barring Service), in entry number 8 in the table in subsection (7)—

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Regulation and Inspection of Social Care (Wales) Act 2016

Publication of fitness to practise decisions

161

Guidance about fitness to practise

162

Suspension: supplementary

163

Meaning of “registered person” in Part 6

164

PART 7 — ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS

Designation of regulated activity

165

Conditions for making a prohibition order

166

Interim prohibition orders

167

Prohibition orders: supplementary provision

168

Interim prohibition orders: review

169

Appeals

170

Offences

171

Supplementary provision

List of prohibited persons

172

Standards of conduct

173

PART 8 — SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

Duty to establish panels etc.

174

Proceedings before panels

175

PART 9 — CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

The regulatory bodies

176

Relevant authorities

177

Co-operation in the exercise of functions

178

Joint exercise of functions

179

Delegating functions to another regulatory body

180

Sharing information

181

Sharing information to protect well-being

182

PART 10 — MISCELLANEOUS AND GENERAL

Inquiries

183

Service of documents etc.

184

PART 11 — FINAL PROVISIONS

Minor and consequential amendments

185

Power to make consequential etc. provision

186

Regulations under this Act

187

Coming into force

188

General interpretation

189

Short title

190

SCHEDULE 1 — REGULATED SERVICES: DEFINITIONS

Care home services

1

Secure accommodation services

2

Residential family centre services

3

Adoption services

4

Fostering services

5

Adult placement services

6