LegalizeThe Regulated Services (Penalty Notices) (Wales) Regulations 2017
Made: 14 December 2017
Laid before the National Assembly for Wales: 18 December 2017
Coming into force: 2 April 2018
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Title, commencement and application
1
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Interpretation
2
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Prescribed offences
3
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Amount of penalty
4
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Period for payment of the penalty
5
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Payment of the penalty
6
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Period during which proceedings may not be instituted
7
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Withdrawal of penalty notice
8
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Content of penalty notice
9
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Records
10
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SCHEDULE — Prescribed offences
| Provision creating offence | General nature of the offence | Amount of penalty |
|---|---|---|
| (1) See section 37 of the Criminal Justice Act 1982 (c. 48) (“the 1982 Act”); at the date of the coming into force of these Regulations, level 4 on the standard scale is set at £2,500 (this figure may be increased by virtue of an amendment to the 1982 Act). | (1) See section 37 of the Criminal Justice Act 1982 (c. 48) (“the 1982 Act”); at the date of the coming into force of these Regulations, level 4 on the standard scale is set at £2,500 (this figure may be increased by virtue of an amendment to the 1982 Act). | (1) See section 37 of the Criminal Justice Act 1982 (c. 48) (“the 1982 Act”); at the date of the coming into force of these Regulations, level 4 on the standard scale is set at £2,500 (this figure may be increased by virtue of an amendment to the 1982 Act). |
| Section 47 of the Act | Making false statements | An amount corresponding to two and a half times level 4 on the standard scale[^f01000] |
| Section 48 of the Act | Failure to submit an annual return | An amount corresponding to level 4 on the standard scale |
| Section 49 of the Act | Failure to provide information | An amount corresponding to level 4 on the standard scale |
| Regulation 7(3) and (5) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the statement of purpose | An amount corresponding to two and a half times level 4 on the standard scale |
| Regulation 11(3) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the financial position of the service | An amount corresponding to level 4 on the standard scale |
| Regulation 12(1) and (2) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements to have in place specified policies and procedures | An amount corresponding to level 4 on the standard scale |
| Regulation 19(1), (2) and (3) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the provision of information about the service | An amount corresponding to two times level 4 on the standard scale |
| Regulation 20(1) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the provision of a service agreement | An amount corresponding to level 4 on the standard scale |
| Regulation 35(1) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the fitness of staff | An amount corresponding to two and a half times level 4 on the standard scale |
| Regulation 38(1) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the provision of information for staff | An amount corresponding to two times level 4 on the standard scale |
| Regulation 59(1), (2) and (3) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the making and maintenance of records | An amount corresponding to two times level 4 on the standard scale |
| Regulation 60(1), (2) and (4) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to notifications to the service regulator | An amount corresponding to two times level 4 on the standard scale |
| Regulation 67(1) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the duty of a responsible individual to appoint a manager | An amount corresponding to two and a half times level 4 on the standard scale |
| Regulation 74(1) and (2) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the duty of a responsible individual to report the adequacy of resources | An amount corresponding to two times level 4 on the standard scale |
| Regulation 75(1) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the making by a responsible individual of other reports to the service provider | An amount corresponding to two times level 4 on the standard scale |
| Regulation 80(4) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the preparation by a responsible individual of a report in respect of a quality of care review | An amount corresponding to two times level 4 on the standard scale |
| Regulation 81(1) of the Service Providers Regulations | Contravention of, or failure to comply with, requirements in relation to the preparation by a responsible individual of a statement of compliance with the requirements as to standards of care and support | An amount corresponding to two times level 4 on the standard scale |
| Regulation 84(1) and (3) of the Service Providers Regulations | Contravention of, or failure to comply with requirements in relation to the responsible individual’s duty to make notifications to the service regulator | An amount corresponding to two times level 4 on the standard scale |
Signed
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 — 14 December 2017
Explanatory note
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Footnotes
[^f00001]: 2016 anaw 2.
[^f00002]: S.I. 2017/1264 (W. 295).
[^f00003]: See section 189 of the Act for the definition of “prescribed”.
[^f00004]: The second column in the table in the Schedule contains a description of the prescribed offence.
[^f00005]: Section 184 of the Act (service of documents etc.) specifies that notices may be hand delivered, may be left at a recipient’s address, sent by recorded delivery or, if the recipient has agreed to receive it electronically, by being sent electronically to an address provided for that purpose; subsection (8) provides that where a notice is sent by recorded delivery or electronically it is to be taken to have been received 48 hours after it is sent (unless the contrary is shown).
Editorial notes
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