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

Made: 15 February 2018

Coming into force in accordance with article 2

A draft of these Regulations was laid before the National Assembly for Wales under section 186(4) of the Regulation and Inspection of Social Care (Wales) Act 2016 and section 196(6) of the Social Services and Well-being (Wales) Act 2014 and has been approved by a resolution of the National Assembly for Wales.

Title

1

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

Commencement

2

• (1) These Regulations come into force on 2 April 2018 subject to paragraphs (2) to (4).

• (2) Regulation 19 comes into force on the day on which section 14 of the Community Care (Delayed Discharges etc.) Act 2003[^f00003] comes into force.

• (3) Regulation 46 comes into force on the day on which paragraph 3 of Schedule 3 to the Immigration Act 2014[^f00004] comes into force in relation to premises located in Wales.

• (4) Regulation 56 comes into force on the day on which paragraph 4 of Schedule 2 to the Renting Homes (Wales) Act 2016[^f00005] comes into force.

Amendments to primary legislation

Mental Health Act 1983 (c. 20)

3

The Mental Health Act 1983 is amended as follows.

4

In section 119(3)[^f00006]—

• (a) omit “or” at the end of paragraph (a);

• (b) at the end of paragraph (b) insert “; or

(c) premises at which— (i) a care home service, (ii) a secure accommodation service, or (iii) a residential family centre service, within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided by a person registered under Part 1 of that Act.

5

In section 120(9)[^f00007]—

• (a) omit “or” at the end of paragraph (a);

• (b) at the end of paragraph (b) insert

“, or (c) premises at which— (i) a care home service, (ii) a secure accommodation service, or (iii) a residential family centre service, within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided by a person registered under Part 1 of that Act.

6

In section 145(1)[^f00008], for the definition of “care home” substitute—

• “care home”—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 persons aged 18 or over;

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

7

• (1) Section 2(5)[^f00009] of the Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

• (2) At the beginning of paragraph (d) insert “in England,”.

• (3) After paragraph (d) insert—

(da) in Wales, in premises at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over, or

Children Act 1989 (c. 41)

8

The Children Act 1989 is amended as follows.

9

In section 22C(6)(c)[^f00010], after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”.

10

In section 59(1)(aa)[^f00011], after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

11

In section 63(12)[^f00012]—

• (a) for “without being treated” substitute “without being treated—

(a)”;

• (b) after “children’s home” insert

“and, (b) for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016, as providing a care home service within the meaning of Part 1 of that Act

12

In section 105(1)—

• (a) for the definition of “care home”[^f00013] substitute—

• “care home”—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 persons aged 18 or over;

• (b) for the definition of “children’s home”[^f00014] substitute—

• “children’s home”—has the same meaning as it has for the purposes of the Care Standards Act 2000 in respect of a children’s home in England (see section 1 of that Act); 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 children;

• (c) in the definition of “private children’s home”[^f00015], after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

13

In Schedule 7 (effect of exceeding fostering limit)—

• (a) at the beginning of paragraph 5[^f00016] insert—

(A1) This paragraph applies to a person fostering in England.

• (b) after paragraph 5, insert—

(5A) (1) This paragraph applies to a person (P) fostering in Wales. (2) Sub-paragraph (3) applies where— (a) P exceeds the usual fostering limit and is not exempted under paragraph 4; (b) P is exempted under paragraph 4 and exceeds the usual fostering limit by fostering a child not named in the exemption. (3) Where this paragraph applies, P is not to be treated as fostering and is to be treated for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 as providing a care home service. (4) But sub-paragraph (3) does not apply if the children fostered are all siblings in respect of each other.

14

In Schedule 8, in paragraph 9(1)[^f00017], after “Care Standards Act 2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

National Health Service and Community Care Act 1990 (c. 19)

15

In section 48(1A)[^f00018] of the National Health Service and Community Care Act 1990, in paragraph (b) after “2000” insert “or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”.

Water Industry Act 1991 (c. 56)

16

• (1) Schedule 4A[^f00019] to the Water Industry Act 1991 is amended as follows.

• (2) In paragraph 8(2)[^f00020]—

• (a) in paragraph (a), after “care home” insert “in England”;

• (b) after paragraph (a), insert—

(aa) 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 (anaw 2), is provided;

• (c) in paragraph (d)(i) omit “; and”;

• (d) omit paragraph (d)(ii).

• (3) In paragraph 9[^f00021] after “children’s home” insert “in England”.

Local Government Finance Act 1992 (c. 14)

17

• (1) In Schedule 1 to the Local Government Finance Act 1992, the definition of “care home” in paragraph 7(2)[^f00022] is amended as follows.

• (2) In paragraph (a), after “care home” insert “in England”.

• (3) After paragraph (a), insert—

(aa) a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care Act (Wales) 2016 (anaw 2), is provided wholly or mainly to adults; or

• (4) At the end of the definition of “care home” insert as closing words—

and in paragraphs (aa) and (b) “adult” means a person aged 18 or over;

Education Act 2002 (c. 32)

18

In section 168(2) of the Education Act 2002, for paragraph (a) substitute—

(a) require the provision of such information as is required for the purposes of determining whether the school is— (i) a children’s home in England (within the meaning of the Care Standards Act 2000), or (ii) a provider of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016);

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

19

In section 14(3) of the Community Care (Delayed Discharges etc.) Act 2003, for the definition of “care home” substitute—

• “care home”—has the same meaning as in the Care Standards Act 2000 (c. 14) 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 (anaw 2) is provided wholly or mainly to persons aged 18 or over; and

Sexual Offences Act 2003 (c. 42)

20

The Sexual Offences Act 2003 is amended as follows.

21

In section 21(4)[^f00023], after paragraph (f) insert—

(g) a place in Wales at which a care home service is provided,

22

In section 22(5)—

• (a) in the definition of “care home” after “establishment” insert “in England”;

• (b) in the appropriate place insert—

• “care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);

• (c) in the definition of “children’s home” omit “and Wales”;

• (d) in the definition of “community home” after “has” insert “, in relation to England”;

• (e) in the definition of “voluntary home”, omit “and Wales”.

23

In section 42—

• (a) in subsection (2)(a) for “or children’s home” substitute “, children’s home, or premises in Wales at which a secure accommodation service is provided”;

• (b) in subsection (2)(b)—

• (i) omit “in the home”;

• (ii) after “of employment” insert “in the home or the premises”;

• (c) in subsection (5)—

• (i) for the definition of “care home” substitute—

• “care home” means—an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); anda 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 persons aged 18 or over;

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

• “children’s home”—has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s 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 persons under the age of 18;

• (iii) in the appropriate place insert—

• “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

Criminal Justice Act 2003 (c. 44)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Age-Related Payments Act 2004 (c. 10)

25

• (1) Section 8(1) of the Age-Related Payments Act 2004 is amended as follows.

• (2) In the definition of “care home”—

• (a) in paragraph (a)—

• (i) omit “and Wales”;

• (ii) after “Care Standards Act 2000 (c. 14),” omit “and”;

• (b) after paragraph (a) insert—

(aa) 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 (anaw 2) is provided wholly or mainly to persons aged 18 or over, and

Income Tax (Trading and Other Income) Act 2005 (c. 5)

26

In section 726 of the Income Tax (Trading and Other Income) Act 2005, for subsection (2A)[^f00026] substitute—

(2A) A person meets the care registration requirement in relation to care provided in Wales if the person is registered under— (a) Part 2 of the Care Standards Act 2000, or (b) Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), in respect of the provision of the care.

Mental Capacity Act 2005 (c. 9)

27

The Mental Capacity Act 2005 is amended as follows.

28

In section 35(6)(b)(iii)[^f00027], for “or Chapter 2 of Part 1 of the Health and Social Care Act 2008” substitute “, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”.

29

In section 38, for subsection (6) substitute—

(6) “Care home” means— (a) a care home in England within the meaning given in section 3 of the Care Standards Act 2000 (c. 14), and (b) 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 persons aged 18 or over.

30

In section 49(7)(c)[^f00028], for “or Chapter 2 of Part 1 of the Health and Social Care Act 2008” substitute “, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

31

In section 58(5)(c)[^f00029], for “or Chapter 2 of Part 1 of the Health and Social Care Act 2008” substitute “, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

32

In section 61(5)(c)[^f00030], for “or Chapter 2 of Part 1 of the Health and Social Care Act 2008” substitute “, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

33

In Schedule A1[^f00031]—

• (a) in paragraph 131(c)[^f00032], for “or Chapter 2 of Part 1 of the Health and Social Care Act 2008” substitute “, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016”;

• (b) for paragraph 178 substitute—

(178) “Care home” means— (a) a care home in England within the meaning given by section 3 of the Care Standards Act 2000, and (b) 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 persons aged 18 or over.

• (c) in paragraph 179(b)[^f00033], for “Part 2 of the Care Standards Act 2000 in respect of the care home” substitute “under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of the care home”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

34

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

35

In section 45(7)—

• (a) after paragraph (c) insert—

(ca) the Welsh Ministers in respect of their functions under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);

• (b) for paragraph (e)[^f00034] substitute—

(e) the Welsh Ministers in respect of their functions under Chapter 4 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 and Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4);

36

In Part 1 of Schedule 4, in paragraph 1—

• (a) in sub-paragraph (11)(a)[^f00035], after “agency” insert “, service provider”;

• (b) in sub-paragraph (12)—

• (i) in the opening line, after “agency” insert “, service provider”;

• (ii) at the end of paragraph (b) omit “or”;