The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019
W.S.I. 2019/163 · Made 31 January 2019 · Extends to England and Wales
Social Care, Wales
Made 31st January 2019
Coming into force 29th April 2019
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 21(5), 27, 28, 30, 31, 45, 46 and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 M1.
The Welsh Ministers have consulted such persons as they think appropriate, as required by sections 27(4)(a) and 28(4) of that Act and published a statement about the consultation as required by section 27(4)(b) of that Act. The Welsh Ministers have laid the statement before the National Assembly for Wales as required by section 27(5) of that Act.
A draft of these Regulations was laid before the National Assembly for Wales under section 187(2)(f), (g), (j) and (k) of that Act and has been approved by a resolution of the National Assembly for Wales.
Annotations to the whole text
Marginal citations
- M1
2016 anaw 2.
Contents
- Part 1: General
- 1Title, commencement and interpretation
- Part 2: General requirements on service providers
- 2Requirements in relation to the provision of the service
- 3Requirements in relation to the statement of purpose
- 4Requirements in relation to monitoring and improvement
- 5Requirements in relation to the responsible individual
- 6Requirements in relation to the responsible individual where the service provider is an individual
- 7Requirements in relation to the financial sustainability of the service
- 8Requirements to provide the service in accordance with policies and procedures
- 9Duty of candour
- Part 3: Requirements on service providers as to the steps to be taken before agreeing to provide care and support
- 10Suitability of the service
- Part 4: Requirements on service providers as to the steps to be taken on commencement of the provision of care and support
- 11Carer agreement
- 12Individual placement agreement
- 13Personal plan
- 14Review of personal plan
- 15Records of personal plan
- Part 5: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support
- 16Information about the service
- Part 6: Requirements on service providers as to the standard of care and support to be provided
- 17Standards of care and support - overarching requirements
- 18Information
- 19Language and communication
- 20Respect and sensitivity
- Part 7: Requirements on service providers -safeguarding
- 21Safeguarding – overarching requirement
- 22Safeguarding policies and procedures
- 23Supporting individuals to manage their money
- 24The appropriate use of control and restraint
- 25Deprivation of liberty
- 26Interpretation of Part 7
- Part 8: Requirements on service providers as to staffing
- 27Staffing - overarching requirements
- 28Fitness of staff
- 29Supporting and developing staff
- 30Compliance with employer's code of practice
- 31Information for staff
- 32Disciplinary procedure
- Part 9: Requirements on service providers as to adult placement carers
- 33Recruitment and training of adult placement carers
- 34Effective relationships
- 35Support and information for adult placement carers
- 36Fitness of adult placement carers
- Part 10: Requirements on service providers as to premises, facilities and equipment
- 37Overarching requirement
- 38Adequacy of premises
- 39Premises, facilities and equipment - adult placement carers
- Part 11: Other requirements on service providers
- 40Records
- 41Notifications
- 42Conflicts of interest
- 43Complaints policy and procedures
- 44Whistleblowing
- Part 12: Requirements on responsible individuals for ensuring effective management of the service
- 45Supervision of management of the service
- 46Duty to appoint a manager
- 47Fitness requirements for appointment of manager
- 48Restrictions on appointing manager for more than one service
- 49Duty to report the appointment of manager to the service provider
- 50Duty to report appointment of manager to the workforce and service regulators
- 51Arrangements when manager is absent
- 52Visits
- Part 13: Requirements on responsible individuals for ensuring effective oversight of the service
- 53Oversight of adequacy of resources
- 54Other reports to the service provider
- 55Engagement with individuals and others
- Part 14: Requirements on responsible individuals for ensuring the compliance of the service
- 56Duty to ensure there are systems in place to record incidents and complaints
- 57Duty to ensure there are systems in place for keeping of records
- 58Duty to ensure policies and procedures are up to date
- Part 15: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the regulated service
- 59Quality of care review
- 60Statement of compliance with the requirements as to standards of care and support
- Part 16: Other requirements on responsible individuals
- 61Support for staff raising concerns
- 62Duty of candour
- 63Notifications
- Part 17: Offences
- 64Offences – service providers
- 65Offences – responsible individuals
- Part 18: Service providers who are liquidated etc. or who have died
- 66Appointment of liquidators etc.
- 67Death of the service provider
- Part 19: Regulations under section 21(5) of the Act
- 68Designation of responsible individual by Welsh Ministers
- Signature
- Schedule 1
- Part 1: Information and documentation to be available in respect of adult placement carers and persons working at the service
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 2: Interpretation of Part 1
- 11Paragraph 11
- Schedule 2: Records to be kept in respect of services
- 1Records to be kept
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 3: Notifications by the service provider
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Schedule 4: Notifications by the responsible individual
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Explanatory note