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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

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2023.

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

  1. Part 1: General
  2. 1Title, commencement and interpretation
  3. Part 2: General requirements on service providers
  4. 2Requirements in relation to the provision of the service
  5. 3Requirements in relation to the statement of purpose
  6. 4Requirements in relation to monitoring and improvement
  7. 5Requirements in relation to the responsible individual
  8. 6Requirements in relation to the responsible individual where the service provider is an individual
  9. 7Requirements in relation to the financial sustainability of the service
  10. 8Requirements to provide the service in accordance with policies and procedures
  11. 9Duty of candour
  12. Part 3: Requirements on service providers as to the steps to be taken before agreeing to provide care and support
  13. 10Suitability of the service
  14. Part 4: Requirements on service providers as to the steps to be taken on commencement of the provision of care and support
  15. 11Carer agreement
  16. 12Individual placement agreement
  17. 13Personal plan
  18. 14Review of personal plan
  19. 15Records of personal plan
  20. Part 5: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support
  21. 16Information about the service
  22. Part 6: Requirements on service providers as to the standard of care and support to be provided
  23. 17Standards of care and support - overarching requirements
  24. 18Information
  25. 19Language and communication
  26. 20Respect and sensitivity
  27. Part 7: Requirements on service providers -safeguarding
  28. 21Safeguarding – overarching requirement
  29. 22Safeguarding policies and procedures
  30. 23Supporting individuals to manage their money
  31. 24The appropriate use of control and restraint
  32. 25Deprivation of liberty
  33. 26Interpretation of Part 7
  34. Part 8: Requirements on service providers as to staffing
  35. 27Staffing - overarching requirements
  36. 28Fitness of staff
  37. 29Supporting and developing staff
  38. 30Compliance with employer's code of practice
  39. 31Information for staff
  40. 32Disciplinary procedure
  41. Part 9: Requirements on service providers as to adult placement carers
  42. 33Recruitment and training of adult placement carers
  43. 34Effective relationships
  44. 35Support and information for adult placement carers
  45. 36Fitness of adult placement carers
  46. Part 10: Requirements on service providers as to premises, facilities and equipment
  47. 37Overarching requirement
  48. 38Adequacy of premises
  49. 39Premises, facilities and equipment - adult placement carers
  50. Part 11: Other requirements on service providers
  51. 40Records
  52. 41Notifications
  53. 42Conflicts of interest
  54. 43Complaints policy and procedures
  55. 44Whistleblowing
  56. Part 12: Requirements on responsible individuals for ensuring effective management of the service
  57. 45Supervision of management of the service
  58. 46Duty to appoint a manager
  59. 47Fitness requirements for appointment of manager
  60. 48Restrictions on appointing manager for more than one service
  61. 49Duty to report the appointment of manager to the service provider
  62. 50Duty to report appointment of manager to the workforce and service regulators
  63. 51Arrangements when manager is absent
  64. 52Visits
  65. Part 13: Requirements on responsible individuals for ensuring effective oversight of the service
  66. 53Oversight of adequacy of resources
  67. 54Other reports to the service provider
  68. 55Engagement with individuals and others
  69. Part 14: Requirements on responsible individuals for ensuring the compliance of the service
  70. 56Duty to ensure there are systems in place to record incidents and complaints
  71. 57Duty to ensure there are systems in place for keeping of records
  72. 58Duty to ensure policies and procedures are up to date
  73. Part 15: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the regulated service
  74. 59Quality of care review
  75. 60Statement of compliance with the requirements as to standards of care and support
  76. Part 16: Other requirements on responsible individuals
  77. 61Support for staff raising concerns
  78. 62Duty of candour
  79. 63Notifications
  80. Part 17: Offences
  81. 64Offences – service providers
  82. 65Offences – responsible individuals
  83. Part 18: Service providers who are liquidated etc. or who have died
  84. 66Appointment of liquidators etc.
  85. 67Death of the service provider
  86. Part 19: Regulations under section 21(5) of the Act
  87. 68Designation of responsible individual by Welsh Ministers
  88. Signature
  89. Schedule 1
  90. Part 1: Information and documentation to be available in respect of adult placement carers and persons working at the service
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. 10Paragraph 10
  101. Part 2: Interpretation of Part 1
  102. 11Paragraph 11
  103. Schedule 2: Records to be kept in respect of services
  104. 1Records to be kept
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Paragraph 9
  113. Schedule 3: Notifications by the service provider
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 3AParagraph 3A
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11
  126. 12Paragraph 12
  127. 13Paragraph 13
  128. 14Paragraph 14
  129. 15Paragraph 15
  130. 16Paragraph 16
  131. 17Paragraph 17
  132. 18Paragraph 18
  133. 19Paragraph 19
  134. 20Paragraph 20
  135. 21Paragraph 21
  136. 22Paragraph 22
  137. Schedule 4: Notifications by the responsible individual
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. 8Paragraph 8
  146. 9Paragraph 9
  147. Explanatory note