{
  "url": "https://openlegislation.uk/fostering-panels-establishment-and-functions-wales-amendment-and-transitional-provision-regulations-2026/note",
  "json_url": "https://openlegislation.uk/fostering-panels-establishment-and-functions-wales-amendment-and-transitional-provision-regulations-2026/note.json",
  "legislation": "wsi/2026/135",
  "legislation_title": "The Fostering Panels (Establishment and Functions) (Wales) (Amendment and Transitional Provision) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/fostering-panels-establishment-and-functions-wales-amendment-and-transitional-provision-regulations-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 (“the 2018 Regulations”).\nRegulation 2 inserts new regulation 8A into the 2018 Regulations.\nNew regulation 8A is a temporary transitional provision intended to support the transfer of fostering services to not-for-profit providers following the changes made by Chapter 1 of the Health and Social Care (Wales) Act 2025. It provides for a foster parent to be treated as approved by a successor provider in certain circumstances. In broad terms, those circumstances arise where a fostering services provider has ceased to provide the fostering service and a not-for-profit fostering services provider that meets the requirement in section 6A(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”) subsequently commences providing the fostering service. The provision is intended to ensure continuity of fostering services and placements, by avoiding the need for foster parents to undergo a fresh approval process where specified continuity conditions are met.\nRegulation 8A applies either where the Welsh Ministers have exercised the power in regulation 3B(3) of the Regulated Services (Registration) (Wales) Regulations 2017 in relation to the registration of the successor provider, or where the Welsh Ministers determine under paragraph (3) that there is substantial continuity between the former provider and the successor provider. In making such a determination, the Welsh Ministers must have regard to all the circumstances, including continuity of foster placements, continuity of the responsible individual, continuity of directors, trustees or equivalent office holders, continuity of operational arrangements and oversight, and continuity of staff. Where the regulation 3B(3) route applies, a foster parent is treated as approved either from the date on which the successor provider's registration takes effect, or the date on which the former provider ceased to provide the fostering service, whichever date is later. Where the substantial continuity route applies, a foster parent is treated as approved from the date on which the Welsh Ministers make their determination.\nWhere regulation 8A of the 2018 Regulations applies, the requirements under the 2018 Regulations relating to consideration of the foster parent's case by a fostering panel and the making of a determination as to the foster parent's approval do not apply. As soon as reasonably practicable after a foster parent is treated as approved under regulation 8A, the successor provider must take all reasonable steps to satisfy itself that information relevant to the foster parent's suitability remains current and valid. The successor provider must also ensure that a review of the foster parent's approval is carried out within 12 months of the date on which the foster parent is treated as approved.\nRegulation 3 revokes regulation 8A of the 2018 Regulations on 1 April 2030. Regulation 3 also provides that the revocation does not affect the approval of a foster parent treated as approved under regulation 8A before 1 April 2030.\nThe Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/135/note",
    "retrieved_at": "2026-11-12T03:41:43.117179+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}