The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019
W.S.I. 2019/762 · Made 29 March 2019 · Extends to England and Wales
Social Care, Wales
Made 29 March 2019
Coming into force 29 April 2019
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 2(3), 21(5), 27, 28, 30, 31, 45, 46 and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 M1 (“the Act”).
The Welsh Ministers have consulted such persons as they think appropriate, as required by sections 27(4)(a) and 28(4) of the 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)(b), (f), (g), (j) and (k) of the 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; see section 189 for the definition of “prescribed”.
Contents
- Part 1: General
- 1Title and commencement
- 2Interpretation
- Part 2: Exceptions
- 3Exceptions
- Part 3: General requirements on service providers
- 4Requirements in relation to the provision of the service
- 5Requirements in relation to the statement of purpose
- 6Requirements in relation to monitoring and improvement
- 7Requirements in relation to the responsible individual
- 8Requirements in relation to the responsible individual where the service provider is an individual
- 9Requirements in relation to the financial sustainability of the service
- 10Requirements to provide the service in accordance with policies and procedures
- 11Duty of candour
- Part 4: Requirements on service providers as to the steps to be taken before agreeing to provide support
- 12Suitability of the service
- Part 5: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of support
- 13Information about the service
- 14Service agreement
- Part 6: Requirements on service providers as to the standards of support to be provided
- 15Standards of support – overarching requirements
- 16Information
- 17Language and communication
- 18Respect and sensitivity
- Part 7: Requirements on service providers –safeguarding
- 19Safeguarding - overarching requirement
- 20Safeguarding policies and procedures
- 21Interpretation of Part 7
- Part 8: Requirements on service providers as to staffing
- 22Staffing - overarching requirements
- 23Fitness of staff
- 24Supporting and developing staff
- 25Compliance with code of practice
- 26Information for staff
- 27Disciplinary procedures
- Part 9: Requirements on service providers as to premises
- 28Overarching requirement
- 29Adequacy of premises
- Part 10: Other requirements on service providers
- 30Records
- 31Notifications
- 32Conflicts of interest
- 33Complaints policy and procedure
- 34Whistleblowing
- Part 11: Requirements on responsible individuals for ensuring effective management of the service
- 35Supervision of the management of the service
- 36Duty to appoint a manager
- 37Fitness requirements for appointment of manager
- 38Restrictions on appointing a manager for more than one service
- 39Duty to report the appointment of manager to service provider
- 40Duty to report the appointment of manager to SCW and the service regulator
- 41Arrangements when manager is absent
- 42Visits
- Part 12: Requirements on responsible individuals for ensuring effective oversight of the service
- 43Oversight of adequate resources
- 44Other reports to the service provider
- 45Engagement with individuals and others
- Part 13: Requirements on responsible individuals for ensuring compliance of the service
- 46Duty to ensure there are systems in place to record incidents and complaints
- 47Duty to ensure there are systems in place for keeping of records
- 48Duty to ensure policies and procedures are up to date
- Part 14: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the service
- 49Quality of service review
- 50Statement of compliance with the requirements as to standards of support
- Part 15: Other requirements on responsible individuals
- 51Support for staff raising concerns
- 52Duty of candour
- 53Notifications
- Part 16: Offences
- 54Offences – service providers
- 55Offences – responsible individuals
- Part 17: Service providers who are liquidated etc. or who have died
- 56Appointment of liquidators etc.
- 57Death of service provider
- Part 18: Regulations under section 21(5) of the Act
- 58Designation of responsible individual by Welsh Ministers
- Signature
- Schedule 1
- Part 1: Information and documentation to be available in respect of persons working in regulated services
- 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
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: Notifications by the service provider
- Part 1: Notifications to the service regulator
- 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
- 18AParagraph 18A
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part 2: Notification to the Local Health Board/ integrated care board and NHS England by the provider of an adoption society
- 24Paragraph 24
- 25Paragraph 25
- Part 3: Notification to the Local Health Board/ integrated care board and NHS England by the provider of an adoption support agency or of an adoption society which provides adoption support services
- 26Paragraph 26
- Part 4: Notification to the placing agency
- 27Paragraph 27
- Part 5: Notifications to the area authority
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Part 6: Notifications to the placing authority by the provider of an adoption society
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Part 7: Notifications to the placing authority by the provider of an adoption support agency or adoption society which provides adoption support services
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Part 8: Notification to the relevant authority
- 40Paragraph 40
- Part 9: Notification to the police
- 41Paragraph 41
- Schedule 4: Notifications by the responsible individual
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Explanatory note