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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

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

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

  1. Part 1: General
  2. 1Title and commencement
  3. 2Interpretation
  4. Part 2: Exceptions
  5. 3Exceptions
  6. Part 3: General requirements on service providers
  7. 4Requirements in relation to the provision of the service
  8. 5Requirements in relation to the statement of purpose
  9. 6Requirements in relation to monitoring and improvement
  10. 7Requirements in relation to the responsible individual
  11. 8Requirements in relation to the responsible individual where the service provider is an individual
  12. 9Requirements in relation to the financial sustainability of the service
  13. 10Requirements to provide the service in accordance with policies and procedures
  14. 11Duty of candour
  15. Part 4: Requirements on service providers as to the steps to be taken before agreeing to provide support
  16. 12Suitability of the service
  17. Part 5: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of support
  18. 13Information about the service
  19. 14Service agreement
  20. Part 6: Requirements on service providers as to the standards of support to be provided
  21. 15Standards of support – overarching requirements
  22. 16Information
  23. 17Language and communication
  24. 18Respect and sensitivity
  25. Part 7: Requirements on service providers –safeguarding
  26. 19Safeguarding - overarching requirement
  27. 20Safeguarding policies and procedures
  28. 21Interpretation of Part 7
  29. Part 8: Requirements on service providers as to staffing
  30. 22Staffing - overarching requirements
  31. 23Fitness of staff
  32. 24Supporting and developing staff
  33. 25Compliance with code of practice
  34. 26Information for staff
  35. 27Disciplinary procedures
  36. Part 9: Requirements on service providers as to premises
  37. 28Overarching requirement
  38. 29Adequacy of premises
  39. Part 10: Other requirements on service providers
  40. 30Records
  41. 31Notifications
  42. 32Conflicts of interest
  43. 33Complaints policy and procedure
  44. 34Whistleblowing
  45. Part 11: Requirements on responsible individuals for ensuring effective management of the service
  46. 35Supervision of the management of the service
  47. 36Duty to appoint a manager
  48. 37Fitness requirements for appointment of manager
  49. 38Restrictions on appointing a manager for more than one service
  50. 39Duty to report the appointment of manager to service provider
  51. 40Duty to report the appointment of manager to SCW and the service regulator
  52. 41Arrangements when manager is absent
  53. 42Visits
  54. Part 12: Requirements on responsible individuals for ensuring effective oversight of the service
  55. 43Oversight of adequate resources
  56. 44Other reports to the service provider
  57. 45Engagement with individuals and others
  58. Part 13: Requirements on responsible individuals for ensuring compliance of the service
  59. 46Duty to ensure there are systems in place to record incidents and complaints
  60. 47Duty to ensure there are systems in place for keeping of records
  61. 48Duty to ensure policies and procedures are up to date
  62. Part 14: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the service
  63. 49Quality of service review
  64. 50Statement of compliance with the requirements as to standards of support
  65. Part 15: Other requirements on responsible individuals
  66. 51Support for staff raising concerns
  67. 52Duty of candour
  68. 53Notifications
  69. Part 16: Offences
  70. 54Offences – service providers
  71. 55Offences – responsible individuals
  72. Part 17: Service providers who are liquidated etc. or who have died
  73. 56Appointment of liquidators etc.
  74. 57Death of service provider
  75. Part 18: Regulations under section 21(5) of the Act
  76. 58Designation of responsible individual by Welsh Ministers
  77. Signature
  78. Schedule 1
  79. Part 1: Information and documentation to be available in respect of persons working in regulated services
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. 10Paragraph 10
  90. Part 2: Interpretation of Part 1
  91. 11Paragraph 11
  92. Schedule 2: Records to be kept
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. Schedule 3: Notifications by the service provider
  98. Part 1: Notifications to the service regulator
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 3AParagraph 3A
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. 10Paragraph 10
  110. 11Paragraph 11
  111. 12Paragraph 12
  112. 13Paragraph 13
  113. 14Paragraph 14
  114. 15Paragraph 15
  115. 16Paragraph 16
  116. 17Paragraph 17
  117. 18Paragraph 18
  118. 18AParagraph 18A
  119. 19Paragraph 19
  120. 20Paragraph 20
  121. 21Paragraph 21
  122. 22Paragraph 22
  123. 23Paragraph 23
  124. Part 2: Notification to the Local Health Board/ integrated care board and NHS England by the provider of an adoption society
  125. 24Paragraph 24
  126. 25Paragraph 25
  127. 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
  128. 26Paragraph 26
  129. Part 4: Notification to the placing agency
  130. 27Paragraph 27
  131. Part 5: Notifications to the area authority
  132. 28Paragraph 28
  133. 29Paragraph 29
  134. 30Paragraph 30
  135. 31Paragraph 31
  136. 32Paragraph 32
  137. Part 6: Notifications to the placing authority by the provider of an adoption society
  138. 33Paragraph 33
  139. 34Paragraph 34
  140. 35Paragraph 35
  141. 36Paragraph 36
  142. Part 7: Notifications to the placing authority by the provider of an adoption support agency or adoption society which provides adoption support services
  143. 37Paragraph 37
  144. 38Paragraph 38
  145. 39Paragraph 39
  146. Part 8: Notification to the relevant authority
  147. 40Paragraph 40
  148. Part 9: Notification to the police
  149. 41Paragraph 41
  150. Schedule 4: Notifications by the responsible individual
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. 3Paragraph 3
  154. 4Paragraph 4
  155. 5Paragraph 5
  156. 6Paragraph 6
  157. 7Paragraph 7
  158. 8Paragraph 8
  159. Explanatory note