The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019
W.S.I. 2019/165 · Made 31 January 2019 · Extends to England and Wales
Social Care, Wales
Made 31 January 2019
Coming into force 29 April 2019
In exercise of the powers conferred by sections 2(3), 21(5), 27, 28, 30, 31, 45, 46, 186(1) and 187(1) of, and paragraph 7(1) of Schedule 1 to, the Regulation and Inspection of Social Care (Wales) Act 2016 M1 the Welsh Ministers make the following Regulations.
The Welsh Ministers, as required by sections 27(4)(a) and 28(4) of that Act, have consulted such persons as they think appropriate 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. The Welsh Ministers have also carried out a consultation in accordance with the requirement in paragraph 7(5) of Schedule 1 to that Act.
A draft of these Regulations was laid before the National Assembly for Wales under section 187(2)(b), (f), (g), (j), (k) and (w) 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; see the definition of “prescribed” in section 189 of the Act.
Contents
- Part 1: General
- 1Title, commencement and interpretation
- 2Definition and exceptions
- Part 2: General requirements on service providers
- 3Requirements in relation to the provision of the service
- 4Requirements in relation to the statement of purpose
- 5Requirements in relation to monitoring and improvement
- 6Requirements in relation to the responsible individual
- 7Requirements in relation to the responsible individual where the service provider is an individual
- 8Requirements in relation to the financial sustainability of the service
- 9Requirements to provide the service in accordance with policies and procedures
- 10Duty of candour
- Part 3: Requirements on service providers as to the steps to be taken before agreeing to provide advocacy
- 11Suitability of the service
- Part 4: Requirements on service providers as to the steps to be taken on commencement of provision of advocacy
- 12Advocacy plan
- 13Review of advocacy plan
- 14Records of advocacy plans
- Part 5: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of advocacy
- 15Information about the service
- Part 6: Requirements on service providers as to the standard of advocacy to be provided
- 16Service standards
- 17Language and communication
- 18Respect and sensitivity
- 19Confidentiality
- Part 7: Requirements on service providers –safeguarding
- 20Safeguarding - overarching requirement
- 21Safeguarding policies and procedures
- 22Interpretation of Part 7
- Part 8: Requirements on service providers as to staffing Staffing - overarching requirements
- 23Regulation 23
- 24Fitness of staff
- 25Supporting and developing staff
- 26Compliance with employer's code of practice
- 27Information for staff
- 28Disciplinary procedures
- Part 9: Requirements on service providers as to premises
- 29Overarching requirement
- 30Premises
- Part 10: Other requirements on service providers
- 31Records
- 32Notifications
- 33Conflicts of interest
- 34Complaints policy and procedure
- 35Whistleblowing
- Part 11: Requirements on responsible individuals for ensuring effective management of the service
- 36Supervision of management of the service
- 37Duty to appoint a manager
- 38Fitness requirements for appointment of manager
- 39Restrictions on appointing manager for more than one service
- 40Duty to report the appointment of manager to service provider
- 41Duty to report appointment of manager to the workforce and service regulators
- 42Arrangements when manager is absent
- 43Visits
- Part 12: Requirements on responsible individuals for ensuring effective oversight of the service
- 44Oversight of adequacy of resources
- 45Other reports to the service provider
- 46Engagement with individuals and others
- Part 13: Requirements on responsible individuals for ensuring the compliance of the service
- 47Duty to ensure there are systems in place to record incidents and complaints
- 48Duty to ensure there are systems in place for keeping of records
- 49Duty 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
- 50Quality of service review
- 51Statement of compliance with the requirements as to standards of advocacy
- Part 15: Other requirements on responsible individuals
- 52Support for staff raising concerns
- 53Duty of candour
- 54Notifications
- Part 16: Offences
- 55Offences – service providers
- 56Offences – responsible individuals
- Part 17: Service providers who are liquidated etc. or who have died
- 57Appointment of liquidators etc.
- 58Death of service provider
- Part 18: Regulations under section 21(5) of the Act
- 59Designation of responsible individual by Welsh Ministers
- Signature
- Schedule 1
- Part 1: Information and documents 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
- 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
- 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