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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

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

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

  1. Part 1: General
  2. 1Title, commencement and interpretation
  3. 2Definition and exceptions
  4. Part 2: General requirements on service providers
  5. 3Requirements in relation to the provision of the service
  6. 4Requirements in relation to the statement of purpose
  7. 5Requirements in relation to monitoring and improvement
  8. 6Requirements in relation to the responsible individual
  9. 7Requirements in relation to the responsible individual where the service provider is an individual
  10. 8Requirements in relation to the financial sustainability of the service
  11. 9Requirements to provide the service in accordance with policies and procedures
  12. 10Duty of candour
  13. Part 3: Requirements on service providers as to the steps to be taken before agreeing to provide advocacy
  14. 11Suitability of the service
  15. Part 4: Requirements on service providers as to the steps to be taken on commencement of provision of advocacy
  16. 12Advocacy plan
  17. 13Review of advocacy plan
  18. 14Records of advocacy plans
  19. Part 5: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of advocacy
  20. 15Information about the service
  21. Part 6: Requirements on service providers as to the standard of advocacy to be provided
  22. 16Service standards
  23. 17Language and communication
  24. 18Respect and sensitivity
  25. 19Confidentiality
  26. Part 7: Requirements on service providers –safeguarding
  27. 20Safeguarding - overarching requirement
  28. 21Safeguarding policies and procedures
  29. 22Interpretation of Part 7
  30. Part 8: Requirements on service providers as to staffing Staffing - overarching requirements
  31. 23Regulation 23
  32. 24Fitness of staff
  33. 25Supporting and developing staff
  34. 26Compliance with employer's code of practice
  35. 27Information for staff
  36. 28Disciplinary procedures
  37. Part 9: Requirements on service providers as to premises
  38. 29Overarching requirement
  39. 30Premises
  40. Part 10: Other requirements on service providers
  41. 31Records
  42. 32Notifications
  43. 33Conflicts of interest
  44. 34Complaints policy and procedure
  45. 35Whistleblowing
  46. Part 11: Requirements on responsible individuals for ensuring effective management of the service
  47. 36Supervision of management of the service
  48. 37Duty to appoint a manager
  49. 38Fitness requirements for appointment of manager
  50. 39Restrictions on appointing manager for more than one service
  51. 40Duty to report the appointment of manager to service provider
  52. 41Duty to report appointment of manager to the workforce and service regulators
  53. 42Arrangements when manager is absent
  54. 43Visits
  55. Part 12: Requirements on responsible individuals for ensuring effective oversight of the service
  56. 44Oversight of adequacy of resources
  57. 45Other reports to the service provider
  58. 46Engagement with individuals and others
  59. Part 13: Requirements on responsible individuals for ensuring the compliance of the service
  60. 47Duty to ensure there are systems in place to record incidents and complaints
  61. 48Duty to ensure there are systems in place for keeping of records
  62. 49Duty to ensure policies and procedures are up to date
  63. Part 14: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the service
  64. 50Quality of service review
  65. 51Statement of compliance with the requirements as to standards of advocacy
  66. Part 15: Other requirements on responsible individuals
  67. 52Support for staff raising concerns
  68. 53Duty of candour
  69. 54Notifications
  70. Part 16: Offences
  71. 55Offences – service providers
  72. 56Offences – responsible individuals
  73. Part 17: Service providers who are liquidated etc. or who have died
  74. 57Appointment of liquidators etc.
  75. 58Death of service provider
  76. Part 18: Regulations under section 21(5) of the Act
  77. 59Designation of responsible individual by Welsh Ministers
  78. Signature
  79. Schedule 1
  80. Part 1: Information and documents to be available in respect of persons working in regulated services
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. 10Paragraph 10
  91. Part 2: Interpretation of Part 1
  92. 11Paragraph 11
  93. Schedule 2: Records to be kept
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. Schedule 3: Notifications by the service provider
  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. Schedule 4: Notifications by the responsible individual
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. 5Paragraph 5
  128. 6Paragraph 6
  129. 7Paragraph 7
  130. 8Paragraph 8
  131. Explanatory note