Explanatory note

These Regulations amend the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 (“the 2017 Regulations”). The 2017 Regulations set out the regulatory requirements which apply to providers of certain services regulated under the Regulation and Inspection of Social Care (Wales) Act 2016. These are care home services, secure accommodation services, residential family centre services and domiciliary support services.

Regulation 3 amends regulation 35 of the 2017 Regulations.

Paragraph (a) substitutes paragraph (2)(f) of regulation 35 which provides that where a service provider employs a person, other than as a manager to provide care and support in connection with a care home service, a domiciliary support service or a residential family centre service, the person must be registered as a social care worker with Social Care Wales within 6 months of commencing their employment.

Paragraph (b) substitutes paragraph (2)(g) of regulation 35 which provides that where a person is engaged under a contract for services (which includes agency workers), other than as a manager to provide care and support to any person in connection with a care home service, a secure accommodation service, a domiciliary support service or a residential family centre service, that person must be registered with Social Care Wales within 6 months of the date the person is first engaged under a contract for services to provide such care and support.

The effect of these substitutions is to extend the requirement for service providers to employ and contract workers, other than managers, to provide care and support, who are registered within 6 months of commencing their employment or being engaged under a contract, so that it applies to adult care home services and residential family centre services.

Paragraph (c) amends paragraph (8A) of regulation 35 to ensure the definition of “the relevant date” applies to workers contracted to provide care and support services in adult care homes and residential family centre services.

The 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 Social Services and Integration, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.