The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017
W.S.I. 2017/1264 · Made 12 December 2017 · Extends to England and Wales
Social Care, Wales
Made 12 December 2017
Coming into force 2 April 2018
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, 186(1) and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 M1 and having consulted such persons as they think appropriate, as required by sections 27(4)(a) and 28(4) 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 that Act and has been approved by a resolution of the National Assembly for Wales.
Annotations to the whole text
Marginal citations
- M1
Contents
- Part 1: General
- 1Title, commencement, application and interpretation
- Part 2: Exceptions
- 2Care home services
- 3Domiciliary support services
- 4Residential family centre services
- 5Meaning of family or personal relationship
- Part 3: General requirements on service providers
- 6Requirements in relation to the provision of the service
- 7Requirements in relation to the statement of purpose
- 8Requirements in relation to monitoring and improvement
- 9Requirements in relation to the responsible individual
- 10Requirements in relation to the responsible individual where the service provider is an individual
- 11Requirements in relation to the financial sustainability of the service
- 12Requirements to provide the service in accordance with policies and procedures
- 13Duty of candour
- Part 4: Requirements on service providers as to the steps to be taken before agreeing to provide care and support
- 14Suitability of the service
- Part 5: Requirements on service providers as to the steps to be taken on commencement of the provision of care and support
- 15Personal plan
- 16Review of personal plan
- 17Records of personal plans
- 18Provider assessment
- Part 6: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support
- 19Information about the service
- 20Service agreement
- Part 7: Requirements on service providers as to the standard of care and support to be provided
- 21Standards of care and support - overarching requirements
- 22Continuity of care
- 23Information
- 24Language and communication
- 25Respect and sensitivity
- Part 8: Requirements on service providers -safeguarding
- 26Safeguarding - overarching requirement
- 27Safeguarding policies and procedures
- 28Supporting individuals to manage their money
- 29The appropriate use of control and restraint
- 30Prohibition on the use of corporal punishment
- 31Deprivation of liberty
- 32Interpretation of Part 8
- Part 9: Requirements on service providers which only apply where accommodation is provided
- 33Access to health and other services
- Part 10: Requirements on service providers as to staffing
- 34Staffing - overarching requirements
- 35Fitness of staff
- 36Supporting and developing staff
- 37Compliance with employer's code of practice
- 38Information for staff
- 39Disciplinary procedures
- Part 11: Requirements on service providers in respect of domiciliary support services
- 40Application of regulations in this Part
- 41Delineation of travel time and care time
- 42Offering domiciliary care workers on non-guaranteed hours contracts the choice of alternative contractual arrangements
- Part 12: Requirements on service providers as to premises, facilities and equipment
- 43Overarching requirement
- 44Premises – accommodation-based services only
- 45Single occupancy and shared rooms - adults
- 46Single occupancy and shared rooms – children
- 47Premises – all services
- 48Facilities and equipment
- Part 13: Additional requirements on service providers in respect of premises – new accommodation
- 49Application of Part 13
- 49AReconfiguration of premises
- 49BReconfiguration of premises
- 50Additional requirements – en-suite bathrooms
- 51Additional requirements – room sizes
- 52Additional requirements – communal space
- 53Additional requirements – outdoor space
- 54Additional requirements – passenger lift
- Part 14: Requirements on service providers as to supplies, hygiene, health and safety and medicines
- 55Supplies
- 56Hygiene and infection control
- 57Health and safety
- 58Medicines
- Part 15: Other requirements on service providers
- 59Records
- 60Notifications
- 61Notification with respect to children admitted into, or discharged from, a place at which accommodation is provided to children
- 62Notification with respect to the death of a child accommodated in a secure children's home
- 63Conflicts of interest (including prohibitions)
- 64Complaints policy and procedure
- 65Whistleblowing
- Part 16: Requirements on responsible individuals for ensuring effective management of the service
- 66Supervision of management of the service
- 67Duty to appoint a manager
- 68Fitness requirements for appointment of manager
- 69Restrictions on appointing manager for more than one service
- 70Duty to report the appointment of manager to service provider
- 71Duty to report appointment of manager to the workforce and service regulators
- 72Arrangements when manager is absent
- 73Visits
- Part 17: Requirements on responsible individuals for ensuring effective oversight of the service
- 74Oversight of adequacy of resources
- 75Other reports to the service provider
- 76Engagement with individuals and others
- Part 18: Requirements on responsible individuals for ensuring the compliance of the service
- 77Duty to ensure there are systems in place to record incidents and complaints
- 78Duty to ensure there are systems in place for keeping of records
- 79Duty to ensure policies and procedures are up to date
- Part 19: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the regulated service
- 80Quality of care review
- 81Statement of compliance with the requirements as to standards of care and support
- Part 20: Other requirements on responsible individuals
- 82Support for staff raising concerns
- 83Duty of candour
- 84Notifications
- Part 21: Offences
- 85Offences – service providers
- 86Offences – responsible individuals
- Part 22: Service providers who are liquidated etc. or who have died
- 87Appointment of liquidators etc.
- 88Death of service provider
- Part 23: Regulations under section 21(5) of the Act
- 89Designation 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 in respect of regulated services
- Part 1: Records to be kept in respect of all regulated services
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Additional records to be kept in respect of care home services, secure accommodation services and residential family centre services
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 3: Notifications by the service provider
- Part 1: Notifications to the service regulator in respect of all services
- 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
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 25AParagraph 25A
- Part 2: Additional notifications to the service regulator where care and support is provided to children
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Part 3: Notifications to the placing authority where a care home service is provided to children
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- Part 4: Notifications to the local authority in whose area the home is situated where a care home service is provided to children
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- Part 5: Notifications to the appropriate police officer where a care home service is provided to children
- 46Paragraph 46
- Part 6: Notifications to the health board in whose area the home is situated where a care home service is provided to children
- 47Paragraph 47
- 48Paragraph 48
- 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