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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

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2024.

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

2016 anaw 2

Contents

  1. Part 1: General
  2. 1Title, commencement, application and interpretation
  3. Part 2: Exceptions
  4. 2Care home services
  5. 3Domiciliary support services
  6. 4Residential family centre services
  7. 5Meaning of family or personal relationship
  8. Part 3: General requirements on service providers
  9. 6Requirements in relation to the provision of the service
  10. 7Requirements in relation to the statement of purpose
  11. 8Requirements in relation to monitoring and improvement
  12. 9Requirements in relation to the responsible individual
  13. 10Requirements in relation to the responsible individual where the service provider is an individual
  14. 11Requirements in relation to the financial sustainability of the service
  15. 12Requirements to provide the service in accordance with policies and procedures
  16. 13Duty of candour
  17. Part 4: Requirements on service providers as to the steps to be taken before agreeing to provide care and support
  18. 14Suitability of the service
  19. Part 5: Requirements on service providers as to the steps to be taken on commencement of the provision of care and support
  20. 15Personal plan
  21. 16Review of personal plan
  22. 17Records of personal plans
  23. 18Provider assessment
  24. Part 6: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support
  25. 19Information about the service
  26. 20Service agreement
  27. Part 7: Requirements on service providers as to the standard of care and support to be provided
  28. 21Standards of care and support - overarching requirements
  29. 22Continuity of care
  30. 23Information
  31. 24Language and communication
  32. 25Respect and sensitivity
  33. Part 8: Requirements on service providers -safeguarding
  34. 26Safeguarding - overarching requirement
  35. 27Safeguarding policies and procedures
  36. 28Supporting individuals to manage their money
  37. 29The appropriate use of control and restraint
  38. 30Prohibition on the use of corporal punishment
  39. 31Deprivation of liberty
  40. 32Interpretation of Part 8
  41. Part 9: Requirements on service providers which only apply where accommodation is provided
  42. 33Access to health and other services
  43. Part 10: Requirements on service providers as to staffing
  44. 34Staffing - overarching requirements
  45. 35Fitness of staff
  46. 36Supporting and developing staff
  47. 37Compliance with employer's code of practice
  48. 38Information for staff
  49. 39Disciplinary procedures
  50. Part 11: Requirements on service providers in respect of domiciliary support services
  51. 40Application of regulations in this Part
  52. 41Delineation of travel time and care time
  53. 42Offering domiciliary care workers on non-guaranteed hours contracts the choice of alternative contractual arrangements
  54. Part 12: Requirements on service providers as to premises, facilities and equipment
  55. 43Overarching requirement
  56. 44Premises – accommodation-based services only
  57. 45Single occupancy and shared rooms - adults
  58. 46Single occupancy and shared rooms – children
  59. 47Premises – all services
  60. 48Facilities and equipment
  61. Part 13: Additional requirements on service providers in respect of premises – new accommodation
  62. 49Application of Part 13
  63. 49AReconfiguration of premises
  64. 49BReconfiguration of premises
  65. 50Additional requirements – en-suite bathrooms
  66. 51Additional requirements – room sizes
  67. 52Additional requirements – communal space
  68. 53Additional requirements – outdoor space
  69. 54Additional requirements – passenger lift
  70. Part 14: Requirements on service providers as to supplies, hygiene, health and safety and medicines
  71. 55Supplies
  72. 56Hygiene and infection control
  73. 57Health and safety
  74. 58Medicines
  75. Part 15: Other requirements on service providers
  76. 59Records
  77. 60Notifications
  78. 61Notification with respect to children admitted into, or discharged from, a place at which accommodation is provided to children
  79. 62Notification with respect to the death of a child accommodated in a secure children's home
  80. 63Conflicts of interest (including prohibitions)
  81. 64Complaints policy and procedure
  82. 65Whistleblowing
  83. Part 16: Requirements on responsible individuals for ensuring effective management of the service
  84. 66Supervision of management of the service
  85. 67Duty to appoint a manager
  86. 68Fitness requirements for appointment of manager
  87. 69Restrictions on appointing manager for more than one service
  88. 70Duty to report the appointment of manager to service provider
  89. 71Duty to report appointment of manager to the workforce and service regulators
  90. 72Arrangements when manager is absent
  91. 73Visits
  92. Part 17: Requirements on responsible individuals for ensuring effective oversight of the service
  93. 74Oversight of adequacy of resources
  94. 75Other reports to the service provider
  95. 76Engagement with individuals and others
  96. Part 18: Requirements on responsible individuals for ensuring the compliance of the service
  97. 77Duty to ensure there are systems in place to record incidents and complaints
  98. 78Duty to ensure there are systems in place for keeping of records
  99. 79Duty to ensure policies and procedures are up to date
  100. Part 19: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the regulated service
  101. 80Quality of care review
  102. 81Statement of compliance with the requirements as to standards of care and support
  103. Part 20: Other requirements on responsible individuals
  104. 82Support for staff raising concerns
  105. 83Duty of candour
  106. 84Notifications
  107. Part 21: Offences
  108. 85Offences – service providers
  109. 86Offences – responsible individuals
  110. Part 22: Service providers who are liquidated etc. or who have died
  111. 87Appointment of liquidators etc.
  112. 88Death of service provider
  113. Part 23: Regulations under section 21(5) of the Act
  114. 89Designation of responsible individual by Welsh Ministers
  115. Signature
  116. Schedule 1
  117. Part 1: Information and documents to be available in respect of persons working in regulated services
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. 5Paragraph 5
  123. 6Paragraph 6
  124. 7Paragraph 7
  125. 8Paragraph 8
  126. 9Paragraph 9
  127. 10Paragraph 10
  128. Part 2: Interpretation of Part 1
  129. 11Paragraph 11
  130. Schedule 2: Records to be kept in respect of regulated services
  131. Part 1: Records to be kept in respect of all regulated services
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 8Paragraph 8
  140. 9Paragraph 9
  141. Part 2: Additional records to be kept in respect of care home services, secure accommodation services and residential family centre services
  142. 10Paragraph 10
  143. 11Paragraph 11
  144. 12Paragraph 12
  145. Schedule 3: Notifications by the service provider
  146. Part 1: Notifications to the service regulator in respect of all services
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 3AParagraph 3A
  151. 4Paragraph 4
  152. 5Paragraph 5
  153. 6Paragraph 6
  154. 7Paragraph 7
  155. 8Paragraph 8
  156. 9Paragraph 9
  157. 10Paragraph 10
  158. 11Paragraph 11
  159. 12Paragraph 12
  160. 13Paragraph 13
  161. 14Paragraph 14
  162. 15Paragraph 15
  163. 16Paragraph 16
  164. 17Paragraph 17
  165. 18Paragraph 18
  166. 19Paragraph 19
  167. 20Paragraph 20
  168. 21Paragraph 21
  169. 22Paragraph 22
  170. 23Paragraph 23
  171. 24Paragraph 24
  172. 25Paragraph 25
  173. 25AParagraph 25A
  174. Part 2: Additional notifications to the service regulator where care and support is provided to children
  175. 26Paragraph 26
  176. 27Paragraph 27
  177. 28Paragraph 28
  178. 29Paragraph 29
  179. 30Paragraph 30
  180. 31Paragraph 31
  181. Part 3: Notifications to the placing authority where a care home service is provided to children
  182. 32Paragraph 32
  183. 33Paragraph 33
  184. 34Paragraph 34
  185. 35Paragraph 35
  186. 36Paragraph 36
  187. 37Paragraph 37
  188. 38Paragraph 38
  189. 39Paragraph 39
  190. 40Paragraph 40
  191. 41Paragraph 41
  192. 42Paragraph 42
  193. Part 4: Notifications to the local authority in whose area the home is situated where a care home service is provided to children
  194. 43Paragraph 43
  195. 44Paragraph 44
  196. 45Paragraph 45
  197. Part 5: Notifications to the appropriate police officer where a care home service is provided to children
  198. 46Paragraph 46
  199. Part 6: Notifications to the health board in whose area the home is situated where a care home service is provided to children
  200. 47Paragraph 47
  201. 48Paragraph 48
  202. Schedule 4: Notifications by the responsible individual
  203. 1Paragraph 1
  204. 2Paragraph 2
  205. 3Paragraph 3
  206. 4Paragraph 4
  207. 5Paragraph 5
  208. 6Paragraph 6
  209. 7Paragraph 7
  210. 8Paragraph 8
  211. Explanatory note