Regulation 1 Title, commencement, application and interpretation

The title of these Regulations is the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.

These Regulations come into force on 2 April 2018 and apply in relation to Wales.

In these Regulations—

• “the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016;

• “the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014 M1;

• “care and support plan” (“cynllun gofal a chymorth”) means a plan under section 54 or section 83 of the 2014 Act;

• F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “child” (“plentyn”) means a person who is aged under 18;

• “child who is looked after by a local authority” (“plentyn sy'n derbyn gofal gan awdurdod lleol”) has the same meaning as in section 74 of the 2014 Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner M2 who—

  1. (a)

     provides primary medical services under Part 4 of the National Health Service (Wales) Act 2006 M3, or

  2. (b)

     provides services which correspond to services provided under Part 4 of the National Health Service (Wales) Act 2006, otherwise than in pursuance of that Act;

• “health care professional” (“proffesiynolyn gofal iechyd”) means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999 M4 applies;

• F2“nurse” (“nyrs”) means a qualified nurse or qualified midwife registered with the Nursing and Midwifery Council in accordance with article 5 of the Nursing and Midwifery Order 2001;

• “personal outcomes” (“canlyniadau personol”)—

  1. (a)

     in relation to an adult, means the outcomes that the adult wishes to achieve in day to day life;

  2. (b)

     in relation to a child, means—

     1. (i)

        the outcomes that the child wishes to achieve, or

     2. (ii)

        the outcomes that any persons with parental responsibility wish to achieve in relation to the child;

• “personal plan” (“cynllun personol”) means the plan required to be prepared in accordance with regulation 15(1);

• “placing authority” (“awdurdod lleoli”) in relation to a child provided with accommodation as part of a care home service or a secure accommodation service, means—

  1. (a)

     in the case of a child who is looked after by a local authority or local authority in England, that local authority;

  2. (b)

     in the case of a child who is not looked after by a local authority or local authority in England—

     1. (i)

        if the child is being provided with accommodation by a voluntary organisation, that voluntary organisation;

     2. (ii)

        if the child is accommodated in a qualifying school under arrangements made by a local authority (whether in the exercise of education functions within the meaning of section 579(1) of the Education Act 1996 M5 or otherwise), that local authority;

     3. (iii)

        in any other case, the child's parent;

  and for the purposes of this definition “qualifying school” (“ysgol gymhwysol”) means a school which is a care home service by virtue of the application of paragraph 1(3) of Schedule 1 to the Act;

• “provider assessment” (“asesiad darparwr”) means the assessment which is required to be carried out by the service provider under regulation 18;

• “reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 2010 M6;

• “registered dental practitioner” (“ymarferydd deintyddol cofrestredig”) means a person registered in the dentists register kept under the Dentists Act 1984 M7 who—

  1. (a)

     provides primary dental services under Part 5 of the National Health Service (Wales) Act 2006, or

  2. (b)

     provides services which correspond to services provided under Part 5 of the National Health Service (Wales) Act 2006, otherwise than in pursuance of that Act;

• “registered professional” (“proffesiynolyn cofrestredig”) has the meaning given in paragraph 1 of Schedule 3 to the Health Professions Order 2001;

• F3“regulated services” (“gwasanaethau rheoleiddiedig”) means care home services, domiciliary support services, secure accommodation services or residential family centre services;

• “representative” (“cynrychiolydd”) means any person having legal authority, or the consent of the individual to act on the individual's behalf;

• “service commissioner” (“comisiynydd y gwasanaeth”) means the local authority or NHS body which is responsible for making arrangements with the provider for care and support to be provided to an individual;

• “service provider” (“darparwr gwasanaeth”) has the same meaning as in section 3(1)(c) of the Act;

• “staff” (“staff”) includes—

  1. (a)

     persons employed by the service provider to work at the service as an employee or a worker, and

  2. (b)

     persons engaged by the service provider under a contract for services,

  but does not include persons who are allowed to work as volunteers.

• For the purpose of this definition, “employee” (“cyflogai”) and “worker” (“gweithiwr”) have the same meanings as in section 230 of the Employment Rights Act 1996 M8;

• “the individual” (“yr unigolyn”) means, unless the context indicates otherwise, the child or adult who is receiving care and support;

• “the responsible individual” (“yr unigolyn cyfrifol”) has the same meaning as in section 21(1) of the Act;

• “the service” (“y gwasanaeth”) means—

  1. (a)

     in relation to a care home service, a secure accommodation service or a residential family centre service, the service which is provided at a specified location;

  2. (b)

     in relation to a domiciliary support service, the service which is provided in relation to a specified area.

• For the purpose of this definition—

  1. (i)

     “specified location” (“lleoliad penodedig”) means a location specified in a condition to the service provider's registration as a place at which the service is to be provided M9;

  2. (ii)

     “specified area” (“ardal benodedig”) means an area specified in a condition to the service provider's registration as a place in relation to which the service is to be provided.

• But this definition does not apply to references to “the service” (“y gwasanaeth”) in Part 22;

• “the service regulator” (“y rheoleiddiwr gwasanaethau”) means the Welsh Ministers in the exercise of their regulatory functions M10;

• “the statement of purpose” (“y datganiad o ddiben”) means the statement of purpose for the place at, from or in relation to which the service is provided M11;

• “the workforce regulator” (“rheoleiddiwr y gweithlu”) means Social Care Wales.