The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018

The title of these Regulations is the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018.

These Regulations come into force on 2 April 2018.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 M1 is amended as follows.

In article 2(1)—

In Schedule 1 (excepted professions, offices, employments, work and occupations), in Part 4 (interpretation), in the definition of “care services”, in paragraph (i), for the words in parentheses substitute—

“(where “care home”, in relation to England, has the same meaning as in the Care Standards Act 2000, and in relation to Wales, means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over)”.

In Schedule 3 (excepted proceedings), after paragraph 17A insert—

“17B

Proceedings relating to registration under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.”.

The Children (Secure Accommodation) Regulations 1991 M1 are amended as follows.

In regulation 1A, in paragraph (1)(b)—

The Refuges (Children's Homes and Foster Placements) Regulations 1991 M1 are amended as follows.

In regulation 4(1)(b) (withdrawal of a certificate), for “Parts III to V of the Children's Homes (Wales) Regulations 2002” substitute “ Parts 3 to 15 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 M2 ”.

The Council Tax (Chargeable Dwellings) Order 1992 M1 is amended as follows.

In article 2, for the definition of “care home” substitute—

““care home” means—

(a)

in relation to England, a care home within the meaning of the Care Standards Act 2000, in respect of which a person is registered in accordance with Part 1 of the Health and Social Care Act 2008 M2; and

(b)

in relation to Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;”.

In article 3A, for “Part 2 of the Care Standards Act 2000” substitute “ Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”.

The Council Tax (Liability for Owners) Regulations 1992 M1 are amended as follows.

In regulation 2, under the heading “residential care homes, etc”, in the entry for “Class A”, for paragraph (a) substitute—

“(a)

in relation to England, a care home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered in accordance with Part 1 of the Health and Social Care Act 2008; and

(aa)

in relation to Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over.”.

The Representation of the People (England and Wales) Regulations 2001 M1 are amended as follows.

In regulation 53 (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of severe sight-impairment or any other disability), after paragraph (2)(k), insert—

“(ka)

the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of Part 1 of that Act) which is provided wholly or mainly to persons aged 18 or over;”.

The Police Act 1997 (Criminal Records) Regulations 2002 M1 are amended as follows.

In regulation 5B (work with adults)—

In regulation 5C (work with children), after paragraph (j), insert—

“(ja)

registration under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (regulated services);”.

The Disqualification from Caring for Children (England) Regulations 2002 M1 are amended as follows.

In regulation 2 (grounds for disqualification), after paragraph (7), insert—

“(7A)

In relation to the registration of a care home (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) which is provided wholly or mainly to children—

(a)

the person's application for registration has been refused under section 7 of the 2016 Act;

(b)

the person's application to vary their registration (in accordance with section 11(1)(a)(i) or (ii) of the 2016 Act) has been refused under section 12 of the 2016 Act;

(c)

the person's registration has been cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d)

the person has been concerned in the management of, or had a financial interest in, a care home service provided wholly or mainly to children in respect of which the registration of any person has been cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act; or

(e)

the person's registration has been varied under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act.”.

In the Schedule (specified offences), in paragraph 1 (offences in England and Wales), after sub-paragraph (2), insert—

“(3)

An offence in relation to a care home service provided wholly or mainly to children under or by virtue of any of the following provisions of the Regulation and Inspection of Social Care (Wales) Act 2016—

(a)

section 5 (requirement to register);

(b)

section 43 (failure to comply with a condition);

(c)

section 44 (false descriptions);

(d)

section 45 (failure by service provider to comply with requirements in regulations); or

(e)

section 47 (false statements).”.

The Registration of Social Care and Independent Health Care (Wales) Regulations 2002 M1 are amended as follows.

In regulation 2(1) (interpretation)—

In regulation 4 (information and documents to be provided by an applicant), in paragraph (4), in the table, omit the entries relating to—

In regulation 9 (contents of certificate), in paragraph (e), for “section 4(8)(a) or (9)(a)” substitute “ section 4(8)(a)(iii), (iv), (v), (vii) or (9)(a)(i), (iv), (v), (vi) ”.

In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment or agency)—

In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment or agency), omit paragraphs 2A, 2B and 2C.

Omit Schedule 4 (information to be supplied on an application for registration in respect of a care home) and Schedule 5 (information to be supplied on an application for registration in respect of a children's home).

The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 M1 are amended as follows.

In regulation 2 (interpretation), for the definition of “care home” substitute—

““care home” means—

(a)

a care home in England within the meaning given by section 3 of the Care Standards Act 2000, and

(b)

a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;”.

In Schedule 1 (modifications of the Income Support (General) Regulations 1987), in Table B, in the entry relating to regulation 18, in column 2 of the inserted regulation 19A (care homes), for paragraph (a) and the “or” immediately following it, substitute—

“(a)

a care home in England within the meaning of section 3 of the Care Standards Act 2000;

(aa)

a place in Wales at which a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) is provided wholly or mainly to persons aged 18 or over; or”.

The Disqualification from Caring for Children (Wales) Regulations 2004 M1 are amended as follows.

In the Schedule—

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006 M1 are amended as follows.

In Schedule 1 (buildings which are not HMOs for any purpose of the Act (excluding Part 1))—

The National Assembly for Wales (Representation of the People) Order 2007 M1 is amended as follows.

In Schedule 1 (absent voting at Assembly Elections), in paragraph 4(2) (additional requirements for applications on the grounds of severe sight impairment or other disability), for paragraph (k), substitute—

“(k)

a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of that Part) which is provided wholly or mainly to persons aged 18 or over;”.

The Review of Children's Cases (Wales) Regulations 2007 M1 are amended as follows.

In regulation 1(2) (title, commencement, interpretation and application), in the definition of “link worker” (“gweithiwr dolen gyswllt”) for “Children's Homes (Wales) Regulations 2002” substitute “ Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 ”.

In regulation 14 (exceptions to application of Regulations), in paragraph (1)—

The Placement of Children (Wales) Regulations 2007 M1 are amended as follows.

In regulation 3 (application of Regulations), in paragraph (2)—

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 M1 are amended as follows.

In regulation 2 (interpretation), for the definition of “care home” (“cartref gofal”) substitute—

• ““care home” (“cartref gofal”) means—

  1. (a)

     a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over, and

  2. (b)

     a care home in England within the meaning given by section 3 of the Care Standards Act 2000;”.

In Schedule 1 (modifications of the Income Support (General) Regulations 1987), in Table B, in the entry relating to regulation 18, in column 2, in the inserted regulation 19A (care homes) for paragraph (a) and the “or” immediately following it, substitute—

“(a)

a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;

(aa)

a care home in England within the meaning of section 3 of the Care Standards Act 2000; or”.

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 M1 are amended as follows.

In regulation 8(4) (persons who may provide an LPA certificate), for the definition of “care home” substitute—

““care home” means—

(a)

a care home in England within the meaning given by section 3 of the Care Standards Act 2000, and

(b)

a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;”.

The Controlled Drugs (Supervision of Management and Use (Wales) Regulations 2008 M1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “Welsh care home” (“cartref gofal yng Nghymru”), for “a body” to the end substitute “ a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over ”.

In regulation 23(f) (relevant persons), for sub-paragraph (i) substitute—

“(i)

a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of that Part) which is provided wholly or mainly to persons aged 18 or over, or a person who is registered with Social Care Wales as the manager M2 of such a care home service (referred to in this paragraph as “a registered person”), or”.

The Childcare (Disqualification) Regulations 2009 M1 are amended as follows.

In Schedule 1 (orders etc. relating to the care of children), after paragraph 15, insert—

“15A

In relation to the registration of a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) which is provided wholly or mainly to persons under the age of 18—

(a)

a refusal of P's application for registration under section 7 of the 2016 Act;

(b)

a refusal under section 12 of the 2016 Act of P's application to vary P's registration (made in accordance with section 11(1)(a)(i) or (ii) of that Act);

(c)

a cancellation of P's registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d)

a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 Act in relation to a care home service provided wholly or mainly to persons under the age of 18 in which P has been concerned in the management, or in which P had any financial interest;

(e)

a variation of P's registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act; or

(f)

a refusal of P's application for registration or cancellation of P's registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”.

In Schedule 3 (specified offences), in paragraph 1 (offences in England and Wales), after sub-paragraph (3), insert—

“(4)

An offence in relation to a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) provided wholly or mainly to persons under the age of 18 under or by virtue of any of the following provisions of the 2016 Act—

(a)

section 5 (requirement to register);

(b)

section 43 (failure to comply with a condition);

(c)

section 44 (false descriptions);

(d)

section 45 (failure by service provider to comply with requirements in regulations); or

(e)

section 47 (false statements).”.

The Care Planning, Placement and Case Review (England) Regulations 2010 M1 are amended as follows.

In regulation 2(1) (interpretation)—

In regulation 6 (arrangements for looking after a child), in paragraph (3)(e), after “Care Standards Act 2000”, insert “ or, who is registered as the service provider under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”.

In regulation 28 (frequency of visits), in paragraph (7)(b), after “or agencies)” insert “ or under section 39 of the Regulation and Inspection of Social Care (Wales) Act 2016 (notifying local authorities of certain action under this Part) ”.

The Child Minding and Day Care (Disqualification) (Wales) Regulations 2010 M1 are amended as follows.

In Schedule 1 (orders etc relating to the care of children), after paragraph 16 insert—

“16A

In relation to the registration of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) which is provided wholly or mainly to persons under the age of 18—

(a)

a refusal of P's application for registration under section 7 of the 2016 Act;

(b)

a refusal under section 12 of the 2016 Act of P's application to vary P's registration (made in accordance with section 11(1)(a)(i) or (ii) of the 2016 Act);

(c)

a cancellation of P's registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d)

a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 in relation to a care home service provided wholly or mainly to persons under the age of 18 in which P has been concerned in the management, or in which P had any financial interest;

(e)

a variation of P's registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act; or

(f)

a refusal of P's application for registration or cancellation of P's registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”.

In Schedule 3 (specified offences), in paragraph 1 (offences in England and Wales), after sub-paragraph (4) insert—

“(5)

An offence in relation to a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (the 2016 Act)) provided wholly or mainly to persons under the age of 18 under or by virtue of any of the following provisions of the 2016 Act—

(a)

section 5 (requirement to register);

(b)

section 43 (failure to comply with a condition);

(c)

section 44 (false descriptions);

(d)

section 45 (failure by service provider to comply with requirements in regulations); or

(e)

section 47 (false statements).”.

The Building Regulations 2010 M1 are amended as follows.

In regulation 37A (provision of automatic fire suppression systems), in paragraph (1)(a), for the words “as defined” to the end substitute “ means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, are provided wholly or mainly to persons aged 18 or over ”.

The Visits to Former Looked After Children in Detention (England) Regulations 2010 M1 are amended as follows.

In regulation 2(1) (interpretation)—

The Child Minding and Day Care Exceptions (Wales) Order 2010 M1 is amended as follows.

In article 11 (day care for children exceptions), for “cared for” to the end substitute “ who receives a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, at a place where such services are provided wholly or mainly to children and in respect of which a person is registered under Part 1 of that Act ”.

In article 12—

The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 M1 are amended as follows.

In regulation 3 (application of Regulations)—

The Police and Crime Commissioner Elections Order 2012 M1 is amended as follows.

In Schedule 2 (absent voting in PCC elections), in paragraph 15(2) (additional requirements referred to in paragraph 14(4)), after paragraph (j) insert—

“(ja)

the person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a care home service (within the meaning of that Act) provided wholly or mainly to persons aged 18 or over where the applicant states that he or she is resident at a place where that service is provided;”.

The Council Tax Reduction Scheme (Prescribed Requirements) (England) Regulations 2012 M1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “care home”—

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 M1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “secure children's home”, at the end, insert “ , or premises in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide a secure accommodation service within the meaning of Part 1 of and Schedule 1 to that Act ”.

In Schedule 1 (additional persons for whom a CCG has responsibility), in paragraph 1—

The Representations Procedure (Wales) Regulations 2014 M1 are amended as follows.

In regulation 12(5) (matters subject to concurrent consideration), for “22” substitute” “ 22A ”.

In regulation 15(3) (representations made by “other persons” under section 174(1)(b) or (c), (3)(f), (4)(d) and (5)(b) of the Social Services and Well-being (Wales) Act 2014), for “22” substitute “ 22A ”.

After regulation 22 (handling of care standards representations), insert—

“Handling of regulated services representations

22A

(1)

Except where paragraph (2) applies, in any case where representations relate wholly or partly to a regulated service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, the local authority receiving such representations must, within 2 working days of receipt—

(a)

send details of the whole of the representations or that part of any representation which relates to the regulated service to the person registered by the Welsh Ministers as the service provider in respect of that regulated service;

(b)

request the service provider to whom the details are sent under sub-paragraph (a) to notify the authority within 10 working days of receipt of the outcome of its consideration of the representations; and

(c)

inform the person making the representations of the action taken under sub-paragraphs (a) and (b).

(2)

This paragraph applies where—

(a)

representations have already been considered by the service provider; or

(b)

the local authority is of the opinion that to proceed under paragraph (1) would be likely to compromise or prejudice an investigation by the Welsh Ministers.

(3)

In any case where representations relate wholly or partly to services provided by a regulated service in respect of which a person is registered by the Welsh Ministers, the local authority must notify the Welsh Ministers if it has not been possible to resolve the representations under regulation 17.”.

The Care and Support (Direct Payments) Regulations 2014 M1 are amended as follows.

In regulation 1(3) (citation, commencement and interpretation), in the definition of “care home”, at the end insert “ , or a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to adults ”.

The National Health Service (Charges for Drugs and Appliances) Regulations 2015 M1 are amended as follows.

In regulation 11(3) (exemption from charges for prisoners and persons detained in other secure accommodation), in the definition of “other secure accommodation”—

The Care Quality Commission (Membership) Regulations 2015 M1 are amended as follows.

In the Schedule (grounds for disqualification), after paragraph 23, insert—

“23A

(1)

Unless sub-paragraph (2) applies, the person's registration as a provider of a regulated service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”), has been—

(a)

cancelled under section 15(1)(b) to (f) or 23(1) of the 2016 Act; or

(b)

varied under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act.

(2)

Paragraph (1) does not apply where—

(a)

the decision to cancel or vary has been subject to a direction of the Tribunal under section 26(4)(b) of the 2016 Act;

(b)

the cancellation was only by reason of an application for cancellation having been made by the provider of a regulated service pursuant to section 14 of the 2016 Act; or

(c)

the variation was only by reason of an application for variation having been made by the provider of a regulated service pursuant to section 11 of the 2016 Act.”.

The Care and Support (Ordinary Residence) (Specified Accommodation) (Wales) Regulations 2015 M1 are amended as follows.

In regulation 1(3) (title, commencement, application and interpretation), in the definition of “care home accommodation” (“llety cartref gofal”), for “in a care home” to the end substitute “ at a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to adults ”.

The Care Planning, Placement and Case Review (Wales) Regulations 2015 M1 are amended as follows.

In regulation 2(1) (interpretation)—

In regulation 6 (preparation and content of the care and support plan), in paragraph (3)(e), after “Care Standards 2000”, insert “ or the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”.

In regulation 31(7)(b) (frequency of visits), after “establishments or agencies)” insert “ or under section 39 of the Regulation and Inspection of Social Care (Wales) Act 2016 (notifying local authorities of certain action under this part) ”.

The Visits to Children in Detention (Wales) Regulations 2015 M1 are amended as follows.

In regulation 8(3)(c) for “registered manager” substitute “ manager ”M2 .

The Care and Support (Choice of Accommodation) (Wales) Regulations 2015 M1 are amended as follows.

In regulation 1(3) (title, commencement, application and interpretation), in the definition of “care home accommodation” (“llety cartref gofal”)—

The Care and Support (Business Failure (Wales) Regulations 2015 M1 are amended as follows.

In regulation 1(3) (title, commencement, application and interpretation), in the definition of “a provider” (“darparwr”), after “registered under” insert “ Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a regulated service (within the meaning of that Act), or a person registered under ”.

The Partnership Arrangements (Wales) Regulations 2015 M1 are amended as follows.

In regulation 11(4) (membership of regional partnership boards) for the definition of “care provider” (“darparwr gofal”) substitute—

• ““care provider” (“darparwr gofal”) means—

  1. (a)

     a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide a regulated service (within the meaning of that Act), and

  2. (b)

     a person registered under Part 2 of the Care Standards Act 2000 in respect of a establishment or agency (within the meaning of that Act);”.

In regulation 19(2) (establishment and maintenance of pooled funds), for the definition of “care home” (“cartref gofal”) substitute—

• ““care home” (“cartref gofal”) means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to adults;”.