Regulation and Inspection of Social Care (Wales) Act 2016

Legislation Crest

U.K.

Regulation and Inspection of Social Care (Wales) Act 2016

2016 anaw 2

An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes.

[18 January 2016]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

PART 1 U.K.REGULATION OF SOCIAL CARE SERVICES

CHAPTER 1U.K.INTRODUCTION

1Overview of Part 1E+W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Other key termsE+W

4General objectivesE+W

CHAPTER 2U.K.REGISTRATION ETC. OF SERVICE PROVIDERS

Requirement to registerU.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for, variation of and cancellation of registrationU.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8Duration of domiciliary support visitsE+W
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10Annual returnE+W
11Application for variation of registration as a service providerE+W
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13Variation without applicationE+W
14Application for cancellation of registration as a service providerE+W
15Cancellation without applicationE+W

Notice requirementsE+W

16Improvement noticesE+W
17Notice of decision following improvement noticeE+W
18Notice of proposalE+W
19Notice of decision following notice of proposalE+W
20Notice of decision without notice of proposalE+W

Responsible individualsU.K.

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22Cancellation of designation of a responsible individualE+W

Urgent actionE+W

23Urgent cancellation or variation of services or placesE+W
24Urgent cancellation or variation: notification and appealsE+W
25Urgent variation of registration: other conditionsE+W

AppealsE+W

26AppealsE+W

Regulations and guidanceU.K.

27Regulations about regulated servicesE+W
28Regulations about responsible individualsE+W
29Guidance about regulations under sections 27 and 28E+W
30Regulations about service providers who are liquidated etc.E+W
31Regulations about service providers who have diedE+W

CHAPTER 3U.K.INFORMATION AND INSPECTIONS

32Power to require informationE+W

33Inspections and inspectorsE+W

34Powers of inspector to enter and inspect premisesE+W

35Powers of inspector to interview and examine personsE+W

36Inspection reportsE+W

37Inspection ratingsE+W

CHAPTER 4E+WGENERAL FUNCTIONS

38Register of service providersE+W

39Notifying local authorities of certain action taken under this PartE+W

40Charging feesE+W

41Engagement with the publicE+W

42Annual report on regulatory functionsE+W

CHAPTER 5U.K.OFFENCES AND PENALTIES

43Failure to comply with a conditionE+W

44False descriptionsE+W

45Failure by service provider to comply with requirements in regulationsE+W

46Failure by responsible individual to comply with requirements in regulationsE+W

47False statementsE+W

48Failure to submit annual returnE+W

49Failure to provide informationE+W

50Offences related to inspectionsE+W

51Penalties upon convictionE+W

52Penalty noticesE+W

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 6E+WLOCAL AUTHORITY SOCIAL SERVICES

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57Reviews, investigations and inspectionsE+W

58Regulation of local authority functions relating to looked after and accommodated childrenE+W

Prospective

CHAPTER 7U.K.MARKET OVERSIGHT

59Specifying criteria for application of market oversight regimeE+W

60Determining whether criteria apply to service providerE+W

61Assessment of financial sustainability of service providerE+W

62Informing local authorities where failure of service provider likelyE+W

63National market stability reportE+W

CHAPTER 8E+WINTERPRETATION

64Interpretation of this PartE+W

PART 2 E+WOVERVIEW AND INTERPRETATION OF PARTS 3 TO 8

65Overview of Parts 3 to 8E+W

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 E+WSOCIAL CARE WALES

Continuation of the Care Council for Wales and its renamingE+W

67Social Care WalesE+W

(1)Section 54 of the Care Standards Act 2000 (c.14) is repealed.

(2)The body corporate called the Care Council for Wales which was established by that section is to continue in existence.

(3)But it is renamed, and is to be known as, Social Care Wales (referred to in this Act as “SCW”).

(4)Schedule 2 makes further provision about SCW.

Commencement Information

I2S. 67 in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

SCW's objectivesE+W

68SCW's objectivesE+W

(1)SCW's main objective in carrying out its functions is to protect, promote and maintain the safety and well-being of the public in Wales.

(2)In pursuing that objective SCW must exercise its functions with a view to promoting and maintaining—

(a)high standards in the provision of care and support services,

(b)high standards of conduct and practice among social care workers,

(c)high standards in the training of social care workers, and

(d)public confidence in social care workers.

(3)See section 69 for the meaning of “care and support services” and section 79 for the meaning of “social care worker”.

Commencement Information

I3S. 68 in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

Advice and assistanceE+W

69Advice and assistance in relation to care and support servicesE+W

(1)SCW may give any person providing a care and support service advice or other assistance (including grants) for the purpose of encouraging improvement in the provision of that service.

(2)SCW may attach such conditions to a grant given under subsection (1) as it thinks appropriate.

(3)Care and support service” means—

(a)a regulated service, or

(b)any other service in Wales which involves the provision of care and support by social care workers.

(4)See section 2 for the meaning of “regulated service” and section 3 for the meaning of “care and support”.

70Studies as to economy, efficiency etc.E+W

SCW may promote or undertake comparative or other studies designed to enable it to make recommendations under section 69 for improving economy, efficiency and effectiveness in the provision of a care and support service.

Engagement with the public etc.E+W

71Engagement with the public and social care workersE+W

(1)SCW must—

(a)make information about SCW and the exercise of its functions available to—

(i)the public, and

(ii)social care workers;

(b)prepare and publish a statement of its policy with respect to involving the public and social care workers in the exercise of those functions (whether by consultation or other means).

(2)SCW—

(a)may revise its statement of policy and must publish the revised statement, or

(b)may publish a new statement of policy.

(3)SCW must have regard to the most recent policy statement published under this section when exercising its functions.

Policy with respect to bringing criminal proceedingsE+W

72Statement of policy with respect to bringing criminal proceedingsE+W

(1)SCW must prepare and publish a statement of its policy with respect to the bringing of criminal proceedings by it.

(2)SCW may—

(a)revise its statement of policy and publish the revised statement, or

(b)publish a new statement of policy.

(3)SCW must have regard to the most recent policy statement published under this section when exercising its functions.

Rules made by SCW under this ActU.K.

73Rules: generalE+W

(1)Any power conferred on SCW by or under this Act to make rules must be exercised by an instrument in writing.

(2)An instrument containing rules must specify the provision under which the rules are made.

(3)To the extent that an instrument containing rules does not comply with subsection (2) it is void.

(4)Any power of SCW to make rules conferred by or under this Act may be exercised—

(a)so as to make different provision for different purposes;

(b)so as to make incidental, supplemental, consequential and transitional provision.

(5)SCW must—

(a)publish rules made by it, and

(b)ensure the rules are publicly available until such time as they cease to have effect.

(6)SCW may charge a fee for providing a person with a copy of rules made by it.

Commencement Information

I4S. 73(1)(2) in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation before making rules etc.E+W

75Consultation before making rules etc.E+W

(1)SCW must comply with the requirements of subsection (2)—

(a)before making any rules under this Act;

(b)before publishing a code of practice under section 112 (codes setting standards of conduct expected of social care workers and their employers);

(c)before publishing guidance under section 162 (guidance for fitness to practise and interim orders panels in respect of proceedings under Part 6),

unless subsection (3) applies.

(2)Before making the rules or publishing the code or guidance SCW must—

(a)publish a draft of the proposed rules, code or guidance accompanied by—

(i)an explanation of the purpose of the proposed rules, code or guidance and a summary of the intended effect of the proposed rules, code or guidance;

(ii)a notice specifying the period within which representations may be made to SCW about the proposal, and

(b)take reasonable steps to give notice of the proposal and the period for making representations to—

(i)social care workers SCW thinks may be affected by the proposal,

(ii)the Welsh Ministers, and

(iii)such other persons SCW thinks appropriate.

(3)This subsection applies if SCW—

(a)is satisfied that the nature of the proposed rules, code or guidance is such that consultation would be inappropriate or disproportionate, and

(b)has obtained the agreement of the Welsh Ministers to proceed without consultation.

(4)Section 184 (service of documents etc.) does not apply to anything done by SCW under subsection (2).

Commencement Information

I6S. 75 in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

Guidance and directionsE+W

76GuidanceE+W

(1)In exercising its functions SCW must have regard to any guidance given to it by the Welsh Ministers.

(2)The Welsh Ministers must publish any guidance they give to SCW.

77DirectionsE+W

(1)In exercising its functions SCW must comply with any directions given to it by the Welsh Ministers.

(2)A direction—

(a)must be in writing;

(b)may be varied or revoked by a subsequent direction.

Default powers of the Welsh MinistersE+W

78Default powers of the Welsh MinistersE+W

(1)The powers conferred by this section are exercisable by the Welsh Ministers if they are satisfied that SCW—

(a)has without reasonable excuse failed to discharge any of its functions, or

(b)in discharging any of its functions, has without reasonable excuse failed to comply with any directions given by the Welsh Ministers under section 77 in relation to those functions.

(2)The Welsh Ministers may—

(a)publish a statement declaring SCW to be in default, and

(b)direct SCW to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

(3)If SCW fails to comply with a direction given under subsection (2)(b), the Welsh Ministers may—

(a)discharge the functions to which the direction relates themselves, or

(b)make arrangements for any other person to discharge those functions on their behalf.

(4)A direction under subsection (2)(b)—

(a)must be in writing;

(b)may be varied or revoked by a subsequent direction.

PART 4E+WSOCIAL CARE WORKERS

Meaning of “social care worker” etc.U.K.

79Meaning of “social care worker” etc.E+W

Textual Amendments

Commencement Information

I7S. 79 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

The registerU.K.

80The registerE+W

81Duty to appoint a registrarE+W

Commencement Information

I9S. 81 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Registration in the social worker part or an added part of the registerE+W

82Application for registrationE+W

Commencement Information

I10S. 82 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

83RegistrationE+W

Commencement Information

I11S. 83 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

“Appropriately qualified” E+W

84“Appropriately qualified”E+W

Textual Amendments

Commencement Information

I12S. 84 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

85Qualifications gained outside Wales [F13– social workers] E+W

Textual Amendments

Commencement Information

I13S. 85 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

[F1485A. Qualifications gained outside Wales – social care managersE+W

Textual Amendments

Commencement Information

I14S. 85A in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Renewal of registration in the social worker part or an added part of the registerE+W

86Renewal of registrationE+W

Commencement Information

I15S. 86 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

87Lapse of registrationE+W

Commencement Information

I16S. 87 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Dealing with applications for registration or renewalE+W

88Rules about applications for registration or renewalE+W

Commencement Information

I17S. 88 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

89Notice of decisions in respect of registration or renewalE+W

Commencement Information

I18S. 89 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Visiting social workersE+W

90Visiting social workers from relevant European StatesE+W

[F2290A. Visiting social care managers from relevant European StatesE+W

Textual Amendments

Commencement Information

I20S. 90A in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Information to be contained on the registerU.K.

91Content of the registerU.K.

Commencement Information

I21S. 91 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Removal of entries from the registerE+W

92Removal by agreementE+W

Commencement Information

I22S. 92 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

93Death of a registered personE+W

Commencement Information

I23S. 93 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

94Entries based on false or misleading informationE+W

Commencement Information

I24S. 94 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Restoring an entry to the registerE+W

95Duty to restore a register entryE+W

Commencement Information

I25S. 95 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

96Power to restore a register entryE+W

Commencement Information

I26S. 96 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

97Restoration following fitness to practise proceedingsE+W

Commencement Information

I27S. 97 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

98Restoration proceedingsE+W

Commencement Information

I28S. 98 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

99Review of suspension of right to apply for restorationE+W

Commencement Information

I29S. 99 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

100Rules about applications under section 96 and 97E+W

Commencement Information

I30S. 100 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Appeals to a registration appeals panelE+W

101Appeals against decisions of the registrarE+W

Commencement Information

I31S. 101 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

102Appeals to the registration appeals panel: procedureE+W

Commencement Information

I32S. 102 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

103Decisions on appeal to the registration appeals panelE+W

Commencement Information

I33S. 103 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Appeals to the tribunalE+W

104Appeals against decisions of a registration appeals panelE+W

Commencement Information

I34S. 104 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

105Other appeals: decisions made under the General Systems RegulationsE+W

Notifying the registrar of changes to information etc.E+W

106Duty to notify the registrar of changes to registration informationE+W

Commencement Information

I36S. 106 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

107Requests for information relating to fitness to practiseE+W

Commencement Information

I37S. 107 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Duty to publish the register etc.E+W

108Publication etc. of the registerE+W

Commencement Information

I38S. 108 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

109Publication of certain registration appeal panel decisionsE+W

Commencement Information

I39S. 109 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

110List of persons removed from the registerE+W

Commencement Information

I40S. 110 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Protection of title “social worker” etc.U.K.

111Use of title “social worker” etc.E+W

Commencement Information

I41S. 111 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

PART 5 U.K.SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION ETC.

112Codes of practiceE+W

113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

114Approval of courses etc.E+W

115Inspections in connection with certain coursesE+W

116Other functions of SCW in respect of education and trainingE+W

PART 6 E+WSOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 1E+WGROUNDS OF IMPAIRMENT

117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2E+WPRELIMINARY PROCEDURES

Preliminary consideration of allegations etc.E+W

118Referral of allegations etc. of impaired fitness to practiseE+W
119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121Direct referral to a fitness to practise panelE+W
122Notice: ineligibility for onward referralE+W
123Notice: onward referralE+W
124Notice: referral to an interim orders panelE+W

InvestigationE+W

125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126Powers following an investigationE+W
127Notice: referral or disposalE+W
128WarningsE+W
129UndertakingsE+W
130MediationE+W

ReviewE+W

131Review of decisions by SCWE+W
132Cancellation of referral to fitness to practise panelE+W
133Referral by SCW for review proceedingsE+W

CHAPTER 3E+WDISPOSAL OF FITNESS TO PRACTISE CASES

134Scope and interpretation of Chapter 3E+W

135Removal from register on consensual basisE+W

136Other consensual disposal by fitness to practise panel: undertakingsE+W

137Disposals by fitness to practise panel: finding of no impairmentE+W

138Disposals by fitness to practise panel: finding of impairmentE+W

139Disposals: further provision about conditional registration and suspension ordersE+W

140Immediate orders for conditional registration or suspensionE+W

141Fitness to practise decisions: notification and taking effectE+W

142Regulations about disposals by fitness to practise panelsE+W

CHAPTER 4U.K.INTERIM ORDERS AND REVIEW OF INTERIM ORDERS

143Scope and interpretation of Chapter 4E+W

144Interim ordersE+W

145Appeals against interim ordersE+W

146Reviews of interim orders: timingE+W

147Reviews of interim order: possible decisionsE+W

148Extension of interim order by the tribunalE+W

149Revocation of interim ordersE+W

CHAPTER 5U.K.REVIEW PROCEEDINGS

150Review proceedings: interpretation and generalE+W

151Review proceedingsE+W

152Review of undertakings: disposals by fitness to practise panelE+W

153Review of conditional registration orders: disposals by fitness to practise panelE+W

154Review of suspension orders: disposals by fitness to practise panelE+W

155Review of indefinite suspension ordersE+W

156Reviews: further provision about conditional registration and suspension ordersE+W

157Decisions in review cases: notification and taking effectE+W

CHAPTER 6E+WAPPEALS AND REFERRALS TO THE TRIBUNAL

158Appeals against decisions of a fitness to practise panelE+W

CHAPTER 7E+WGENERAL AND SUPPLEMENTARY

159Disclosure of information about fitness to practiseE+W

160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

161Publication of fitness to practise decisionsE+W

162Guidance about fitness to practiseE+W

163Suspension: supplementaryE+W

164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 U.K.ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS

165Designation of regulated activityE+W

(1)The Welsh Ministers may by regulations—

(a)designate an activity to which subsection (2) applies as a regulated activity for the purposes of this Part, and

(b)authorise the making of prohibition orders in respect of the regulated activity.

(2)The activities to which this subsection applies are—

(a)practising as a social care worker of a prescribed description;

(b)carrying out a prescribed activity as a social care worker;

(c)the use by an individual of a prescribed title relating to an activity within paragraph (a) or (b).

(3)In subsection (2) references to “social care worker” do not include a reference to—

(a)a social worker, or

(b)a social care worker of a description specified for the time being by regulations under section 80(1)(b) (descriptions of social care worker in respect of whom SCW keeps an added part of the register).

(4)In this Part “prohibition order” means an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity.

(5)Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate.

(6)But the requirement to consult does not apply to regulations which—

(a)amend other regulations made under this section, and

(b)do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

166Conditions for making a prohibition orderE+W

(1)Regulations made under section 165 must prescribe the circumstances in which a fitness to practise panel may make a prohibition order.

(2)The regulations may, in particular, provide that a panel may not make a prohibition order in respect of a person unless one or more of the following conditions is met—

(a)the person has been convicted of an offence of a prescribed kind;

(b)the person has been given a caution in respect of an offence of a prescribed kind;

(c)the person is included in a barred list;

(d)a relevant body has made a determination to the effect that the person's fitness to practise is impaired;

(e)the panel is satisfied that the person has failed to meet any standard of conduct specified under section 173;

(f)the panel thinks that it is necessary for the protection of the public, or that it is otherwise in the public interest, to make the order.

(3)In subsection (2) “barred list” and “relevant body” have the same meaning as in section 117 (grounds of impairment of fitness to practise).

167Interim prohibition ordersE+W

(1)Regulations under section 165 must authorise the making of interim prohibition orders.

(2)An interim prohibition order is an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity pending a decision as to whether or not to make a prohibition order.

(3)The regulations must provide that a panel may not make an interim prohibition order unless it thinks that it is necessary for the protection of the public, or is otherwise in the public interest, to make the order as a matter of urgency.

168Prohibition orders: supplementary provisionE+W

The Welsh Ministers may by regulations—

(a)make provision as to the time when a prohibition order takes effect;

(b)make provision about the review of a prohibition order by a fitness to practise panel, including—

(i)the circumstances in which a prohibition order may be reviewed,

(ii)the procedure for applying for a review,

(iii)the timing of a review, and

(iv)the powers of the panel on a review (including power to set aside the prohibition order);

(c)require SCW to publish prescribed information about determinations made by fitness to practise panels in respect of prohibition orders and interim prohibition orders;

(d)require SCW to make such prescribed information available—

(i)to persons of a specified description, or

(ii)for public inspection.

169Interim prohibition orders: reviewU.K.

(1)A fitness to practise panel must review an interim prohibition order as soon as practicable if—

(a)the person in respect of whom the order is made requests a review, and

(b)the request is made no earlier than 3 months after the date on which the order was made.

(2)If an interim prohibition order is reviewed under subsection (1), a fitness to practise panel must review the order within each subsequent period of 3 months beginning with the date of the review under that subsection.

(3)A fitness to practise panel may review an interim prohibition order at any time if new evidence becomes available which is relevant to the case.

(4)Following a review, the panel may set aside an interim prohibition order.

170AppealsE+W

(1)Regulations under section 165 must provide for a right of appeal to the tribunal against—

(a)a prohibition order;

(b)a decision not to set aside a prohibition order on a review;

(c)a decision not to set aside an interim prohibition order on a review.

(2)Regulations under this section may include provision as to—

(a)the period within which an appeal may be made;

(b)the grounds on which an appeal may be made;

(c)the procedure for making an appeal;

(d)the powers of the tribunal on appeal.

171OffencesE+W

(1)It is an offence for a person to fail to comply with—

(a)a prohibition order, or

(b)an interim prohibition order.

(2)A person who commits an offence under subsection (1) is liable on summary conviction to a fine.

(3)The Welsh Ministers may by regulations create summary offences relating to the employment or appointment of a person to do anything that the person is prohibited from doing by—

(a)a prohibition order, or

(b)an interim prohibition order.

(4)Regulations creating an offence may not provide for the offence to be punishable otherwise than by a fine (whether an unlimited fine or a fine not exceeding a specified level on the standard scale).

Supplementary provisionU.K.

172List of prohibited personsE+W

(1)SCW must establish and maintain a list of persons in respect of whom a prohibition order or an interim prohibition order is in effect.

(2)The Welsh Ministers may by regulations make provision about—

(a)the form and content of the list;

(b)whether or not the list, or specified information from the list, is to be published;

(c)making the list available—

(i)to persons of a specified description, or

(ii)for public inspection.

173Standards of conductE+W

(1)The Welsh Ministers may by regulations require SCW to determine the standards of conduct expected of a person carrying out a regulated activity.

(2)SCW—

(a)must keep the standards under review, and

(b)may alter or replace the standards.

(3)SCW must publish—

(a)the standards, and

(b)if the standards are altered or replaced, the altered or replaced standards.

(4)SCW must by rules make provision about the procedure to be followed in determining the standards.

(5)Rules made under subsection (4) may, in particular—

(a)make provision about the criteria by reference to which the standards are to be determined;

(b)make provision about the arrangements for keeping the standards under review.

PART 8 U.K.SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

175Proceedings before panelsE+W

PART 9 U.K.CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

176The regulatory bodiesE+W

In this Part—

(a)the regulatory bodies are—

(i)the Welsh Ministers, and

(ii)SCW;

(b)relevant functions” means—

(i)in relation to the Welsh Ministers, their regulatory functions;

(ii)in relation to SCW, its functions under this Act;

(c)general objectives” means—

(i)in relation to the Welsh Ministers, the objectives mentioned in section 4;

(ii)in relation to SCW, the objective mentioned in section 68(1).

177Relevant authoritiesE+W

(1)In this Part the relevant authorities are—

(a)Her Majesty's Chief Inspector for Education and Training in Wales,

(b)the Education Workforce Council,

(c)each local authority,

(d)each Local Health Board,

(e)an NHS Trust,

(f)a Welsh fire and rescue authority,

(g)a Community Health Council, and

(h)such other person as may be prescribed.

(2)In subsection (1)—

(a)NHS Trust” means a National Health Service Trust constituted under the National Health Service (Wales) Act 2006 (c.42);

(b)Welsh fire and rescue authority” means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies;

(c)Community Health Council” means a Community Health Council continued or established under section 182 of the National Health Service (Wales) Act 2006 (c.42).

178Co-operation in the exercise of functionsE+W

(1)The regulatory bodies must co-operate with each other in the exercise of their relevant functions if they think that such co-operation—

(a)will have a positive effect on the manner in which those functions are exercised, or

(b)will assist them in achieving their general objectives.

(2)A regulatory body must, in the exercise of its relevant functions, seek to co-operate with a relevant authority if the regulatory body thinks such co-operation—

(a)will have a positive effect on the manner in which the body exercises its functions, or

(b)will assist the body in achieving its general objectives.

(3)Where a regulatory body requests the co-operation of a relevant authority under subsection (2) the authority must comply with the request unless the authority—

(a)is prevented from co-operating in the manner requested by any enactment or other rule of law,

(b)thinks that such co-operation would otherwise be incompatible with its own functions, or

(c)thinks that such co-operation would have an adverse effect on its functions.

(4)If a relevant authority requests the co-operation of a regulatory body, the body must comply with that request unless the body—

(a)is prevented from co-operating in the manner requested by any enactment (including this Act) or other rule of law,

(b)thinks that such co-operation would otherwise be incompatible with the regulatory body's own functions, or

(c)thinks that such co-operation would have an adverse effect—

(i)on the body's functions, or

(ii)on achieving the body's general objectives.

179Joint exercise of functionsE+W

(1)One regulatory body (“A”) may arrange with the other regulatory body (“B”) for A and B to act together in exercising jointly one or more relevant functions of A with one or more relevant functions of B.

(2)A regulatory body may enter into an arrangement under this section only if it thinks that the arrangement—

(a)will have a positive effect on the manner in which the body exercises the function, or

(b)will assist the body in achieving its general objectives.

(3)Arrangements under this section may—

(a)include the establishment of a joint committee to exercise the relevant joint functions on behalf of the regulatory bodies, and

(b)be on such other terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

180Delegating functions to another regulatory bodyE+W

(1)A regulatory body may delegate any of its relevant functions to the other regulatory body if they agree that such a delegation—

(a)will have a positive effect on the manner in which the function is to be exercised, or

(b)will assist the delegating body in achieving its general objectives.

(2)But a function must not be delegated to the other regulatory body if the other body thinks that such a delegation may be detrimental to—

(a)the manner in which the other body exercises its functions, or

(b)the achievement of the other body's general objectives.

(3)Despite subsection (1), SCW may not delegate—

(a)its rule-making functions, or

(b)its functions relating to fitness to practise proceedings.

(4)A delegation under subsection (1) may be on such terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

(5)A function may be delegated under subsection (1) wholly or to any lesser extent as may be agreed by the regulatory bodies.

(6)A delegation under subsection (1) does not affect—

(a)any liability or responsibility of the body delegating the function for its exercise, nor

(b)the ability of that body to exercise that function or make other arrangements in relation to it.

181Sharing informationE+W

(1)A regulatory body may provide information to another regulatory body or relevant authority in pursuance of an arrangement made under this Part to co-operate, jointly exercise functions or delegate functions.

(2)Information must not be provided under subsection (1) to a regulatory body or relevant authority if the person holding the information is prohibited from providing it by any enactment or other rule of law.

(3)In the case of information relating to an individual, the information may be provided to a regulatory body or relevant authority only if—

(a)the information is provided in a form which does not identify the individual, or

(b)the person holding the information obtains the individual's consent to provide it.

(4)For the purposes of subsection (3)(a), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of—

(a)the information, and

(b)other information provided to a regulatory body or relevant authority by the same regulatory body.

(5)Information provided in pursuance of an arrangement under this Part must be used by the person to whom it is provided only for the purposes of co-operating, jointly exercising functions or exercising delegated functions in pursuance of the arrangement.

(6)This section does not affect the duty of the regulatory bodies to disclose information for the purposes of protecting the well-being of an individual.

182Sharing information to protect well-beingE+W

(1)A regulatory body must disclose information it has obtained in the exercise of its relevant functions to any other person if it thinks that such disclosure is necessary or expedient to protect the well-being of an individual in Wales.

(2)But information must not be disclosed under subsection (1) if disclosure of the information is prohibited by any enactment or other rule of law.

(3)In the case of information identifying an individual, it may be disclosed in a manner which identifies the individual only if the regulatory body thinks such identification is necessary to protect the well-being of any individual.

(4)For the purposes of subsection (3), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of—

(a)the information, and

(b)other information disclosed by the regulatory body to the other person referred to in subsection (1).

PART 10 E+WMISCELLANEOUS AND GENERAL

183InquiriesE+W

184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 11U.K.FINAL PROVISIONS

185Minor and consequential amendmentsU.K.

Schedule 3 makes minor and consequential amendments.

Commencement Information

I44S. 185 in force at 6.4.2016 for specified purposes by S.I. 2016/467, arts. 2, 3

186Power to make consequential etc. provisionE+W

(1)The Welsh Ministers may by regulations make such consequential, incidental, transitional, transitory or saving provision as they think appropriate for the purposes of or in connection with this Act.

(2)Regulations under this section may amend, revoke or repeal any enactment contained in, or made under, primary legislation.

(3)The power to make regulations under this section is exercisable by statutory instrument.

(4)A statutory instrument containing regulations under this section which amend or repeal an enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(5)A statutory instrument containing regulations under this section to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6)In this section, “primary legislation” means—

(a)an Act of Parliament;

(b)an Act or Measure of the National Assembly for Wales (including this Act).

187 Regulations under this ActE+W

(1)A power to make regulations under this Act—

(a)is exercisable by statutory instrument;

(b)includes power to make different provision for different purposes, for different cases and for different areas.

(2)A statutory instrument containing regulations made under any of the following provisions of this Act may not be made unless a draft of the instrument containing the regulations has been laid before and approved by resolution of the National Assembly for Wales—

(a)section 2(1)(i) (regulations specifying other care and support services as regulated services);

(b)section 2(3) (regulations prescribing things not to be treated as regulated services);

(c)section 3(3) (regulations prescribing things not to be treated as care and support);

(d)section 9(9) (regulations varying the evidence to be taken into account when determining whether a person is fit and proper);

(e)section 11(2) (regulations prescribing a time limit within which an application to designate a replacement responsible individual must be made);

(f)section 27(1) (regulations imposing requirements on service providers);

(g)section 28(1) (regulations imposing requirements on responsible individuals);

(h)section 37(1) (regulations about inspection ratings);

(i)section 40(1) (regulations about charging fees);

(j)section 45 (regulations creating offences for failure to comply with requirements imposed on service providers);

(k)section 46 (regulations creating offences for failure to comply with requirements imposed on responsible individuals);

(l)sections 59(1) and (4) and 61(6) and (9) (regulations about the market oversight regime);

(m)section 79(2) (regulations prescribing descriptions of persons to be treated as social care workers);

(n)section 80(1)(b) (regulations prescribing descriptions of social care worker in respect of whom SCW must keep a register);

(o)section 111(2) (regulations prescribing protected titles for social care workers other than social workers);

(p)section 117 (amending the grounds on which a registered person's fitness to practise may be regarded as impaired);

(q)section 130 (arrangements for mediation);

(r)section 136(2)(d) (persons to whom undertakings may be disclosed by SCW);

(s)section 142 (amending the ways in which a fitness to practise panel may dispose of matters);

(t)section 165 (designation of regulated activities etc. for the purposes of prohibition orders under Part 7);

(u)section 171(3) (creation of offences in relation to employment or appointment of persons subject to prohibition orders etc.);

(v)section 177(1)(h) (regulations prescribing other persons as relevant authorities for the purposes of Part 9);

(w)paragraph 7 of Schedule 1 (regulations specifying certain services as regulated advocacy services).

(3)Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4)This section does not apply to regulations made under section 186.

188Coming into forceE+W

(1)The provisions of this Act (except this section and sections 186, 187, 189 and 190) come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(2)This section and sections 186, 187, 189 and 190 come into force on the day after the day on which this Act receives Royal Assent.

(3)An order under this section may—

(a)appoint different days for different purposes or areas;

(b)include such transitory, transitional or saving provision as the Welsh Ministers think appropriate.

189General interpretationE+W

In this Act—

  • caution” (“rhybuddiad”), in relation to an offence, means—

    (a)

    a conditional caution given under section 22 of the Criminal Justice Act 2003 (c.44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c.37) (conditional cautions for children and young persons);

    (b)

    any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted;

    (c)

    anything corresponding to a caution falling within paragraph (a) or (b) (however described) which—

    (i)

    is given to a person in respect of an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence, and

    (ii)

    is not an alternative to prosecution (within the meaning of section 8AA of the Rehabilitation of Offenders Act 1974 (c.53));

  • financial year” (“blwyddyn ariannol”) means the period of one year beginning on 1 April and ending on 31 March;

  • local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

  • Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

  • prescribed” (“a ragnodir” and “rhagnodedig”) means prescribed by regulations made by the Welsh Ministers;

  • SCW” (“GCC”) has the meaning given by section 67;

  • the tribunal” (“y tribiwnlys”) means the First-tier tribunal;

  • well-being” (“llesiant”) has the same meaning as in section 2 of the 2014 Act;

  • the 2014 Act” (“Deddf 2014”) means the Social Services and Well-Being (Wales) Act 2014 (anaw 4).

190Short titleE+W

The short title of this Act is the Regulation and Inspection of Social Care (Wales) Act 2016.

(as introduced by section 2(2))

SCHEDULE 1E+WREGULATED SERVICES: DEFINITIONS

Care home servicesE+W

1(1)A “care home service” is the provision of accommodation, together with nursing or care at a place in Wales, to persons because of their vulnerability or need.E+W

(2)But accommodation together with nursing or care provided at the following places does not constitute a care home service—

(a)a hospital;

(b)a school (but see sub-paragraph (3));

(c)a residential family centre;

(d)a place providing a secure accommodation service;

(e)a place providing accommodation for an adult arranged as part of an adult placement service.

(3)Accommodation together with nursing or care provided at a school does constitute a care home service if, at the time accommodation is provided for children at the school—

(a)accommodation has been provided at the school or under arrangements made by the school's proprietor for at least one child for more than 295 days in any period of 12 months falling within the previous 24 months, or

(b)such accommodation is intended to be provided for at least one child for more than 295 days in any period of 12 months falling within the following 24 months.

(4)The provision of accommodation and care to a child by a parent, relative or foster parent does not constitute a care home service [F34unless paragraph 5A of Schedule 7 to the Children Act 1989 applies (fostering treated as care home service where fostering limit exceeded)].

(5)In sub-paragraph (2)(b), “school” has the meaning given by section 4 of the Education Act 1996 (c.56).

(6)In sub-paragraph (4), “parent” means a person who has parental responsibility for a child (within the meaning given by section 3 of the Children Act 1989 (c.41)).

(7)For the purposes of sub-paragraph (4) a person is a foster parent in relation to a child if the person—

(a)is a local authority foster parent, or

(b)fosters the child privately.

Secure accommodation servicesE+W

2E+WA “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children.

Residential family centre servicesE+W

3(1)A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where—E+W

(a)the parents' capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and

(b)the parents are given such care and support as is thought necessary.

(2)In sub-paragraph (1), “parent” in relation to a child, means any person who is looking after the child.

Adoption servicesE+W

4E+WAn “adoption service” is a service provided in Wales by—

(a)an adoption society within the meaning of the Adoption and Children Act 2002 (c.38) which is a voluntary organisation within the meaning of that Act [F35(but see section 2(4) of the Adoption and Children Act 2002 (c. 38) (no application for registration to be made under Part 1 of this Act if an adoption society is an unincorporated body))], or

(b)an adoption support agency within the meaning given by section 8 of that Act.

Fostering servicesE+W

5E+WA “fostering service” means any service provided in Wales by a person other than a local authority which consists of or includes—

(a)the placement of children with local authority foster parents, or

(b) exercising functions in connection with such placement.

Adult placement servicesE+W

6(1)An “adult placement service” means a service carried on (whether or not for profit) by a local authority or other person for the purposes of placing adults with an individual in Wales under a carer agreement (and includes any arrangements for the recruitment, training and supervision of such individuals).U.K.

(2)In sub-paragraph (1) “carer agreement” means an agreement for the provision by an individual of accommodation at the individual's home together with care and support for up to three adults.

Advocacy servicesU.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Domiciliary support servicesE+W

8(1)A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision).E+W

(2)But the provision of care and support does not constitute a domiciliary support service if⁠—

(a)it is provided by an individual without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973 (c.35)), and who works wholly under the direction and control of the person receiving the care and support, or

(b)it is provided—

(i)at a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or

(ii)at a hospital.

(3)A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit).

InterpretationE+W

9E+WIn this Schedule—

  • hospital” (“ysbyty”) means—

    (a)

    a health service hospital within the meaning given by the National Health Service (Wales) Act 2006 (c.42),

    (b)

    an independent hospital within the meaning given by the Care Standards Act 2000 (c.14), and

    (c)

    an independent clinic within the meaning given by the Care Standards Act 2000;

  • local authority foster parent” (“rhiant maeth awdurdod lleol”) has the meaning given by the 2014 Act.

(as introduced by section 67(4))

SCHEDULE 2E+WSOCIAL CARE WALES

PART 1 E+WSTATUS

StatusE+W

1(1)SCW is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)SCW's property is not to be regarded as property of, or property held on behalf of, the Crown.

PART 2 E+WMEMBERSHIP

MembersE+W

2(1)SCW is to consist of—E+W

(a)a member to chair SCW (“the chairing member”), and

(b)not more than 14 other members.

(2)SCW's members are to be appointed by the Welsh Ministers.

(3)A person who is a member of SCW's staff may not be appointed or hold office as a member of SCW.

(4)SCW's members are to hold office on such terms and conditions as the Welsh Ministers may determine; but this is subject to the other provisions of this Schedule.

(5)Before making an appointment under this paragraph the Welsh Ministers must consult such persons as they think appropriate.

(6)In exercising their functions under this paragraph the Welsh Ministers must have regard to the desirability of appointing a varied membership which comprises a majority of persons who are not, and have not been, social care workers or representatives of social care workers.

Remuneration etc. of membersE+W

3(1)SCW may pay to its members such remuneration, expenses and allowances as the Welsh Ministers may determine.E+W

(2)SCW is to pay, or make provision for the payment, of such pension, allowance or gratuities as the Welsh Ministers may determine to or in respect of a person who is or has been a member of SCW.

(3)If the Welsh Ministers determine that there are special circumstances which make it right for a person ceasing to hold office as the chairing member of SCW to receive compensation, SCW must pay the person or make provision for the payment to the person of such compensation as the Welsh Ministers may determine.

Term of officeE+W

4U.K.A person appointed as a member of SCW holds office for such period as the Welsh Ministers may determine when making the appointment; but that period may not exceed 4 years.

ResignationE+W

5(1)The chairing member may resign by giving written notice to the Welsh Ministers.E+W

(2)Resignation may be either—

(a)as chairing member, or

(b)as both chairing member and member.

(3)A member of SCW who is not the chairing member may resign by giving written notice to the Welsh Ministers.

DismissalE+W

6(1)The Welsh Ministers may by written notice dismiss the chairing member if satisfied that he or she—E+W

(a)is unfit to continue as chairing member, or

(b)is unable or unwilling to act as chairing member.

(2)Dismissal may be either—

(a)as chairing member, or

(b)as both chairing member and member.

(3)The Welsh Ministers may by written notice dismiss a member of SCW who is not the chairing member if satisfied that he or she—

(a)is unfit to continue as a member, or

(b)is unable or unwilling to act as a member.

PART 3 E+WGENERAL POWERS

CommitteesE+W

7(1)SCW may establish committees.E+W

(2)Committees established under sub-paragraph (1) may establish sub-committees.

(3)A committee or sub-committee established under this paragraph may include, or be comprised entirely of, persons who are not members of SCW.

(4)SCW may pay remuneration, expenses and allowances to any person who—

(a)is a member of a committee or sub-committee established under this paragraph, and

(b)is not a member of SCW, or a member of its staff.

DelegationE+W

8(1)SCW may arrange for any of its functions to be exercised by any of its—E+W

(a)committees,

(b)sub-committees,

(c)members, or

(d)staff.

(2)Sub-paragraph (1) does not affect SCW's responsibility for exercise of delegated functions or affect its ability to exercise delegated functions.

Supplementary powersE+W

9E+WSCW may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions.

PART 4 E+WPROCEEDINGS ETC.

ProcedureE+W

10(1)SCW is to regulate its own procedure (including quorum); but this is subject to the other provisions of this Act and any regulations made under it.E+W

(2)SCW is to regulate the procedure (including quorum) of its—

(a)committees, and

(b)sub-committees.

Application of sealE+W

11(1)SCW may have a seal.E+W

(2)The application of the seal must be authenticated by the signature of—

(a)any member of SCW, or

(b)any other person authorised by SCW for that purpose.

EvidenceE+W

12E+WA document purporting to be duly executed under the seal of SCW or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

PART 5 E+WCHIEF EXECUTIVE AND OTHER STAFF

Chief executive and other staffE+W

13(1)SCW must appoint a chief executive.E+W

(2)SCW may appoint such other staff as it thinks appropriate; but this is subject to section 81 (duty of SCW to appoint a registrar).

(3)A person appointed as chief executive is employed on such terms and conditions as SCW may determine; but the appointment (including any terms and conditions of appointment) requires the approval of the Welsh Ministers.

(4)Any other staff appointed under this paragraph are employed on such terms and conditions as SCW may determine; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such staff.

PART 6 E+WFINANCIAL MATTERS AND ANNUAL REPORTS ETC.

Payments by the Welsh MinistersE+W

14E+WThe Welsh Ministers may make payments to SCW of such amounts, and at such times and on such conditions (if any), as the Welsh Ministers think appropriate.

Accounting officerE+W

15(1)The chief executive is to act as SCW's accounting officer.E+W

(2)The accounting officer has, in relation to SCW's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.

(3)The responsibilities that may be specified include—

(a)responsibilities in relation to the signing of accounts;

(b)responsibilities for the propriety and regularity of SCW's finances;

(c)responsibilities for the economy, efficiency and effectiveness with which SCW uses its resources;

(d)responsibilities owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly;

(e)responsibilities owed to the House of Commons or the Committee of Public Accounts of that House.

Accounts and auditE+W

16(1)SCW must for each financial year—E+W

(a)keep proper accounts and proper records in relation to them, and

(b)prepare a statement of accounts.

(2)Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a)the information to be contained in it,

(b)the manner in which the information is to be presented, and

(c)the methods and principles according to which the statement is to be prepared.

(3)No later than 31 August after the end of each financial year SCW must submit its statement of accounts to—

(a)the Welsh Ministers, and

(b)the Auditor General for Wales.

(4)The Auditor General for Wales must—

(a)examine, certify and report on the statement of accounts, and

(b)no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report.

Annual reports etc.E+W

17(1)No later than 30 November after the end of each financial year SCW must publish a report on the exercise of its functions during that year (an “annual report”).E+W

(2)As soon as possible after an annual report is published SCW must send a copy of it to the Welsh Ministers.

(3)SCW must provide the Welsh Ministers with such other reports and information relating to the exercise of its functions as they may from time to time require.

(as introduced by section 185)

SCHEDULE 3E+WMINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 E+WREGULATION OF SERVICES

Care Standards Act 2000E+W

1U.K.The Care Standards Act 2000 (c.14) is amended as follows.

2U.K.In section 1—

(a)in subsection (1), at the end insert “ as it applies in relation to England ”;

(b)in subsection (2), after “establishment” insert “ in England ”;

(c)subsection (4) is repealed;

(d)in subsection (4A), the words “in England” are repealed;

(e)the section heading becomes “ Children's homes in England ”.

3U.K.In section 3—

(a)in subsection (1), after “establishment” insert “ in England ”;

(b)subsection (3) is repealed;

(c)in subsection (4), the words “in England” are repealed;

(d)the section heading becomes “ Care homes in England ”.

4U.K.In section 4—

(a)in subsection (2), after “establishment” insert “ in England ”;

(b)in subsection (3), after “persons” insert “ in England ”;

(c)in subsection (4)—

(i)in paragraph (a), after “authorities” insert “ in England ”;

(ii)in paragraph (b), after “organisation” insert “ in England ”;

(d)subsection (5) is repealed;

(e)in subsection (7), at the end insert “ whose principal office is in England ”;

(f)in subsection (7A), for “has” substitute “ means an undertaking in England which is an adoption support agency within ”;

(g)in subsection (8)(a)—

(i)in sub-paragraph (i), at the end insert “ in England ”;

(ii)in sub-paragraph (ii), after “home” insert “ in England ”;

(iii)sub-paragraph (vi) is repealed;

(iv)in sub-paragraph (vii), at the end insert “ in England ”;

(h)in subsection (9)(a), sub-paragraphs (ii) and (iii) are repealed;

(i)in subsection (10), after “services” where it first occurs insert “ in England ”.

5U.K.In section 5—

(a)in subsection (1)(b), for “in any other case” substitute “ in the case of establishments mentioned in subsection (1B) ”;

(b)in subsection (1A), after “agencies” insert “ mentioned in subsection (1)(a) ”;

(c)after subsection (1A), insert—

(1B)The establishments mentioned in subsection (1)(b) are—

(a)independent hospitals in Wales;

(b)independent clinics in Wales.;

(d)subsection (2) is repealed.

6U.K.In section 8(6)—

(a)in paragraph (a), for “section 5(b)” substitute “ section 5(1)(b) ”;

(b)in paragraph (b) for sub-paragraphs (i) and (ii) substitute by the Care Quality Commission—

(i)under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

(ii)under the Mental Health Act 1983 in relation to England.

7U.K.In section 14(2), after paragraph (f) insert—

(g)an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

8U.K.In section 22—

(a)in subsection (1), for paragraph (b) substitute—

(b)regulations made by the Welsh Ministers—

(i)may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and

(ii)may in particular make any provision such as is mentioned in subsection (2), (7) or (8) in so far as relevant to those establishments.;

(b)subsections (3) and (4) are repealed.

9U.K.In section 22B—

(a)in subsection (1), for “registration authority” substitute “ CIECSS ”;

(b)in subsection (3)(c), for “registration authority's” substitute “CIECSS's”;

(c)in subsection (4)(b), for “registration authority” substitute “ CIECSS ”;

(d)in subsection (5)(a), for “registration authority” substitute “ CIECSS ”;

(e)in subsection (6), for “registration authority” substitute “ CIECSS ”;

(f)in subsection (8)—

(i)in paragraph (a), at the end insert “ in England ”;

(ii)in paragraph (b), at the end insert “ in England ”.

10U.K.In section 23, after subsection (1) insert—

(1ZA)But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.

11U.K.In section 30A—

(a)in subsection (1), after “agency” insert “ in England ”;

(b)in subsection (2), for “registration authority” substitute “ CIECSS ”;

(c)in subsection (3), for “registration authority” substitute “ CIECSS ”;

(d)in subsection (7), in the definition of “prescribed”, paragraph (b) is repealed.

12U.K.Section 36A is repealed.

13U.K.In section 42—

(a)for subsection (2) substitute—

(2)This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.;

(b)in subsection (7), the definition of “Welsh local authorities” is repealed.

14U.K.In section 43, after subsection (1) insert—

(1A)Local authority” means a local authority in England.

15U.K.In section 50(1), for “registration authority” substitute “ CIECSS ”.

16U.K.Section 79(3) is repealed.

Health and Social Care (Community Health and Standards) Act 2003E+W

17U.K.The Health and Social Care (Community Health and Standards) Act 2003 (c.43) is amended as follows.

18U.K.Chapter 6 of Part 2 (social services: functions of the National Assembly for Wales) is repealed.

19U.K.In section 142, in paragraph (a)—

(a)in sub-paragraph (i), omit “and 6”;

(b)in sub-paragraph (ii), for “section 5(b)” substitute “ section 5(1)(b) ”.

20U.K.In section 143(2), paragraph (b) is repealed.

Public Audit (Wales) Act 2004E+W

21U.K.The Public Audit (Wales) Act 2004 (c.23) is amended as follows.

22U.K.In section 41(6) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies for improving economy etc. in services), for the words from “sections 94 and 95” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

23U.K.In section 42(4) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies about the impact of statutory provisions), for the words from “section 95(2)” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

Children Act 2004E+W

24U.K.In section 30 of the Children Act 2004 (c.31) (inspection of functions under Part 3), for subsection (1) substitute—

(1)The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).

Public Services Ombudsman (Wales) Act 2005E+W

25U.K.The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

26U.K.In section 34R (meaning of “care home” and “care home provider”)—

(a)in subsection (2), for the words from “has” to the end substitute “ means premises 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; ”

(b)in subsection (3), for “carries on a care home” substitute “ is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over ”;

(c)in subsection (5), for the words from “personal” to the end of paragraph (a) substitute “ care in a care home in Wales for an individual because of the individual's vulnerability or need, ”;

(d)after subsection (5), insert—

(6)Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

27U.K.In section 42(4A) (meaning of “former care home provider”), for the words from “personal” to the end of paragraph (a) substitute “ care of a particular description at a care home in Wales (see section 32R), ”.

Safeguarding Vulnerable Groups Act 2006E+W

28U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Services and Well-being (Wales) Act 2014E+W

29E+WThe 2014 Act is amended as follows.

30E+WIn section 1 (overview)—

(a)in subsection (9)—

(i)after paragraph (b) insert—

(ba)requires local authorities to produce—

(i)annual reports about the exercise of social services functions, and

(ii)reports about the stability of local markets for providing care and support,

(sections 144A and 144B);

(ii)after paragraph (c) insert—

(ca)provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B);

(iii)in paragraph (d), for “161).” substitute 160);

(da)allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C).”;;

(b)in subsection (15)(c), for “an establishment or agency (within the meaning of the Care Standards Act 2000)” substitute “ a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) ”.

31E+WSection 183 (publicising advocacy services in care homes) is repealed.

32E+WIn section 188(1) (definitions for the purposes of sections 185 to 187), in the definition of “youth detention accommodation”, for paragraph (a) substitute—

(a)a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);.

33E+WIn section 189 (provider failure: temporary duty on local authority)—

(a)for subsection (1) substitute—

(1)This section applies where a service provider becomes unable to provide a regulated service because of business failure.;

(b)in subsection (2), for the words from “registered” to “agency” where it second occurs substitute “ service provider became unable to provide the regulated service, being met in the authority's area by the service provider ”;

(c)in subsection (5)(a), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”;

(d)in subsection (9)—

(i)the definition of “registered person” is repealed;

(ii)before the definition of “relevant carer” insert—

regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

(iii)at the end insert—

service provider” (“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

34E+WIn section 190(1) (provider failure: exception to temporary duty), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”.

35E+WIn section 191 (provider failure: supplementary)—

(a)in subsection (6), for “registered person, or such other person involved in the establishment or agency's” substitute “service provider, or such other person involved in the service provider's”;

(b)in subsection (7), for “carry on or manage an establishment or agency” substitute “ provide a regulated service ”.

[F3636.E+WIn section 197(1) (definitions)—

(a)for the definition of “care home”, substitute—

  • “care home” (“cartref gofal”)—

    (a)

    has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and

    (b)

    means 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 adults;;

(b)for the definition of “children’s home”, substitute—

  • “children’s home” (“cartref plant”) means—

    (a)

    a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; and

    (b)

    means premises 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 children by a person registered under Part 1 of that Act;.]

PART 2 E+WSOCIAL CARE WALES

Mental Health Act 1983E+W

37E+WThe Mental Health Act 1983 (c.20) is amended as follows.

38E+WIn section 114A (approval of courses for mental health professionals: Wales)—

(a)in subsection (1), for “Care Council for Wales” substitute “ Social Care Wales ”;

(b)for subsection (2) substitute—

(2)For that purpose—

(a)subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and

(b)sections 73 to 75 and section 115 of that Act apply accordingly.”;

(c)in subsection (4), for the words from “for” to the end substitute “ for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”;

(d)in subsection (5), for “Care Council for Wales” substitute “ Social Care Wales ”.

39E+WIn section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties), for the words from “principal” to the end substitute “ social worker part or the visiting European [F37social worker] part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ”

Care Standards Act 2000E+W

40E+WThe Care Standards Act 2000 (c.14) is amended as follows.

41E+WThe following provisions are repealed—

(a)sections 56 (the register) to 66 (visitors for certain social work courses);

(b)sections 68 (appeals to the tribunal), 69 (publication etc. of register) and 71 (rules);

(c)section 113 (default powers of appropriate Minister);

(d)the entry for the Welsh Council in the table in section 121(13) (general interpretation etc.);

(e)Schedule 1 (the Welsh Council).

42E+WIn section 55 (interpretation)—

(a)for subsections [F38(4A),] (2), (3) and (4) substitute—

(2)Social care worker” means a person (other than a person excepted by regulations) who—

(a)engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “social worker”),

(b)is employed at a children's home in England, a care home in England or a residential family centre in England,

(c)manages a home or centre of a kind mentioned in paragraph (b),

(d)is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,

(e)manages an agency of the kind mentioned in paragraph (d), or

(f)is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3)Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a)a person engaged in work for the purposes of a local authority in England's social services functions;

(b)a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;

(c)a person engaged in the provision of personal care for any person in England;

(d)a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England;

(e)a person who manages an undertaking of the kind mentioned in paragraph (d);

(f)a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);

(g)a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

(i)section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),

(ii)section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or

(iii)section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);

(h)a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);

(i)a person who manages employees mentioned in paragraph (g) or (h);

(j)a person employed in a day centre in England;

(k)a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers., and

(b)omit subsections (6), (7) and (8).

43E+WIn section 67 (functions of the appropriate Minister)—

(a)in subsection (1), for “appropriate Minister” substitute “ Secretary of State ”,

(b)for subsection (2) substitute—

(2)The Secretary of State shall encourage persons to take part in—

(a)courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and

(b)other courses relevant to the training of persons who are or wish to become social care workers.;

(c)in subsection (3)—

(i)for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”, and

(ii)for “appropriate Minister” at the second place it appears substitute “ Secretary of State ”;

(d)in subsection (4)—

(i)for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”,

(ii)for “the Minister” substitute “ he or she ”, and

(iii)in paragraph (a), omit “and Wales,”;

(e)omit subsection (6);

(f)in subsection (7)—

(i)in paragraph (a), omit “or (6)(b)”,

(ii)in paragraph (b), for “appropriate Minister” substitute “ Secretary of State ”, and

(iii)in the words after paragraph (b), for “and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b)” substitute “ and in subsection (5)(b) ”;

(g)for the heading, substitute “ Functions of the Secretary of State ”.

44E+WIn Schedule 2A (persons subject to review by the Children's Commissioner for Wales), in paragraph 14, for “The Care Council for Wales” substitute “ Social Care Wales ”.

Adoption and Children Act 2002E+W

45E+WThe Adoption and Children Act 2002 (c.38) is amended as follows.

46E+WIn section 10(2) (management etc. of agencies), for “section 56(1) of the Care Standards Act 2000 (c. 14)” substitute “ section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”.

Public Audit (Wales) Act 2004E+W

47E+WThe Public Audit (Wales) Act 2004 (c.23) is amended as follows.

48E+WIn section 41 (studies for improving economy etc. in services), after subsection (6) insert—

(7)Subsection (8) applies in respect of the discharge of social services functions by local authorities in Wales.

(8)The Auditor General and the Social Care Wales must co-operate with each other with respect to the exercise of their respective functions under this section and section 70 of the Regulation and Inspection of Social Care (Wales) Act 2016 (studies by SCW as to economy etc.).

(9)In subsection (7) “social services functions” has the same meaning as in the Social Services and Well-being (Wales) Act 2014.

Public Services Ombudsman (Wales) Act 2005E+W

49E+WThe Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

50E+WIn Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commissioner for Older People (Wales) Act 2006E+W

51E+WThe Commissioner for Older People (Wales) Act 2006 (c.30) is amended as follows.

52E+WIn Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Safeguarding Vulnerable Groups Act 2006E+W

53E+WThe Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows.

54E+WIn section 41 (registers: power to refer information to the Disclosure and Barring Service), in entry number 8 in the table in subsection (7)—

(a)in column 1, for “under section 56 of the Care Standards Act 2000 (c. 14)” substitute “ under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”, and

(b)in column 2, for “The Care Council for Wales” substitute “ the registrar appointed under section 81 of that Act ”.

55E+WIn Part 3 of Schedule 3 (barred lists: supplementary provision)—

(a)in paragraph 16(4)(l), for “the Care Council for Wales” substitute “ Social Care Wales ”, and

(b)after paragraph 16(4) insert—

(4A)The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

56E+WIn Part 2 of Schedule 4 (regulated activity in relation to vulnerable adults)—

(a)at the beginning of paragraph 7(3C) insert “ In relation to a vulnerable adult in in England, ”, and

(b)after paragraph 7(3C) insert—

(3CA)In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.

Health and Social Care Act 2008E+W

57E+WThe Health and Social Care Act 2008 (c.14) is amended as follows.

58E+WThe following provisions are repealed—

(a)section 124 (regulation of social care workers);

(b)section 125 (standard of proof in proceedings relating to registration of social care workers);

(c)section 126 (education and training of approved mental health professionals);

(d)subsection (3)(b) (and the “or” immediately before it) of section 163 (orders and regulations: control by National Assembly for Wales);

(e)subsection (4)(za) of section 171 (the appropriate authority by whom commencement order is made);

(f)Schedule 9 (regulation of social care workers: Wales).

PART 3 E+WMISCELLANEOUS

Public Services Ombudsman (Wales) Act 2005E+W

59E+WIn section 33 of the Public Services Ombudsman (Wales) Act 2005 (c.10) (publicity for complaints procedures), after subsection (7) insert—

(8)This section applies to a care home provider (see section 34R), a domiciliary care provider (see section 34S) or an independent palliative care provider (see section 34T) as it applies to a listed authority.

(9)But in its application in accordance with subsection (8), the reference to “relevant services” in subsection (2)(a)(i) is to be read as a reference to the matters to which Part 2A applies (see section 34A).

Commencement Information

I50Sch. 3 para. 59 in force at 6.4.2016 by S.I. 2016/467, art. 2

Social Services and Well-being (Wales) Act 2014E+W

60E+WThe 2014 Act is amended as follows.

Commencement Information

I51Sch. 3 para. 60 in force at 6.4.2016 by S.I. 2016/467, art. 3

61E+WIn the Welsh text of section 21(3)(b) (duty to assess the needs of a child for care and support), for “, rhieni'r plentyn neu unrhyw berson arall a chanddo gyfrifoldeb rhiant dros y plentyn” substitute “ neu unrhyw berson a chanddo gyfrifoldeb rhiant dros y plentyn ”.

Commencement Information

I52Sch. 3 para. 61 in force at 6.4.2016 by S.I. 2016/467, art. 3

62E+WIn section 42 (duty to meet support needs of a child carer)—

(a)in subsection (4)(a)(i), for “41(5)” substitute “ 43(5) ”;

(b)in subsection (4)(a)(ii), for “41(1)” substitute “ 43(1) ”;

(c)in subsection (4)(b)(i), for “41(5)” substitute “ 43(5) ”;

(d)in subsection (4)(b)(ii), for “41(3)” substitute “ 43(3) ”;

(e)in subsection (4)(c)(i), for “41(10)” substitute “ 43(10) ”;

(f)in subsection (4)(c)(ii), for “41(3)” substitute “ 43(3) ”.

Commencement Information

I53Sch. 3 para. 62 in force at 6.4.2016 by S.I. 2016/467, art. 3

63E+WIn the Welsh text of section 46(3) (exception for persons subject to immigration control), for the words from “For” to “question” substitute “At ddibenion is-adran (1), mae adran 95(3) a (5) i (8) o Ddeddf 1999, a pharagraff 2 o Atodlen 8 iddi, yn gymwys ond mae'r cyfeiriadau yn adran 95(5) a (7) a'r paragraff hwnnw at yr Ysgrifennydd Gwladol i'w darllen fel cyfeiriadau at yr awdurdod lleol dan sylw”.

Commencement Information

I54Sch. 3 para. 63 in force at 6.4.2016 by S.I. 2016/467, art. 3

64E+WIn the Welsh text of section 147(3) (departure from requirements in codes), after “gategori” insert “ penodol ”.

Commencement Information

I55Sch. 3 para. 64 in force at 6.4.2016 by S.I. 2016/467, art. 3

65E+WIn section 197(1) (general interpretation), in the definition of “voluntary organisation”, for “private body” substitute “ local authority ”.

Commencement Information

I56Sch. 3 para. 65 in force at 6.4.2016 by S.I. 2016/467, art. 3