The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019

Document Number:2019 No. 772 (W. 146)
Coming into force:Coming into force on the 29/04/2019
 
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Welsh Statutory Instruments

Social Care, England And Wales

Made

29 March 2019

Coming into force

29 April 2019

The Welsh Ministers, in exercise of the power conferred by section 186 of the Regulation and Inspection of Social Care (Wales) Act 2016(1) , make the following Regulations:

A draft of these Regulations was laid before the National Assembly for Wales under section 186(4) of the Regulation and Inspection of Social Care (Wales) Act 2016 and has been approved by a resolution of the National Assembly for Wales.

Title and commencement

  1. —(1) The title of these Regulations is the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019.

    (2) These Regulations come into force on 29 April 2019.

    Children Act 1989 (c. 41)

  2. The Children Act 1989 is amended as follows.

  3. In section 62(6)(c)(2) , after “Health and Social Care Act 2008” insert “, or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)”.

  4. In section 80(3)—

    (a) in the following provisions for “Secretary of State” in each place that it occurs, substitute “Appropriate National Authority”—

    (i) subsection (1);

    (ii) subsection (2);

    (iii) subsection (4);

    (iv) subsection (7);

    (v) subsection (11);

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

    (c) in subsection (1)(j) , after “home” insert “in England”;

    (d) in subsection (4) , for “him” in both places it occurs substitute “it”;

    (e) in subsection (4)(c) , for “his” substitute “its”;

    (f) in subsection (5)(c) , after “home” insert “in England”;

    (g) after subsection (11) insert—

    “(11 A) But subsections (1) , (4) and (6) do not apply if—

    (a) the Appropriate National Authority is the Welsh Ministers; and

    (b) the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)).”;

    (h) after subsection (13) insert—

    “(14) In this section “Appropriate National Authority” means—

    (a) in relation to England, the Secretary of State; and

    (b) in relation to Wales, the Welsh Ministers.”;

    (i) in the heading, for “Secretary of State” substitute “the Appropriate National Authority”.

  5. In section 105(1)(4) , in the definition of “children’s home”, for paragraph (b) substitute—

    “(b) means a place in Wales at which—

    (i) a care home service is provided wholly or mainly to children, or

    (ii) a secure accommodation service is provided,

    and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);”.

    Water Industry Act 1991 (c. 56)

  6. In Schedule 4 A(5) to the Water Industry Act 1991 , after paragraph 9 insert—

    “9 A. Premises in Wales at which a secure accommodation service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 , is provided.”

    Taxation of Chargeable Gains Act 1992 (c. 12)

  7. —(1) Section 225 D(6) of the Taxation of Chargeable Gains Act 1992 is amended as follows.

    (2) In subsection (1)—

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

    (b) after paragraph (a) insert—

    “(aa) in Wales, pursuant to arrangements which constitute or form part of an adult placement service,”.

    (3) In subsection (4) , for the definition of “adult placement service”(7) substitute—

    ““adult placement service”—

    in relation to Scotland, has the meaning given by paragraph 11 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 , and

    in relation to Wales, has the meaning given by paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).”

    Care Standards Act 2000 (c. 14)

  8. The Care Standards Act 2000 is amended as follows.

  9. In section 22—

    (a) in subsection (1)(b)(ii)(8) , for “, (7)” to the end substitute “or (7) in so far as relevant to those establishments and agencies.”;

    (b) in subsection (2)(e)(9) , omit “or section 81 of the Social Services and Well-being (Wales) Act 2014”;

    (c) in subsection (7)(10) , omit paragraph (m);

    (d) in subsection (8)(b)(11) , omit the words from “and section 119” to “restricting liberty)” in the first place they occur.

  10. In section 30 ZA(3)(12)—

    (a) omit “, or” immediately following paragraph (a);

    (b) omit paragraph (b).

  11. In section 30 A(2)(13)—

    (a) omit “, or” immediately following paragraph (c);

    (b) omit paragraph (d).

  12. In section 43(3)(14) , omit paragraph (b)(ii).

  13. In section 78(15)—

    (a) in subsection (2) , after paragraph (a) insert—

    “(aa) regulated services within the meaning of section 2 of the 2016 Act;”;

    (b)...

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