The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019

Document Number:2019 No. 864 (W. 156) (C. 21)
 
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Welsh Statutory Instruments

Social Care, Wales

Made

10 April 2019

The Welsh Ministers, in exercise of the powers conferred by section 188(1) and (3) of the Regulation and Inspection of Social Care (Wales) Act 2016(1) , make the following Order.

Title and interpretation

  1. —(1) The title of this Order is the Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6 , Savings and Transitional Provisions) Order 2019.

    (2) In this Order—

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

    “the 2000 Act” (“Deddf 2000”) means the Care Standards Act 2000(2);

    “appointed day” (“diwrnod penodedig”) has the meaning given in article 2(4);

    “CSA provider” (“darparwr DSG”) means a person who, immediately before the appointed day, is registered with the Welsh Ministers under Part 2 of the 2000 Act as a person who carries on a relevant agency;

    “relevant agency” (“asiantaeth berthnasol”)—

    means an agency of one of the following descriptions—

    a voluntary adoption agency;

    an adoption support agency;

    a fostering agency, and

    includes, for the purposes of this Order, an adult placement scheme(3);

    “relevant service” (“gwasanaeth perthnasol”)—

    means a service of one of the following descriptions in respect of which a person is registered under Chapter 2 of Part 1 of the Act—

    a care home service;

    a secure accommodation service;

    a residential family centre service; or

    a domiciliary support service, and

    that person is also a CSA provider;

    “the Part 2 provisions” (“darpariaethau Rhan 2”) has the meaning given in article 7(4);

    “transition service” (“gwasanaeth trosiannol”) has the meaning given in article 3;

    “transition period” (“cyfnod trosiannol”) has the meaning given in article 4(2).

    (3) In this Order the terms, “voluntary adoption agency”, “adoption support agency”, and “fostering agency” have the meanings given in section 4 of the 2000 Act and the term “adult placement scheme” has the meaning given in regulation 2 of the Adult Placement Schemes (Wales) Regulations 2004(4).

    Appointed days for commencement of provision relating to regulated services

  2. —(1) 29 April 2019 is the appointed day for the coming into force of section 6 of the Act to the extent set out in paragraph (2).

    (2) Section 6 of the Act is commenced to the extent that it applies to a person who wants to provide one of the services specified in paragraphs (d) to (g) of section 2(1) of the Act.

    (3) 29 April 2019 is the appointed day for the coming into force of the following provisions of the Act—

    (a) paragraphs (1)(d) to (g) of section 2 , and paragraphs 4 to 7 and 9 of Schedule 1;

    (b) section 56(1) (reports by local authorities and general duty of the Welsh Ministers) in so far as it inserts section 144 C (general duty of the Welsh Ministers) into the 2014 Act(5);

    (c) section 57 (reviews, investigations and inspections) , and

    (d) section 185 and Part 1 of Schedule 3 (minor and consequential amendments) to the extent set out in the Schedule to this Order.

    (4) 29 April 2019 is referred to in this Order as “the appointed day”.

    Meaning of transition service

  3. —(1) Subject to paragraph (2) a “transition service” is—

    (a) a relevant agency in respect of which a person is registered under Part 2 of the 2000 Act immediately before the appointed day and—

    (i) in the case of a voluntary adoption agency or an adoption support agency, the area in which the agency provides adoption services is specified in an application made before the relevant date under section 6(6) or 11(1)(a)(i)(7) of the Act as a place in relation to which an adoption service is to be provided;

    (ii) in the case of a fostering agency, the area in which the agency provides fostering services is specified in an application made before the relevant date under section 6 or 11(1)(a)(i) of the Act as a place in relation to which a fostering service is to be provided;

    (iii) in the case of an adult placement scheme, the area in which the scheme provides services is specified in an application made before the relevant date under section 6 or 11(1)(a)(i) of the Act as a place in relation to which an adult placement service is to be provided.

    Transitional disapplication of section 5 of the Act

  4. —(1) Section 5 of the Act (requirement to register) does not apply to a CSA provider during the transition period.

    (2) Subject to paragraph (3) , the “transition period” for a CSA provider is the period beginning with the appointed day and ending on the earlier of—

    (a) the relevant date as specified in paragraph (4); or

    (b) the date on which an application to register or vary registration in respect of a transition service is finally determined.

    (3) Where an agency in respect of which a CSA provider is registered becomes a transition service because it is specified in an application to register under section 6 , or to vary under section 11(1)(a)(i) , the transition period referred to in paragraph (2) is extended to the date when the application is finally determined.

    (4) Subject to articles 5 and 6 , the relevant date is 31 August 2019.

    (5) Reference in this article to the time when an application under section 6 or 11(1)(a)(i) is finally determined includes—

    (a) the expiry of any time allowed for bringing an appeal under section 26(1) of the Act against a notice issued under section 19(4) of the Act;

    (b) the determination or abandonment of any appeal.

    Postponement of relevant date for relevant agency subject to cancellation process

  5. —(1) Where, on the relevant date specified in article 4(4) , a relevant agency is subject to a cancellation process the relevant date is postponed until the date 6 weeks after the date when the cancellation process is finally determined.

    (2) A relevant agency is subject to...

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