SCHEDULE 1
Regulation 2
Amendments consequential upon the commencement of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016
1. Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 19752is amended as follows.
(2) In article 2(1)—
(a)
(a) in the appropriate place insert—
““the 2016 Act” means the Regulation and Inspection of Social Care (Wales) Act 2016;”;
(b)
(b) for the definition of “adoption service” substitute—
““adoption service”—
(a) in relation to England, means the discharge by a local authority in England of relevant adoption functions within the meaning of section 43(3)(a) of the Care Standards Act 20003, and
(b) in relation to Wales, means the discharge by a local authority in Wales of functions under the Adoption and Children Act 20024of making or participating in arrangements for the adoption of children or the provision of adoption support services as defined in section 2(6) of that Act;”;
(c)
(c) in the definition of “children’s home”, for paragraph (b) substitute—
“(b)
“(b) in relation to Wales, means premises at which—
(i) a care home service is provided wholly or mainly to persons under the age of 18, 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 2016 Act ;”;
(d)
(d) for the definition of “fostering agency” substitute—
““fostering agency”—
(a) in relation to England, has the meaning given by section 4(4) of the Care Standards Act 2000, and
(b) in relation to Wales, means a provider of a fostering service within the meaning of paragraph 5 of Schedule 1 to the 2016 Act;”;
(e)
(e) for the definition of “fostering service” substitute—
““fostering service” means—
(a) in relation to England, the discharge by a local authority in England of relevant fostering functions within the meaning of section 43(3)(b)(i) of the Care Standards Act 2000, and
(b) in relation to Wales, the discharge by a local authority in Wales of functions under section 81 of the Social Services and Well-being (Wales) Act 20145(in connection with placements with local authority foster parents) or regulations made under or by virtue of any of sections 87, 92(1)(a), (b), (d) or 93 of that Act;”;
(f)
(f) for the definition of “voluntary adoption agency” substitute—
““voluntary adoption agency”—
(a) in relation to England, has the meaning given by section 4(7) of the Care Standards Act 2000, and
(b) in relation to Wales, means a provider of an adoption service within the meaning of paragraph 4(a) of Schedule 1 to the 2016 Act;”.
(3) In article 4(1), after sub-paragraph (ja) insert —
“(jb)
“(jb) any decision by the Welsh Ministers—
(i)
(i) to refuse an application for registration under section 7 of the 2016 Act,
(ii)
(ii) to refuse (under section 12 of the 2016 Act) an application made by a person under section 11(1)(a)(i) or (ii) of the 2016 Act to vary their registration,
(iii)
(iii) to cancel a person’s registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act,
(iv)
(iv) to vary a person’s registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act;”.
2. Adoption Agencies Regulations 1983
(1) The Adoption Agencies Regulations 19836are amended as follows.
(2) In regulation 1(3) (citation, commencement, extent and interpretation), for the definition of “registration authority” substitute—
““registration authority”—
(a) in relation to England, has the same meaning as in section 5 of the 2000 Act, and
(b) in relation to Wales, means the Welsh Ministers;”.
3. Disqualification from Caring for Children (England) Regulations 2002
(1) The Disqualification from Caring for Children (England) Regulations 20027are amended as follows.
(2) In regulation 2(7A) (grounds for disqualification)—
(a)
(a) for the opening words substitute—
“In relation to the registration of a care home service, which is provided wholly or mainly for children, or a secure accommodation service (each have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”))—”;
(b)
(b) in paragraph (d), after “children” insert “, or a secure accommodation service,”.
(3) In the Schedule (specified offences), in paragraph 1(3), after “children” insert “or a secure accommodation service”.
4. Registration of Social Care and Independent Health Care (Wales) Regulations 2002
(1) The Registration of Social Care and Independent Health Care (Wales) Regulations 20028are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(i) in the definition of “the Act”, omit the words from “or” to the end;
(ii) in the definition of “appropriate office of the National Assembly”, omit paragraphs (e), (f), (i) and (j);
(iii) in the definition of “statement of purpose”, omit paragraphs (e), (f), (g), (j) and (k);
(iv) omit the following definitions—
(aa) “the 1976 Act”;
(bb) “adoption service”;
(cc) “Adoption Support Agency”;
(dd) “adult placement scheme”;
(ee) “fostering service”;
(ff) “local authority fostering service”;
(gg) “voluntary adoption service”;
(b)
(b) in paragraph (3), omit sub-paragraph (d).
(3) In regulation 9 (contents of certificate), in paragraph (e), for the words from “section 4(8)(a)(iii)” to the end substitute “section 4(8)(a)(iii), (iv) and (v) or 9(a)(i) of the Act”.
(4) In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment or agency), in Part 2 (information about the establishment)—
(a)
(a) for paragraph 5 substitute—
“5. The description of the establishment or agency specified in section 4(8)(a)(iii), (iv) or (v) or (9)(a)(i) of the Act.”;
(b)
(b) in paragraph 13, for the words from “section 4(8)(a)(iii)” to “the Act” substitute “section 4(8)(a)(iii), (iv) and (v) or (9)(a)(i) of the Act”.
5. Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003
(1) The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 20039are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a)
(a) in the definition of “adoption support services”, for the words from “of that Act” to the end substitute “of that Act by the Secretary of State;”;
(b)
(b) for the definition of “registration authority” substitute—
““registration authority” means the Chief Inspector;”.
(3) In regulation 3(2) (statement of purpose), omit the words from “and” in the second place it occurs to the end.
(4) In regulation 4 (review of statement of purpose), for paragraph (b) substitute—
“(b)
“(b) notify the registration authority,”.
(5) For regulation 24G(3) (records with respect to services) substitute—
“3 In this regulation “adoptive child” has the same meaning as in the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005.”
6. Disqualification from Caring for Children (Wales) Regulations 2004
(1) The Disqualification from Caring for Children (Wales) Regulations 200410are amended as follows.
(2) In the Schedule—
(a)
(a) in paragraph 4A, after “age of 18” insert “or a secure accommodation service”;
(b)
(b) in paragraph 25A—
(i) for the opening words substitute—
“In relation to the registration of a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”))—”;
(ii) in sub-paragraph (d), after “age of 18” insert “, or a secure accommodation service,”.
7. Adoption Support Services Regulations 2005
(1) The Adoption Support Services Regulations 200511are amended as follows.
(2) In regulation 5 (arrangements for securing the provision of services), for paragraph (2) substitute—
“2 In paragraph (1) “registered adoption support agency” means an adoption support agency which is—
(a) in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or
(b) registered as a provider in Wales of an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.”
8. Disclosure of Adoption Information (Post-commencement Adoptions) Regulations 2005
(1) The Disclosure of Adoption Information (Post-commencement Adoptions) Regulations 200512are amended as follows.
(2) In regulation 2 (interpretation), for the definition of “registered adoption support agency” substitute—
““registered adoption support agency” means an adoption support agency which is—
(a) in relation to England, an adoption...
