Regulation and Inspection of Social Care (Wales) Act 2016 / Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016
Regulation and Inspection of Social Care (Wales) Act 2016 / Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (2016 anaw 2)
- Regulation and Inspection of Social Care (Wales) Act 2016 / Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (2016 anaw 2)
- PART 1 REGULATION OF SOCIAL CARE SERVICES
- CHAPTER 1 INTRODUCTION
- 1 Overview of Part 1
- 2 Meaning of “regulated service”
- 2A Meaning of “restricted children’s service”
- 3 Other key terms
- 4 General objectives
- CHAPTER 2 REGISTRATION ETC. OF SERVICE PROVIDERS
- Requirement to register
- 5 Requirement to register
- Application for, variation of and cancellation of registration
- 6 Application for registration as a service provider
- 6A Registration in respect of a restricted children’s service
- 6B Registration in respect of a restricted children’s service: definitions
- 6C Registration in respect of a restricted children’s service: transitional arrangements
- 7 Grant or refusal of registration as a service provider
- 8 Duration of domiciliary support visits
- 9 Fit and proper person: relevant considerations
- 9A Fit and proper person test: financial arrangements relating to restricted children’s services
- 9B Financial arrangements relating to restricted children’s services: supplementary provision
- 10 Annual return
- 11 Application for variation of registration as a service provider
- 12 Grant or refusal of application for variation
- 13 Variation without application
- 14 Application for cancellation of registration as a service provider
- 15 Cancellation without application
- Notice requirements
- 16 Improvement notices
- 17 Notice of decision following improvement notice
- 18 Notice of proposal
- 19 Notice of decision following notice of proposal
- 20 Notice of decision without notice of proposal
- Responsible individuals
- 21 Responsible individuals
- 22 Cancellation of designation of a responsible individual
- Urgent action
- 23 Urgent cancellation or variation of services or places
- 24 Urgent cancellation or variation: notification and appeals
- 25 Urgent variation of registration: other conditions
- Appeals
- 26 Appeals
- Regulations and guidance
- 27 Regulations about regulated services
- 28 Regulations about responsible individuals
- 29 Guidance about regulations under sections 27 and 28
- 30 Regulations about service providers who are liquidated etc.
- 31 Regulations about service providers who have died
- CHAPTER 3 INFORMATION , INSPECTIONS AND INVESTIGATIONS
- 32 Power to require information
- 33 Inspections , investigations and inspectors
- 34 Powers of inspector to enter ... premises
- 35 Powers of inspector to interview and examine persons
- 36 Inspection reports
- 37 Inspection ratings
- CHAPTER 4 GENERAL FUNCTIONS
- 38 Register of service providers
- 39 Notifying local authorities of certain action taken under this Part
- 40 Charging fees
- 41 Engagement with the public
- 42 Annual report on regulatory functions
- CHAPTER 5 OFFENCES AND PENALTIES
- 43 Failure to comply with a condition
- 44 False descriptions
- 45 Failure by service provider to comply with requirements in regulations
- 46 Failure by responsible individual to comply with requirements in regulations
- 47 False statements
- 48 Failure to submit or publish annual return
- 49 Failure to provide information
- 50 Offences related to inspections and investigations
- 51 Penalties upon conviction
- 52 Penalty notices
- 53 Offences by bodies corporate
- 54 Offences by unincorporated bodies
- 55 Proceedings for offences
- CHAPTER 6 LOCAL AUTHORITY SOCIAL SERVICES
- 56 Reports by local authorities and general duty of the Welsh Ministers
- 57 Reviews, investigations and inspections
- 58 Regulation of local authority functions relating to looked after and accommodated children
- CHAPTER 7 MARKET OVERSIGHT
- 59 Specifying criteria for application of market oversight regime
- 60 Determining whether criteria apply to service provider
- 61 Assessment of financial sustainability of service provider
- 62 Informing local authorities where failure of service provider likely
- 63 National market stability report
- CHAPTER 8 INTERPRETATION
- 64 Interpretation of this Part
- PART 2 OVERVIEW AND INTERPRETATION OF PARTS 3 TO 8
- 65 Overview of Parts 3 to 8
- 66 Interpretation of Parts 3 to 8
- PART 3 SOCIAL CARE WALES
- Continuation of the Care Council for Wales and its renaming
- 67 Social Care Wales
- SCW's objectives
- 68 SCW's objectives
- Advice and assistance
- 69 Advice and assistance in relation to care and support services
- 70 Studies as to economy, efficiency etc.
- Engagement with the public etc.
- 71 Engagement with the public and social care workers
- 71A Provision of information – specified state professionals
- Policy with respect to bringing criminal proceedings
- 72 Statement of policy with respect to bringing criminal proceedings
- Rules made by SCW under this Act
- 73 Rules: general
- 74 Rules: fees
- Consultation before making rules etc.
- 75 Consultation before making rules etc.
- Guidance and directions
- 76 Guidance
- 77 Directions
- Default powers of the Welsh Ministers
- 78 Default powers of the Welsh Ministers
- PART 4 SOCIAL CARE WORKERS
- Meaning of “social care worker” etc.
- 79 Meaning of “social care worker” etc.
- The register
- 80 The register
- 81 Duty to appoint a registrar
- Registration in the social worker part or an added part of the register
- 82 Application for registration
- 83 Registration
- 83A Temporary registration in emergencies involving loss of human life or human illness etc
- “Appropriately qualified”
- 84 “Appropriately qualified”
- 85 Qualifications gained outside Wales – social workers
- 85A. Qualifications gained outside Wales – social care managers
- 85B Professional qualifications – specified state applicants
- 85C Specified state applicants: refusal to recognise professional qualifications
- 85D Specified state applicants: aptitude tests and adaptation periods
- Renewal of registration in the social worker part or an added part of the register
- 86 Renewal of registration
- 87 Lapse of registration
- Dealing with applications for registration or renewal
- 88 Rules about applications for registration or renewal
- 88A Applications for registration: specified state applicants – supplementary provisions
- 89 Notice of decisions in respect of registration or renewal
- Visiting social workers
- 90 Visiting social workers from relevant European States
- 90A. Visiting social care managers from relevant European States
- Information to be contained on the register
- 91 Content of the register
- Removal of entries from the register
- 92 Removal by agreement
- 93 Death of a registered person
- 94 Entries based on false or misleading information
- Restoring an entry to the register
- 95 Duty to restore a register entry
- 96 Power to restore a register entry
- 97 Restoration following fitness to practise proceedings
- 98 Restoration proceedings
- 99 Review of suspension of right to apply for restoration
- 100 Rules about applications under section 96 and 97
- Appeals to a registration appeals panel
- 101 Appeals against decisions of the registrar
- 102 Appeals to the registration appeals panel: procedure
- 103 Decisions on appeal to the registration appeals panel
- Appeals to the tribunal
- 104 Appeals against decisions of a registration appeals panel
- 105 Other appeals: decisions made under the General Systems Regulations
- Notifying the registrar of changes to information etc.
- 106 Duty to notify the registrar of changes to registration information
- 107 Requests for information relating to fitness to practise
- Duty to publish the register etc.
- 108 Publication etc. of the register
- 109 Publication of certain registration appeal panel decisions
- 110 List of persons removed from the register
- Protection of title “social worker” etc.
- 111 Use of title “social worker” etc.
- PART 5 SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION ETC.
- 112 Codes of practice
- 113 Continuing professional development
- 114 Approval of courses etc.
- 115 Inspections in connection with certain courses
- 116 Other functions of SCW in respect of education and training
- PART 6 SOCIAL CARE WORKERS: FITNESS TO PRACTISE
- CHAPTER 1 GROUNDS OF IMPAIRMENT
- 117 Fitness to practise
- CHAPTER 2 PRELIMINARY PROCEDURES
- Preliminary consideration of allegations etc.
- 118 Referral of allegations etc. of impaired fitness to practise
- 119 Preliminary consideration
- 120 Eligibility for onward referral
- 121 Direct referral to a fitness to practise panel
- 122 Notice: ineligibility for onward referral
- 123 Notice: onward referral
- 124 Notice: referral to an interim orders panel
- Investigation
- 125 Duty to investigate
- 126 Powers following an investigation
- 127 Notice: referral or disposal
- 128 Warnings
- 129 Undertakings
- 130 Mediation
- Review
- 131 Review of decisions by SCW
- 132 Cancellation of referral to fitness to practise panel
- 133 Referral by SCW for review proceedings
- CHAPTER 3 DISPOSAL OF FITNESS TO PRACTISE CASES
- 134 Scope and interpretation of Chapter 3
- 135 Removal from register on consensual basis
- 136 Other consensual disposal by fitness to practise panel: undertakings
- 137 Disposals by fitness to practise panel: finding of no impairment
- 138 Disposals by fitness to practise panel: finding of impairment
- 139 Disposals: further provision about conditional registration and suspension orders
- 140 Immediate orders for conditional registration or suspension
- 141 Fitness to practise decisions: notification and taking effect
- 142 Regulations about disposals by fitness to practise panels
- CHAPTER 4 INTERIM ORDERS AND REVIEW OF INTERIM ORDERS
- 143 Scope and interpretation of Chapter 4
- 144 Interim orders
- 145 Appeals against interim orders
- 146 Reviews of interim orders: timing
- 147 Reviews of interim order: possible decisions
- 148 Extension of interim order by the tribunal
- 149 Revocation of interim orders
- CHAPTER 5 REVIEW PROCEEDINGS
- 150 Review proceedings: interpretation and general
- 151 Review proceedings
- 152 Review of undertakings: disposals by fitness to practise panel
- 153 Review of conditional registration orders: disposals by fitness to practise panel
- 154 Review of suspension orders: disposals by fitness to practise panel
- 155 Review of indefinite suspension orders
- 156 Reviews: further provision about conditional registration and suspension orders
- 157 Decisions in review cases: notification and taking effect
- CHAPTER 6 APPEALS AND REFERRALS TO THE TRIBUNAL
- 158 Appeals against decisions of a fitness to practise panel
- CHAPTER 7 GENERAL AND SUPPLEMENTARY
- 159 Disclosure of information about fitness to practise
- 160 Power to require information
- 161 Publication of fitness to practise decisions
- 162 Guidance about fitness to practise
- 163 Suspension: supplementary
- 164 Meaning of “registered person” in Part 6
- PART 7 ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS
- 165 Designation of regulated activity
- 166 Conditions for making a prohibition order
- 167 Interim prohibition orders
- 168 Prohibition orders: supplementary provision
- 169 Interim prohibition orders: review
- 170 Appeals
- 171 Offences
- Supplementary provision
- 172 List of prohibited persons
- 173 Standards of conduct
- PART 8 SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.
- 174 Duty to establish panels etc.
- 175 Proceedings before panels
- PART 9 CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.
- 176 The regulatory bodies
- 177 Relevant authorities
- 178 Co-operation in the exercise of functions
- 179 Joint exercise of functions
- 180 Delegating functions to another regulatory body
- 181 Sharing information
- 182 Sharing information to protect well-being
- PART 10 MISCELLANEOUS AND GENERAL
- 183 Inquiries
- 184 Service of documents etc.
- PART 11 FINAL PROVISIONS
- 185 Minor and consequential amendments
- 186 Power to make consequential etc. provision
- 187 Regulations under this Act
- 188 Coming into force
- 189 General interpretation
- 190 Short title
- SCHEDULE 1 REGULATED SERVICES: DEFINITIONS
- Care home services
- Secure accommodation services
- Residential family centre services
- Adoption services
- Fostering services
- Adult placement services
- Advocacy services
- Domiciliary support services
- Interpretation
- SCHEDULE 1A RESTRICTED CHILDREN’S SERVICES: TRANSITIONAL REGISTRATION ARRANGEMENTS FOR EXISTING SERVICE PROVIDERS
- Transitional period in respect of restricted children’s services
- Existing service providers: exemption from section 6A(1)
- Regulations about provision of restricted children’s services by existing service providers
- Existing service providers: application for variation of registration
- Interpretation
- SCHEDULE 2 SOCIAL CARE WALES
- PART 1 STATUS
- Status
- PART 2 MEMBERSHIP
- Members
- Remuneration etc. of members
- Term of office
- Resignation
- Dismissal
- PART 3 GENERAL POWERS
- Committees
- Delegation
- Supplementary powers
- PART 4 PROCEEDINGS ETC.
- Procedure
- Application of seal
- Evidence
- PART 5 CHIEF EXECUTIVE AND OTHER STAFF
- Chief executive and other staff
- PART 6 FINANCIAL MATTERS AND ANNUAL REPORTS ETC.
- Payments by the Welsh Ministers
- Accounting officer
- Accounts and audit
- Annual reports etc.
- SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS
- PART 1 REGULATION OF SERVICES
- Care Standards Act 2000
- Health and Social Care (Community Health and Standards) Act 2003
- Public Audit (Wales) Act 2004
- Children Act 2004
- Public Services Ombudsman (Wales) Act 2005
- Safeguarding Vulnerable Groups Act 2006
- Social Services and Well-being (Wales) Act 2014
- PART 2 SOCIAL CARE WALES
- Mental Health Act 1983
- Care Standards Act 2000
- Adoption and Children Act 2002
- Public Audit (Wales) Act 2004
- Public Services Ombudsman (Wales) Act 2005
- Commissioner for Older People (Wales) Act 2006
- Safeguarding Vulnerable Groups Act 2006
- Health and Social Care Act 2008
- PART 3 MISCELLANEOUS
- Public Services Ombudsman (Wales) Act 2005
- Social Services and Well-being (Wales) Act 2014
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