| Guvnor

Enforced by: CIW, CQC
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 7 of 100 obligations carry an unlimited fine. 4 carry different penalties and 89 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person12 Operator3 Director or Officer1

Plus 84 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Operator — also bound by 746 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 112 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

REGULATION OF SOCIAL CARE SERVICES

30 of 70 sections shown

s.005 Requirement to register Imprisonment

Provide a regulated social care service without registrationAny Person

s.006 Application for registration as a service provider Regulated

s.007 Grant or refusal of registration as a service provider Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must decide on social care provider registration applicationsCrown / Minister / Government department

s.009 Fit and proper person: relevant considerations Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must assess 'fit and proper' status for social care rolesCrown / Minister / Government department

s.011 Application for variation of registration as a service provider Regulated

Apply to vary your social care service registrationOperator

s.014 Application for cancellation of registration as a service provider Regulated

Apply for cancellation of your service provider registrationOperator

s.016 Improvement notices Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must issue an improvement notice before changes to registrationCrown / Minister / Government department

s.017 Notice of decision following improvement notice Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must notify service providers of registration status decisionsCrown / Minister / Government department

s.018 Notice of proposal Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must provide a notice of proposal before taking adverse actionCrown / Minister / Government department

s.019 Notice of decision following notice of proposal Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must notify service providers of decisions on proposalsCrown / Minister / Government department

s.020 Notice of decision without notice of proposal Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must issue a notice of decision for agreed registrationsCrown / Minister / Government department

s.022 Cancellation of designation of a responsible individual Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must follow specific procedures to cancel a RI designationCrown / Minister / Government department

s.023 Urgent cancellation or variation of services or places Regulated

Other duties (1) — Crown / regulator

Welsh Ministers may apply for urgent cancellation of care servicesCrown / Minister / Government department

s.024 Urgent cancellation or variation: notification and appeals Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must notify service providers of urgent ordersCrown / Minister / Government department

s.029 Guidance about regulations under sections 27 and 28 Regulated

Consider published guidance when providing social care servicesOperator

s.033 Inspections , investigations and inspectors Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must publish a code of practice for inspectionsCrown / Minister / Government department

s.036 Inspection reports Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must provide and publish inspection reportsCrown / Minister / Government department

s.038 Register of service providers Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must maintain and publish a register of social care providersCrown / Minister / Government department

s.039 Notifying local authorities of certain action taken under this Part Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must notify local authorities of enforcement and changesCrown / Minister / Government department

s.040 Charging fees Regulated

Other duties (1) — Crown / regulator

Welsh Ministers may set and collect fees for social care registrationCrown / Minister / Government department

s.041 Engagement with the public Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must publish policies on public and carer involvementCrown / Minister / Government department

s.042 Annual report on regulatory functions Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must publish annual report on social care regulationCrown / Minister / Government department

s.043 Failure to comply with a condition Prosecution

Fail to comply with social care registration conditionsAny Person

Unlimited fine

s.044 False descriptions Imprisonment

Falsely describing a social care service or roleAny Person

s.045 Failure by service provider to comply with requirements in regulations Prosecution

Fail to comply with Welsh social care regulationsAny Person

Unlimited fine

s.047 False statements Imprisonment

Provide false or misleading information to care regulatorsAny Person

s.049 Failure to provide information Prosecution

Fail to provide information to Welsh MinistersAny Person

Unlimited fine

s.050 Offences related to inspections and investigations Prosecution

Obstructing or failing to cooperate with a social care inspectorAny Person

Unlimited fine

s.053 Offences by bodies corporate Imprisonment

Personal liability for directors and officers for corporate offencesDirector or Officer

s.056 Reports by local authorities and general duty of the Welsh Ministers Regulated

Other duties (1) — Crown / regulator

Local authorities must publish annual social services and market stability reportsLocal authority

40 other sections in this Part — procedural and definitional

s.001 Overview of Part 1

s.002 Meaning of “regulated service”

s.002 Meaning of “restricted children’s service”

s.003 Other key terms

s.004 General objectives

s.006 Registration in respect of a restricted children’s service

s.006 Registration in respect of a restricted children’s service: definitions

s.006 Registration in respect of a restricted children’s service: transitional arrangements

s.008 Duration of domiciliary support visits

s.009 Fit and proper person test: financial arrangements relating to restricted children’s services

s.009 Financial arrangements relating to restricted children’s services: supplementary provision

s.010 Annual return

s.012 Grant or refusal of application for variation

s.013 Variation without application

s.015 Cancellation without application

s.021 Responsible individuals

s.025 Urgent variation of registration: other conditions

s.026 Appeals

s.027 Regulations about regulated services

s.028 Regulations about responsible individuals

s.030 Regulations about service providers who are liquidated etc.

s.031 Regulations about service providers who have died

s.032 Power to require information

s.034 Powers of inspector to enter ... premises

s.035 Powers of inspector to interview and examine persons

s.037 Inspection ratings

s.046 Failure by responsible individual to comply with requirements in regulations

s.048 Failure to submit annual return

s.051 Penalties upon conviction

s.052 Penalty notices

s.054 Offences by unincorporated bodies

s.055 Proceedings for offences

s.057 Reviews, investigations and inspections

s.058 Regulation of local authority functions relating to looked after and accommodated children

s.059 Specifying criteria for application of market oversight regime

s.060 Determining whether criteria apply to service provider

s.061 Assessment of financial sustainability of service provider

s.062 Informing local authorities where failure of service provider likely

s.063 National market stability report

s.064 Interpretation of this Part

Part 2

OVERVIEW AND INTERPRETATION OF PARTS 3 TO 8

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.065 Overview of Parts 3 to 8

s.066 Interpretation of Parts 3 to 8

Part 3

SOCIAL CARE WALES

6 of 13 sections shown

s.068 SCW's objectives Regulated

Other duties (1) — Crown / regulator

Social Care Wales must protect the public and maintain care standardsStatutory regulator

s.071 Engagement with the public and social care workers Regulated

Other duties (1) — Crown / regulator

SCW must engage with the public and social care workersStatutory regulator

s.072 Statement of policy with respect to bringing criminal proceedings Regulated

Other duties (1) — Crown / regulator

SCW must publish its policy on bringing criminal proceedingsStatutory regulator

s.073 Rules: general Regulated

Other duties (1) — Crown / regulator

Social Care Wales must publish and maintain all regulatory rulesStatutory regulator

s.076 Guidance Regulated

Other duties (1) — Crown / regulator

SCW must follow guidance issued by Welsh MinistersStatutory regulator

s.077 Directions Regulated

Other duties (1) — Crown / regulator

SCW must follow directions issued by Welsh MinistersStatutory regulator

7 other sections in this Part — procedural and definitional

s.067 Social Care Wales

s.069 Advice and assistance in relation to care and support services

s.070 Studies as to economy, efficiency etc.

s.071 Provision of information – specified state professionals

s.074 Rules: fees

s.075 Consultation before making rules etc.

s.078 Default powers of the Welsh Ministers

Part 4

SOCIAL CARE WORKERS

27 of 40 sections shown

s.080 The register Regulated

Other duties (1) — Crown / regulator

SCW must maintain a register of social workers and social care workersStatutory regulator

s.081 Duty to appoint a registrar Regulated

Other duties (1) — Crown / regulator

SCW must appoint a registrar for social care workersStatutory regulator

s.082 Application for registration Regulated

Apply for social worker registrationAny Person

s.083 Registration Regulated

Other duties (1) — Crown / regulator

Social Care Wales must grant registration if requirements are metStatutory regulator

s.088 Rules about applications for registration or renewal Regulated

Other duties (1) — Crown / regulator

Social Care Wales must establish rules for registration and renewal applicationsStatutory regulator

s.089 Notice of decisions in respect of registration or renewal Regulated

Other duties (1) — Crown / regulator

Registrar must notify you of social care registration decisionsStatutory regulator

s.091 Content of the register Regulated

Other duties (1) — Crown / regulator

Social Care Wales must maintain a detailed register of social care workersStatutory regulator

s.092 Removal by agreement Regulated

Other duties (1) — Crown / regulator

SCW must establish rules for voluntary removal from the registerStatutory regulator

s.093 Death of a registered person Regulated

Other duties (1) — Crown / regulator

SCW must remove deceased persons from the registerStatutory regulator

s.094 Entries based on false or misleading information Regulated

Other duties (1) — Crown / regulator

Registrar must notify you if they remove a false or misleading entryStatutory regulator

s.095 Duty to restore a register entry Regulated

Other duties (1) — Crown / regulator

Registrar must restore register entries removed in errorStatutory regulator

s.096 Power to restore a register entry Regulated

Other duties (1) — Crown / regulator

Registrar must process and notify on applications to restore register entriesStatutory regulator

s.097 Restoration following fitness to practise proceedings Regulated

Other duties (1) — Crown / regulator

Registration appeals panel must determine restoration applicationsTribunal / Court

s.098 Restoration proceedings Regulated

Other duties (1) — Crown / regulator

Registration appeals panel must decide on restoration applicationsTribunal / Court

s.099 Review of suspension of right to apply for restoration Regulated

Other duties (1) — Crown / regulator

Registration appeals panel must review restoration suspension directionsTribunal / Court

s.100 Rules about applications under section 96 and 97 Regulated

Other duties (1) — Crown / regulator

Social Care Wales must establish rules for registration restoration and appealsStatutory regulator

amended 2 times (opens in a new tab)

s.101 Appeals against decisions of the registrar

amended 5 times (opens in a new tab)

s.102 Appeals to the registration appeals panel: procedure Regulated

Appeal social care registration decisions within 28 daysAny Person

amended 5 times (opens in a new tab)

s.103 Decisions on appeal to the registration appeals panel

amended 5 times (opens in a new tab)

s.104 Appeals against decisions of a registration appeals panel

amended 2 times (opens in a new tab)

s.105 Other appeals: decisions made under the General Systems Regulations

amended 17 times (opens in a new tab)

s.106 Duty to notify the registrar of changes to registration information Prosecution

Other duties (1) — Crown / regulator

Social Care Wales must set rules for updating registration infoStatutory regulator

Unlimited fine · amended 2 times (opens in a new tab)

s.107 Requests for information relating to fitness to practise

amended 2 times (opens in a new tab)

s.108 Publication etc. of the register Regulated

Other duties (1) — Crown / regulator

SCW must publish and provide copies of the social care registerStatutory regulator

amended 2 times (opens in a new tab)

s.109 Publication of certain registration appeal panel decisions Regulated

Other duties (1) — Crown / regulator

SCW must publish certain registration appeal decisionsStatutory regulator

amended 2 times (opens in a new tab)

s.110 List of persons removed from the register Regulated

Other duties (1) — Crown / regulator

SCW must maintain a public list of individuals removed from the registerStatutory regulator

amended 2 times (opens in a new tab)

s.111 Use of title “social worker” etc. Prosecution

Unlawfully using the title 'social worker' or 'social care worker'Any Person

Unlimited fine · amended 4 times (opens in a new tab)

13 other sections in this Part — procedural and definitional

s.079 Meaning of “social care worker” etc.

s.083 Temporary registration in emergencies involving loss of human life or human illness etc

s.084 “Appropriately qualified”

s.085 Qualifications gained outside Wales – social workers

s.085 Qualifications gained outside Wales – social care managers

s.085 Professional qualifications – specified state applicants

s.085 Specified state applicants: refusal to recognise professional qualifications

s.085 Specified state applicants: aptitude tests and adaptation periods

s.086 Renewal of registration

s.087 Lapse of registration

s.088 Applications for registration: specified state applicants – supplementary provisions

s.090 Visiting social workers from relevant European States

s.090 Visiting social care managers from relevant European States

Part 5

SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION

5 of 5 sections shown

s.112 Codes of practice Regulated

Other duties (1) — Crown / regulator

SCW must publish and maintain codes of practice for social careStatutory regulator

amended 2 times (opens in a new tab)

s.113 Continuing professional development

amended 8 times (opens in a new tab)

s.114 Approval of courses etc. Regulated

Other duties (1) — Crown / regulator

Social Care Wales must approve and list training coursesStatutory regulator

amended 2 times (opens in a new tab)

s.115 Inspections in connection with certain courses

amended 2 times (opens in a new tab)

s.116 Other functions of SCW in respect of education and training

amended 2 times (opens in a new tab)

Part 6

SOCIAL CARE WORKERS: FITNESS TO PRACTISE

48 of 48 sections shown

s.117 Fitness to practise

amended 4 times (opens in a new tab)

s.118 Referral of allegations etc. of impaired fitness to practise Regulated

Other duties (1) — Crown / regulator

SCW must refer fitness to practise allegations for considerationStatutory regulator

amended 2 times (opens in a new tab)

s.119 Preliminary consideration Regulated

Other duties (1) — Crown / regulator

SCW must perform preliminary review of fitness to practise allegationsStatutory regulator

amended 4 times (opens in a new tab)

s.120 Eligibility for onward referral

amended 4 times (opens in a new tab)

s.121 Direct referral to a fitness to practise panel Regulated

Other duties (1) — Crown / regulator

SCW must refer serious fitness to practise matters to a panelStatutory regulator

amended 2 times (opens in a new tab)

s.122 Notice: ineligibility for onward referral Regulated

Other duties (1) — Crown / regulator

SCW must notify relevant parties if a matter is not referred onwardStatutory regulator

amended 2 times (opens in a new tab)

s.123 Notice: onward referral Regulated

Other duties (1) — Crown / regulator

Social Care Wales must notify relevant parties of fitness to practise referralsStatutory regulator

amended 2 times (opens in a new tab)

s.124 Notice: referral to an interim orders panel Regulated

Other duties (1) — Crown / regulator

SCW must notify relevant parties of interim order panel referralsStatutory regulator

amended 2 times (opens in a new tab)

s.125 Duty to investigate Regulated

Other duties (1) — Crown / regulator

SCW must investigate fitness to practise concernsStatutory regulator

amended 4 times (opens in a new tab)

s.126 Powers following an investigation Regulated

Other duties (1) — Crown / regulator

SCW must decide on further action following a fitness to practise investigationStatutory regulator

amended 2 times (opens in a new tab)

s.127 Notice: referral or disposal Regulated

Other duties (1) — Crown / regulator

SCW must notify registered persons of fitness to practise referralsStatutory regulator

amended 2 times (opens in a new tab)

s.128 Warnings Regulated

Other duties (1) — Crown / regulator

SCW must notify you of intent to issue a warning and your right to a hearingStatutory regulator

amended 2 times (opens in a new tab)

s.129 Undertakings Regulated

Other duties (1) — Crown / regulator

Social Care Wales must create rules for voluntary undertakingsStatutory regulator

amended 2 times (opens in a new tab)

s.130 Mediation

amended 2 times (opens in a new tab)

s.131 Review of decisions by SCW Regulated

Other duties (1) — Crown / regulator

SCW must review fitness to practise decisions if potentially flawedStatutory regulator

amended 2 times (opens in a new tab)

s.132 Cancellation of referral to fitness to practise panel Regulated

Other duties (1) — Crown / regulator

SCW must notify of the cancellation of fitness to practise proceedingsStatutory regulator

amended 2 times (opens in a new tab)

s.133 Referral by SCW for review proceedings Regulated

Other duties (1) — Crown / regulator

SCW must refer breached professional undertakings for a fitness reviewStatutory regulator

amended 2 times (opens in a new tab)

s.134 Scope and interpretation of Chapter 3

amended 2 times (opens in a new tab)

s.135 Removal from register on consensual basis

amended 2 times (opens in a new tab)

s.136 Other consensual disposal by fitness to practise panel: undertakings

amended 2 times (opens in a new tab)

s.137 Disposals by fitness to practise panel: finding of no impairment

amended 2 times (opens in a new tab)

s.138 Disposals by fitness to practise panel: finding of impairment Regulated

Other duties (1) — Crown / regulator

Fitness to practise panel must decide on sanctions for impaired practitionersTribunal / Court

amended 2 times (opens in a new tab)

s.139 Disposals: further provision about conditional registration and suspension orders Regulated

Other duties (1) — Crown / regulator

Regulators must specify conditions and duration for care service ordersStatutory regulator

amended 2 times (opens in a new tab)

s.140 Immediate orders for conditional registration or suspension Regulated

Other duties (1) — Crown / regulator

SCW must notify registered persons of immediate suspension or conditionsStatutory regulator

amended 2 times (opens in a new tab)

s.141 Fitness to practise decisions: notification and taking effect Regulated

Other duties (1) — Crown / regulator

SCW must notify registered persons of fitness to practise decisionsStatutory regulator

amended 2 times (opens in a new tab)

s.142 Regulations about disposals by fitness to practise panels

amended 2 times (opens in a new tab)

s.143 Scope and interpretation of Chapter 4

amended 2 times (opens in a new tab)

s.144 Interim orders Regulated

Other duties (1) — Crown / regulator

SCW must issue interim suspension or condition orders to registered personsStatutory regulator

amended 3 times (opens in a new tab)

s.145 Appeals against interim orders

amended 2 times (opens in a new tab)

s.146 Reviews of interim orders: timing Regulated

Other duties (1) — Crown / regulator

Panel must review interim orders within statutory deadlinesStatutory regulator

amended 3 times (opens in a new tab)

s.147 Reviews of interim order: possible decisions

amended 7 times (opens in a new tab)

s.148 Extension of interim order by the tribunal

amended 2 times (opens in a new tab)

s.149 Revocation of interim orders Regulated

Other duties (1) — Crown / regulator

Panel must revoke interim orders upon final case disposalStatutory regulator

amended 3 times (opens in a new tab)

s.150 Review proceedings: interpretation and general

amended 2 times (opens in a new tab)

s.151 Review proceedings Regulated

Other duties (1) — Crown / regulator

Fitness to practise panels must review registered persons' fitness to practiseTribunal / Court

amended 2 times (opens in a new tab)

s.152 Review of undertakings: disposals by fitness to practise panel

amended 2 times (opens in a new tab)

s.153 Review of conditional registration orders: disposals by fitness to practise panel

amended 2 times (opens in a new tab)

s.154 Review of suspension orders: disposals by fitness to practise panel

amended 2 times (opens in a new tab)

s.155 Review of indefinite suspension orders Regulated

Other duties (1) — Crown / regulator

Fitness to practise panel must review indefinite suspension ordersTribunal / Court

amended 2 times (opens in a new tab)

s.156 Reviews: further provision about conditional registration and suspension orders Regulated

Other duties (1) — Crown / regulator

Regulators must specify conditions and timelines for registration ordersStatutory regulator

amended 2 times (opens in a new tab)

s.157 Decisions in review cases: notification and taking effect Regulated

Other duties (1) — Crown / regulator

Social Care Wales must notify you of fitness to practise review decisionsStatutory regulator

amended 2 times (opens in a new tab)

s.158 Appeals against decisions of a fitness to practise panel

amended 2 times (opens in a new tab)

s.159 Disclosure of information about fitness to practise

amended 2 times (opens in a new tab)

s.160 Power to require information

amended 3 times (opens in a new tab)

s.161 Publication of fitness to practise decisions Regulated

Other duties (1) — Crown / regulator

SCW must publish fitness to practise panel decisionsStatutory regulator

amended 3 times (opens in a new tab)

s.162 Guidance about fitness to practise Regulated

Other duties (1) — Crown / regulator

Social Care Wales must publish guidance on fitness to practise and panelsStatutory regulator

amended 2 times (opens in a new tab)

s.163 Suspension: supplementary

amended 3 times (opens in a new tab)

s.164 Meaning of “registered person” in Part 6

amended 6 times (opens in a new tab)

Part 7

ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS

9 of 9 sections shown

s.165 Designation of regulated activity

amended 2 times (opens in a new tab)

s.166 Conditions for making a prohibition order Regulated

Other duties (1) — Crown / regulator

Tribunals must follow specific conditions when making prohibition ordersTribunal / Court

amended 2 times (opens in a new tab)

s.167 Interim prohibition orders Regulated

Other duties (1) — Crown / regulator

Fitness to practise panels may issue urgent interim prohibition ordersTribunal / Court

amended 2 times (opens in a new tab)

s.168 Prohibition orders: supplementary provision

amended 2 times (opens in a new tab)

s.169 Interim prohibition orders: review Regulated

Other duties (1) — Crown / regulator

Panel must review interim prohibition orders on request or new evidenceStatutory regulator

amended 2 times (opens in a new tab)

s.170 Appeals Regulated

Other duties (1) — Crown / regulator

Tribunal must provide a right of appeal against prohibition ordersTribunal / Court

amended 2 times (opens in a new tab)

s.171 Offences Prosecution

Breach of a social care prohibition orderAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.172 List of prohibited persons Regulated

Other duties (1) — Crown / regulator

SCW must maintain a list of persons prohibited from social care workStatutory regulator

amended 2 times (opens in a new tab)

s.173 Standards of conduct Regulated

Other duties (1) — Crown / regulator

Social Care Wales must determine and publish conduct standardsStatutory regulator

amended 2 times (opens in a new tab)

Part 8

SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

2 of 2 sections shown

s.174 Duty to establish panels etc. Regulated

Other duties (1) — Crown / regulator

SCW must establish registration and fitness to practise panelsStatutory regulator

amended 4 times (opens in a new tab)

s.175 Proceedings before panels

amended 2 times (opens in a new tab)

Part 9

CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

7 of 7 sections shown

s.176 The regulatory bodies

amended 2 times (opens in a new tab)

s.177 Relevant authorities

amended 4 times (opens in a new tab)

s.178 Co-operation in the exercise of functions Regulated

Other duties (1) — Crown / regulator

CIW and CQC must cooperate on social care regulation functionsStatutory regulator

amended 2 times (opens in a new tab)

s.179 Joint exercise of functions

amended 2 times (opens in a new tab)

s.180 Delegating functions to another regulatory body Regulated

Other duties (1) — Crown / regulator

Regulators may delegate functions to one anotherStatutory regulator

amended 2 times (opens in a new tab)

s.181 Sharing information Regulated

Other duties (1) — Crown / regulator

Regulators must protect privacy when sharing informationStatutory regulator

amended 2 times (opens in a new tab)

s.182 Sharing information to protect well-being Regulated

Other duties (1) — Crown / regulator

Care regulators must share information to protect individuals in WalesStatutory regulator

amended 2 times (opens in a new tab)

Part 10

MISCELLANEOUS AND GENERAL

2 of 2 sections shown

s.183 Inquiries

amended 2 times (opens in a new tab)

s.184 Service of documents etc.

amended 3 times (opens in a new tab)

Part 11

FINAL PROVISIONS

6 of 6 sections shown

s.185 Minor and consequential amendments

amended 6 times (opens in a new tab)

s.186 Power to make consequential etc. provision

amended 4 times (opens in a new tab)

s.187 Regulations under this Act

amended 5 times (opens in a new tab)

s.188 Coming into force

amended 1 time (opens in a new tab)

s.189 General interpretation

amended 1 time (opens in a new tab)

s.190 Short title

amended 1 time (opens in a new tab)

Schedules

1 of 100 shown

s.sch002 SOCIAL CARE WALES Regulated

Other duties (1) — Crown / regulator

Social Care Wales must publish an annual report and accountsStatutory regulator

99 other schedules

s.sch001 REGULATED SERVICES: DEFINITIONS

s.sch001 (1) A “care home service” is the provision of accommodation,...

s.sch001 A “secure accommodation service” is the provision of accommodation for...

s.sch001 (1) A “residential family centre service” is the provision of...

s.sch001 An “adoption service” is a service provided in Wales by—...

s.sch001 A “fostering service” means any service provided in Wales by...

s.sch001 (1) An “adult placement service” means a service carried on...

s.sch001 (1) An “advocacy service” is a service specified for the...

s.sch001 (1) A “domiciliary support service” is the provision of care...

s.sch001 In this Schedule— “hospital” (“ysbyty”) means— a health service hospital...

s.sch001a RESTRICTED CHILDREN’S SERVICES: TRANSITIONAL REGISTRATION ARRANGEMENTS FOR EXISTING SERVICE PROVIDERS

s.sch001a Transitional period in respect of restricted children’s services

s.sch001a Existing service providers: exemption from section 6A(1)

s.sch001a Regulations about provision of restricted children’s services by existing service providers

s.sch001a Existing service providers: application for variation of registration

s.sch001a Interpretation

s.sch002 (1) SCW is not to be regarded as a servant...

s.sch002 (1) SCW is to regulate its own procedure (including quorum);...

s.sch002 (1) SCW may have a seal. (2) The application of...

s.sch002 A document purporting to be duly executed under the seal...

s.sch002 (1) SCW must appoint a chief executive.

s.sch002 The Welsh Ministers may make payments to SCW of such...

s.sch002 (1) The chief executive is to act as SCW's accounting...

s.sch002 (1) SCW must for each financial year—

s.sch002 (1) No later than 30 November after the end of...

s.sch002 (1) SCW is to consist of— (a) a member to...

s.sch002 (1) SCW may pay to its members such remuneration, expenses...

s.sch002 A person appointed as a member of SCW holds office...

s.sch002 (1) The chairing member may resign by giving written notice...

s.sch002 (1) The Welsh Ministers may by written notice dismiss the...

s.sch002 (1) SCW may establish committees. (2) Committees established under sub-paragraph...

s.sch002 (1) SCW may arrange for any of its functions to...

s.sch002 SCW may do anything which is calculated to facilitate, or...

s.sch003 MINOR AND CONSEQUENTIAL AMENDMENTS

s.sch003 The Care Standards Act 2000 (c.14) is amended as follows....

s.sch003 In section 23, after subsection (1) insert—

s.sch003 In section 30A— (a) in subsection (1), after “agency” insert...

s.sch003 Section 36A is repealed.

s.sch003 In section 42— (a) for subsection (2) substitute—

s.sch003 In section 43, after subsection (1) insert—

s.sch003 In section 50(1), for “registration authority” substitute “ CIECSS ”....

s.sch003 Section 79(3) is repealed.

s.sch003 The Health and Social Care (Community Health and Standards) Act...

s.sch003 Chapter 6 of Part 2 (social services: functions of the...

s.sch003 In section 142, in paragraph (a)— (a) in sub-paragraph (i),...

s.sch003 In section 1— (a) in subsection (1), at the end...

s.sch003 In section 143(2), paragraph (b) is repealed.

s.sch003 The Public Audit (Wales) Act 2004 (c.23) is amended as...

s.sch003 In section 41(6) (co-operation between the Auditor General for Wales...

s.sch003 In section 42(4) (co-operation between the Auditor General for Wales...

s.sch003 In section 30 of the Children Act 2004 (c.31) (inspection...

s.sch003 The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended...

s.sch003 In section 34R (meaning of “care home” and “care home...

s.sch003 In section 42(4A) (meaning of “former care home provider”), for...

s.sch003 In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable...

s.sch003 The 2014 Act is amended as follows.

s.sch003 In section 3— (a) in subsection (1), after “establishment” insert...

s.sch003 In section 1 (overview)— (a) in subsection (9)—

s.sch003 Section 183 (publicising advocacy services in care homes) is repealed....

s.sch003 In section 188(1) (definitions for the purposes of sections 185...

s.sch003 In section 189 (provider failure: temporary duty on local authority)—...

s.sch003 In section 190(1) (provider failure: exception to temporary duty), for...

s.sch003 In section 191 (provider failure: supplementary)— (a) in subsection (6),...

s.sch003 In section 197(1) (definitions)— (a) for the definition of “care...

s.sch003 The Mental Health Act 1983 (c.20) is amended as follows....

s.sch003 In section 114A (approval of courses for mental health professionals:...

s.sch003 In section 130H(7)(b) (independent mental health advocates for Wales: supplementary...

s.sch003 In section 4— (a) in subsection (2), after “establishment” insert...

s.sch003 The Care Standards Act 2000 (c.14) is amended as follows....

s.sch003 The following provisions are repealed— (a) sections 56 (the register)...

s.sch003 In section 55 (interpretation)— (a) for subsections (4A), (2), (3)...

s.sch003 In section 67 (functions of the appropriate Minister)—

s.sch003 In Schedule 2A (persons subject to review by the Children's...

s.sch003 The Adoption and Children Act 2002 (c.38) is amended as...

s.sch003 In section 10(2) (management etc. of agencies), for “section 56(1)...

s.sch003 The Public Audit (Wales) Act 2004 (c.23) is amended as...

s.sch003 In section 41 (studies for improving economy etc. in services),...

s.sch003 The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended...

s.sch003 In section 5— (a) in subsection (1)(b), for “in any...

s.sch003 In Schedule 3 (listed authorities), for “The Care Council for...

s.sch003 The Commissioner for Older People (Wales) Act 2006 (c.30) is...

s.sch003 In Schedule 2 (persons whose functions are subject to review...

s.sch003 The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as...

s.sch003 In section 41 (registers: power to refer information to the...

s.sch003 In Part 3 of Schedule 3 (barred lists: supplementary provision)—...

s.sch003 In Part 2 of Schedule 4 (regulated activity in relation...

s.sch003 The Health and Social Care Act 2008 (c.14) is amended...

s.sch003 The following provisions are repealed— (a) section 124 (regulation of...

s.sch003 In section 33 of the Public Services Ombudsman (Wales) Act...

s.sch003 In section 8(6)— (a) in paragraph (a), for “section 5(b)”...

s.sch003 The 2014 Act is amended as follows.

s.sch003 In the Welsh text of section 21(3)(b) (duty to assess...

s.sch003 In section 42 (duty to meet support needs of a...

s.sch003 In the Welsh text of section 46(3) (exception for persons...

s.sch003 In the Welsh text of section 147(3) (departure from requirements...

s.sch003 In section 197(1) (general interpretation), in the definition of “voluntary...

s.sch003 In section 14(2), after paragraph (f) insert—

s.sch003 In section 22— (a) in subsection (1), for paragraph (b)...

s.sch003 In section 22B— (a) in subsection (1), for “registration authority”...

Help complying

Guvnor’s practical routes through this instrument.

Start a social care provider business

End-to-end learning path for starting a social care business. Covers which regulator applies, CQC registration, registered manager requirements, workforce qualifications (Care Certificate, …

Respond to a CQC investigation or enforcement action

What to do if your healthcare or social care service faces CQC enforcement action. Covers understanding the type and severity of action, …

Starting a social care provider business

Step-by-step guide to starting a social care business — from choosing your regulator through workforce requirements to financial planning.

Registering a regulated service in Wales

End-to-end learning path for starting a regulated care service in Wales. Covers understanding Care Inspectorate Wales (CIW) and the Regulation and Inspection …

Responding to CIW enforcement action in Wales

What to do when Care Inspectorate Wales (CIW) takes enforcement action against your care service. Covers understanding the notice, immediate actions, responding …

Operating care services across UK national borders

A learning path for care service providers operating or planning to operate across more than one UK nation. Covers the separate inspectorate …

CIW inspection preparation checklist

Verification checklist for CIW inspection readiness. Covers Statement of Purpose, Responsible Individual duties, staff qualifications and Social Care Wales registration, care documentation, …

Devolved care inspectorates: quick comparison reference

Quick-lookup reference comparing the three devolved care inspectorates: Care Inspectorate (Scotland), CIW (Wales), and RQIA (Northern Ireland). Covers registration, fees, grading systems, …

Healthcare regulation across the UK nations

Comparison reference for healthcare regulation in England (CQC), Scotland (HIS and Care Inspectorate), Wales (HIW and CIW), and Northern Ireland (RQIA). Covers …

Meet RISCA 2016 compliance requirements for care services in Wales

How to meet the ongoing compliance requirements under the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services …

Operating care services across UK nations: cross-border registration and compliance

Comprehensive guide for care providers operating in more than one UK nation. Covers separate registration requirements with each devolved inspectorate, workforce portability, …

Register a care service with Care Inspectorate Wales (CIW)

Step-by-step guide to registering a regulated care service with Care Inspectorate Wales (CIW) under the Regulation and Inspection of Social Care (Wales) …

Register your care staff with Social Care Wales

How to ensure your care staff register with Social Care Wales, including mandatory registration categories, qualification requirements, the Code of Professional Practice, …

Respond to CIW enforcement action in Wales

What to do when Care Inspectorate Wales imposes conditions, issues improvement notices or restriction notices, or initiates cancellation of registration. Covers your …

4 more guides that reference this instrument

Understanding care regulation in Wales: CIW and RISCA 2016 Social care registration and regulators Social care workforce qualifications and staffing Healthcare and social care regulation (CQC)

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Regulation of Social Care (Wales) Act 2016 (Commencement No. 4) Order 2017 SI 2017 Welsh Statutory Instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

RISCWA 2016

Does it bind you?

Other Acts binding the same actors

What it requires

REGULATION OF SOCIAL CARE SERVICES

OVERVIEW AND INTERPRETATION OF PARTS 3 TO 8

SOCIAL CARE WALES

SOCIAL CARE WORKERS

SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION

SOCIAL CARE WORKERS: FITNESS TO PRACTISE

ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS

SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

MISCELLANEOUS AND GENERAL

FINAL PROVISIONS

Schedules

Help complying

Start a social care provider business

Respond to a CQC investigation or enforcement action

Starting a social care provider business

Registering a regulated service in Wales

Responding to CIW enforcement action in Wales

Operating care services across UK national borders

CIW inspection preparation checklist

Devolved care inspectorates: quick comparison reference

Healthcare regulation across the UK nations

Meet RISCA 2016 compliance requirements for care services in Wales

Operating care services across UK nations: cross-border registration and compliance

Register a care service with Care Inspectorate Wales (CIW)

Register your care staff with Social Care Wales

Respond to CIW enforcement action in Wales

Connected legislation