What this covers
Why you need it
The National Assembly for Wales created it. The power to require it comes from RISCWA 2016.
What the Act carries
What our graph holds for RISCWA 2016 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 16
- Penalties
- 15
- Exemptions
- 16
Duties on businesses under the Act
- Provide a regulated social care service without registration s.5
- Register as a social care service provider in Wales s.6
- Apply to vary your social care service registration s.11
- Apply for cancellation of your service provider registration s.14
- Consider published guidance when providing social care services s.29
- Fail to comply with social care registration conditions s.43
… and 10 more business duties in the same Act.
What happens if you get it wrong
- Falsely describing a social care service or role 2 years imprisonment
- Personal liability for directors and officers for corporate offences 2 years imprisonment
- Breach social care regulations or provide false information 2 years imprisonment
- Provide a regulated social care service without registration 2 years imprisonment
- Provide false or misleading information to care regulators 2 years imprisonment
… and 10 more penalties in the same Act.
Exemptions that may take you outside it
- Activities specifically excluded from being 'regulated services' — Services or activities specifically prescribed by regulations as not being treated as regulated services or care and support
- Emergency temporary social workers exempt from standard registration rules — During a declared emergency involving loss of human life or human illness as advised by Welsh Ministers
- Exemption from public consultation for minor social care rule changes — The proposed rules, code, or guidance make consultation inappropriate or disproportionate, and Welsh Ministers agree to bypass the process
- Exemptions from the 30-minute minimum for home care visits — The visit is for a wellbeing check, all tasks are completed early, or the client requests a shorter visit
- Existing care providers exempt from new restricted service requirements — Registered provider of children's home, fostering, or secure accommodation services at the start of the transitional period
… and 11 more exemptions in the same Act.
Read our full dossier on RISCWA 2016
Who issues it
This one does not go to your council. It is issued by Welsh Government.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.