The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017

Title, commencement, application and interpretationE+W

1.—(1) The title of these Regulations is the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.

(2) These Regulations come into force on 2 April 2018 and apply in relation to Wales.

(3) In these Regulations—

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

“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014 M1;

“care and support plan” (“cynllun gofal a chymorth”) means a plan under section 54 or section 83 of the 2014 Act;

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“child” (“plentyn”) means a person who is aged under 18;

“child who is looked after by a local authority” (“plentyn sy'n derbyn gofal gan awdurdod lleol”) has the same meaning as in section 74 of the 2014 Act;

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner M2 who—

“health care professional” (“proffesiynolyn gofal iechyd”) means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999 M4 applies;

[F2“nurse” (“nyrs”) means a qualified nurse or qualified midwife registered with the Nursing and Midwifery Council in accordance with article 5 of the Nursing and Midwifery Order 2001;]

“personal outcomes” (“canlyniadau personol”)—

“personal plan” (“cynllun personol”) means the plan required to be prepared in accordance with regulation 15(1);

“placing authority” (“awdurdod lleoli”) in relation to a child provided with accommodation as part of a care home service or a secure accommodation service, means—

and for the purposes of this definition “qualifying school” (“ysgol gymhwysol”) means a school which is a care home service by virtue of the application of paragraph 1(3) of Schedule 1 to the Act;

“provider assessment” (“asesiad darparwr”) means the assessment which is required to be carried out by the service provider under regulation 18;

“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 2010 M6;

“registered dental practitioner” (“ymarferydd deintyddol cofrestredig”) means a person registered in the dentists register kept under the Dentists Act 1984 M7 who—

[F2“registered professional” (“proffesiynolyn cofrestredig”) has the meaning given in paragraph 1 of Schedule 3 to the Health Professions Order 2001;]

[F3“regulated services” (“gwasanaethau rheoleiddiedig”) means care home services, domiciliary support services, secure accommodation services or residential family centre services;]

“representative” (“cynrychiolydd”) means any person having legal authority, or the consent of the individual to act on the individual's behalf;

“service commissioner” (“comisiynydd y gwasanaeth”) means the local authority or NHS body which is responsible for making arrangements with the provider for care and support to be provided to an individual;

“service provider” (“darparwr gwasanaeth”) has the same meaning as in section 3(1)(c) of the Act;

“staff” (“staff”) includes—

but does not include persons who are allowed to work as volunteers.

For the purpose of this definition, “employee” (“cyflogai”) and “worker” (“gweithiwr”) have the same meanings as in section 230 of the Employment Rights Act 1996 M8;

“the individual” (“yr unigolyn”) means, unless the context indicates otherwise, the child or adult who is receiving care and support;

“the responsible individual” (“yr unigolyn cyfrifol”) has the same meaning as in section 21(1) of the Act;

“the service” (“y gwasanaeth”) means—

For the purpose of this definition—

But this definition does not apply to references to “the service” (“y gwasanaeth”) in Part 22;

“the service regulator” (“y rheoleiddiwr gwasanaethau”) means the Welsh Ministers in the exercise of their regulatory functions M10;

“the statement of purpose” (“y datganiad o ddiben”) means the statement of purpose for the place at, from or in relation to which the service is provided M11;

“the workforce regulator” (“rheoleiddiwr y gweithlu”) means Social Care Wales.