Regulated activity providersE+W

(ii)in relation to Wales, under [F1Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).]

(5)P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.

(6)Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.

(7)Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—

(a)a member of P's family;

(b)a friend of P.

(8)A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—

(a)to a position mentioned in [F2paragraph 1(9) or 7(9)] of Schedule 4,

(b)as a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to any position mentioned in [F4paragraph 7(3E)(a) or (b) of Schedule 4] or to exercise any function [F5exercisable by virtue of that position].

[F6(8CA)A person (S) who is authorised as mentioned in subsection (5)(a) of section 50 of the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (5)(b) or (6)(b) of that section.]

[F7(8C)The Secretary of State does not make arrangements for another to engage in a regulated activity by virtue of anything the Secretary of State does under section 12A or 12D, or regulations under section 12B, of the National Health Service Act 2006 (direct payments for health services).

F8(8D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F9(8E)[F10NHS England] or [F11an integrated care board] does not make arrangements for another to engage in a regulated activity by virtue of anything [F10NHS England] or [F12the integrated care board] does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).]

(9)For the purposes of subsection (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.

(10)If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Act must be taken to be a requirement on or liability of—

(a)the person responsible for the management and control of the association, or

(b)if there is more than one such person, all of them jointly and severally.

(11)“Family” and “friend” must be construed in accordance with section 58.

(12)The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.