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

PART 2E+WExceptions

Care home servicesE+W

2.—(1) The following things are not to be treated as a care home service, despite paragraph 1 of Schedule 1 to the Act (regulated services: definitions, care home services)—

(a)the provision of accommodation, together with nursing or care, to an adult—

(i)in the course of a family or personal relationship, and

(ii)for no commercial consideration;

(b)the provision of accommodation, together with nursing or care, to adults for a period of less than 28 days in any 12 month period or for a number of periods which in total are less than 28 days in any 12 month period;

(c)the provision of accommodation, together with nursing, where the accommodation is vested—

(i)in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006;

(ii)in an NHS trust;

(iii)in a Local Health Board.

(d)the provision of accommodation, together with care, where the accommodation is provided—

(i)by an institution within the further education sector; or

(ii)by a university.

But this exception does not apply if the number of persons to whom such accommodation is provided is more than one tenth of the number of students to whom it provides both education and accommodation.

For the purposes of this paragraph, “further education sector” (“sector addysg bellach”) has the same meaning as in section 91(3) of the Further and Higher Education Act 1992 M1;

[F1(e)the provision of accommodation, together with care, where the care provided constitutes child minding within the meaning of section 19(2), or day care within the meaning of section 19(3) of the Children and Families (Wales) Measure 2010 but this exception does not apply if—

(i)in any 12 month period there are 28 or more periods of 24 hours during which more than 15 hours of child minding or day care are provided in relation to any one child; or

(ii)the care is provided wholly or mainly for disabled children;]

(f)the provision of accommodation, together with care, where the accommodation is provided for children aged 16 and over only for the purposes of enabling the children to undergo training or an apprenticeship.

But this exception does not apply if [F2care is provided wholly or mainly for disabled children];

(g)the provision of accommodation, together with care, where the accommodation is provided to children at an approved bail hostel or approved probation hostel;

(h)the provision of accommodation, together with care, where the accommodation is an institution for young offenders provided under or by virtue of section 43(1) of the Prison Act 1952 M2;

(i)the provision of accommodation, together with care, where the accommodation is provided to children F3... for the purposes of—

(i)a holiday;

(ii)a leisure, recreational, sporting, cultural or educational activity;

But this exception does not apply—

(i)in any case where [F4care is provided wholly or mainly for disabled children unless the service provider has first notified the Welsh Ministers of the arrangements in writing];

(ii)if the accommodation is provided to any one child for more than 28 days in any 12 month period, unless the accommodation is only provided to children over the age of 16 [F5;]

[F6(j)the provision of accommodation, together with care, to a single child or to a sibling group by a person in that person’s own home and where care and accommodation are not provided by that person for a total of more than 28 days in any 12 month period][F7;]

[F8(l)the provision of accommodation, together with nursing or care, to adults in a local authority intermediate care service.

But this exception does not apply unless—

(i)the local authority is solely responsible for providing the intermediate care, and

(ii)the intermediate care is provided for no more than sixteen weeks at a time to any one adult.]

F9(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of paragraph (1)(e), (f) and (i) of this regulation, a child is “disabled” if the child has a disability for the purposes of the Equality Act 2010.

(3) See regulation 5 for the meaning of family or personal relationship.

[F10(4) In subparagraph (1)(j) of this regulation, “sibling group” includes both brothers and sisters, and half-brothers and half-sisters.]

[F11(5) For the purposes of paragraph (1)(l) of this regulation—

“intermediate care” (“gofal canolraddol”) means the provision of accommodation, together with nursing or care, to an adult for a limited period for the purpose of promoting the adult’s ability to live independently in their own home by—

“local authority intermediate care service” (“gwasanaeth gofal canolraddol awdurdod lleol”) means a service providing intermediate care—

Domiciliary support servicesE+W

3.—(1) The following things are not to be treated as a domiciliary support service, despite paragraph 8 of Schedule 1 to the Act (regulated services: definitions, domiciliary support services)—

(a)the provision of support only;

(b)the provision of care and support to four or fewer individuals at any one time;

(c)the provision of care and support for an adult—

(i)in the course of a family or personal relationship, and

(ii)for no commercial consideration;

(d)the provision of care and support for a child by a parent, relative or foster parent;

(e)the provision of care and support by a carer where such care and support is provided without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973 M3), and where the carer works wholly under the direction and control of a related third party;

(f)arrangements for the supply of carers to a service provider by an undertaking acting as an employment agency or employment business for the purpose of the provision of a regulated service by the service provider;

(g)the provision of care and support where the care and support is provided by a person managing a prison or other similar custodial establishment[F12;]

[F13(h)the provision of nursing care by a registered nurse;

(i)the provision of care and support by a Local Health Board to meet needs which are related to the needs of individuals for nursing care][F14.]

F15(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15...

(2) In paragraph (1)(e) and (f), “carer” means an individual who provides care to a person referred to in paragraph 8(1) of Schedule 1 to the Act.

(3) In paragraph (1)(e), “related third party” means—

(a)an individual with parental responsibility (within the meaning of section 3 of the Children Act 1989 M4) for a child to whom care and support is to be provided;

(b)an individual with power of attorney or other lawful authority to make arrangements on behalf of the individual to whom care and support is to be provided;

(c)a group of individuals mentioned in either of sub-paragraphs (a) or (b) making arrangements on behalf of no more than four named individuals to whom care and support is to be provided;

(d)a trust established for the purpose of providing services to meet the care and support needs of a named individual.

(4) See regulation 5 for the meaning of family or personal relationship.

Residential family centre servicesE+W

4.  The following things are not to be treated as a residential family centre service, despite paragraph 3 of Schedule 1 to the Act (regulated services: definitions, residential family centre services)—

(a)the provision of accommodation for children and their parents where the accommodation is provided in a hospital M5;

(b)the provision of accommodation for children and their parents where the accommodation is provided in a hostel or a domestic violence refuge;

(c)in any other case, the provision of accommodation for children and their parents the main purpose of which is the provision of accommodation together with other services and facilities to adult individuals and the fact that those individuals may be parents, or may be accompanied by their children, is incidental to the main purpose of the provision of the accommodation.

Meaning of family or personal relationshipE+W

5.  For the purposes of this Part—

(a)a family relationship includes a relationship between two persons who—

(i)live in the same household, and

(ii)treat each other as though they were members of the same family;

(b)a personal relationship is a relationship between or among friends;

(c)a friend of a person (A) includes a person who is a friend of a member of A's family.