Legislation – Health and Social Care (Wales) Act 2025
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SCHEDULE 1SOCIAL CARE: MINOR AND CONSEQUENTIAL AMENDMENTS
PART 1PROVISION OF SOCIAL CARE SERVICES TO CHILDREN: MINOR AND CONSEQUENTIAL AMENDMENTS
Social Services and Well-being (Wales) Act 2014 (anaw 4)
1
(1)
The 2014 Act is amended as follows.
(2)
In section 82—
(a)
in subsection (1), for “section 81(6)(d)” substitute “section 81A(3)(d)”
;
(b)
in subsection (2), for “section 81(6)(d)” substitute “section 81A(3)(d)”
.
(3)
In section 89—
(a)
in the heading, for “section 81(6)(d)” substitute “section 81A(3)(d)”
;
(b)
in subsection (1), for “section 81(6)(d)” substitute “section 81A(3)(d)”
.
(4)
In section 92(2), for “section 81(11)” substitute “section 81C(2)”
.
(5)
In section 94A(1)(a), for “section 81” substitute “sections 81 to 81D”
.
(6)
In section 174(3)(e), for “section 81(11)” substitute “section 81C(2)”
.
(7)
In section 186(4)(c), for “section 81” substitute “sections 81 to 81D”
.
(8)
““for-profit provider” (“darparwr er elw”) has the meaning given by section 75A(4);”;
““private provider” (“darparwr preifat”) has the meaning given by section 75A(5);”.
Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)
2
(1)
The 2016 Act is amended as follows.
(2)
“(a)
in the case of variation—
(i)
under subsection (1), (3)(a) or (c) or (4)(a), or
(ii)
in accordance with paragraph 3(4)(a) of Schedule 1A,
the requirements of sections 18 and 19 are met;”.
(3)
“(a)
in the case of—
(i)
cancellation on the grounds set out in subsection (1)(a), (b), (ba) or (g), or
(ii)
cancellation in accordance with paragraph 3(4)(b) of Schedule 1A,
the requirements of sections 18 and 19 are met;”.
(4)
““children’s home service” (“gwasanaeth cartref plant”) has the meaning given by section 2A;”;
““restricted children’s service” (“gwasanaeth plant o dan gyfyngiad) has the meaning given by section 2A;”.
(5)
In section 187, in subsection (2)—
(a)
“(ca)
section 6A(3)(b) (regulations prescribing public goods to which a person’s objects or purposes must primarily relate);”;
(b)
“(x)
paragraphs 1(1)(b) and 3(1) of Schedule 1A (regulations in relation to transitional period for restricted children’s services).”
(6)
In Schedule 1—
(a)
in paragraph 1(1)—
(i)
for the words “at a place” substitute “,”
;
(ii)
after the words “in Wales” omit “,”;
(b)
“by a” to the end substitute “does not constitute a care home service if the accommodation and care is provided by—
(a)
a person, other than a local authority, who has parental responsibility for the child;
(b)
a relative of the child;
(c)
a foster parent in relation to the child (but see also paragraph 5A(3) of Schedule 7 to the Children Act 1989 (c. 41).”;
(c)
“(6)
In sub-paragraph (4), “parental responsibility has the meaning given by section 3 of the Children Act 1989 (c. 41).”