Legislation – Health and Social Care (Wales) Act 2025

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Introduction

PART 1
SOCIAL CARE

CHAPTER 1 PROVISION OF SOCIAL CARE SERVICES TO CHILDREN: RESTRICTIONS ON PROFIT

Overview of Chapter

1 Overview of Chapter 1

Regulation of social care services provided to children

2 Restricted children’s services

3 Applications for registration in respect of restricted children’s services

4 Registration in respect of a restricted children’s service: transitional arrangements

5 Grant or refusal of registration in respect of a restricted children’s service

6 Fit and proper person: relevant considerations

7 Providers of restricted children’s services: information contained in annual return

8 Variation or cancellation of registration as a provider of a restricted children’s service

9 Restricted children’s services: information contained in the register of service providers

Local authority functions in respect of accommodation for looked after children

10 Local authority duty to secure sufficient accommodation

11 Duty to prepare and publish an annual sufficiency plan

12 Duty to secure accommodation: reporting

13 Ways in which looked after children are to be accommodated

CHAPTER 2 MISCELLANEOUS AMENDMENTS IN RELATION TO SOCIAL CARE SERVICES, SOCIAL CARE WORKERS AND LOCAL AUTHORITY SOCIAL CARE FUNCTIONS

Regulation of social care services: registration etc. of social care services providers

14 Duty to submit and publish annual return

15 Application for cancellation of service provider’s registration: information to be provided

16 Cancellation and variation of service provider’s registration without application: notice procedures

Regulation of social care services: information, inspections and investigations

17 Information, inspection and investigations

Social care workers: registration and fitness to practise

18 Meaning of social care worker: childcare workers

19 Fitness to practise cases: powers to extend interim orders

Local authority social services functions

20 Direct payments in social care

21 Accommodation of children

Minor and consequential amendments

22 Social care: minor and consequential amendments

PART 2
HEALTH CARE

23 Overview of Part 2

24 Direct payments for health care

25 Direct payments for health care: minor and consequential amendments

26 Provision of health services by local authorities

PART 3
GENERAL

27 General interpretation

28 Consequential and transitional provision etc.

29 Coming into force

30 Short title

SCHEDULES

SCHEDULE 1 SOCIAL CARE: MINOR AND CONSEQUENTIAL AMENDMENTS

SCHEDULE 2 DIRECT PAYMENTS FOR HEALTH CARE: MINOR AND CONSEQUENTIAL AMENDMENTS

Changes to legislation:

There are currently no known outstanding effects for the Health and Social Care (Wales) Act 2025, Section 10. Help about Changes to Legislation

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PART 1SOCIAL CARE

CHAPTER 1PROVISION OF SOCIAL CARE SERVICES TO CHILDREN: RESTRICTIONS ON PROFIT

Local authority functions in respect of accommodation for looked after children

10Local authority duty to secure sufficient accommodation

(1)

The 2014 Act is amended as follows.

(2)

Section 75 is amended as is set out in subsections (3) to (6).

(3)

In subsection (1)—

(a)

for “steps that secure, so far as reasonably practicable,” substitute “all reasonable steps to secure”;

(b)

in paragraph (a)—

(i)

after “within” insert “, or is near to,”;

(ii)

at the end, omit “and”;

(c)

after paragraph (a) insert—

“(aa)

in the case of accommodation with a local authority foster parent, is accommodation with a foster parent who is authorised as such by a person described in section 81A(4)(a),

(ab)

in the case of accommodation in a children’s home, is accommodation in a children’s home in respect of which a person described in section 81A(4)(b) is registered, and”.

(4)

In subsection (2), in paragraph (c), for “in” substitute “within, or is near to,”.

(5)

In subsection (3), for the words from “having” to the end substitute “there being a range of accommodation that—

“(a)

is within, or is near to, the authority’s area, and

(b)

is capable of meeting the differing needs of the children mentioned in subsection (2).”

(6)

In subsection (4), for the words from “accommodation providers” to the end substitute “and in section 75A, “children’s home” means a place in Wales‍ at which a children’s home service (within the meaning of section 2A(2) of the Regulation and Inspection of Social Care (Wales) Act 2016) is provided.”.

(7)

In section 197(1), in the definition of “children’s home”, in paragraph (b), at the beginning insert “except in sections 75 and 75A,”.

Annotations:
Commencement Information

I1S. 10 not in force at Royal Assent, see s. 29(2)