PART 1SOCIAL CARE

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

Regulation of social care services: information, inspections and investigations

17Information, inspection and investigations

(1)This section amends Chapter 3 of the 2016 Act to make further provision in relation to the Welsh Ministers’ powers to carry out inspections and to require information to be provided, including in respect of investigating offences‍.

(2)In section 32 of the 2016 Act—

(a)in subsection (1)—

(i)for “The Welsh Ministers may require a relevant person to provide them with any” substitute “Subsections (1A) and (1B) apply where the Welsh Ministers consider that a relevant person may have”;

(ii)after “think” insert “it”;

(b)after subsection (1) insert—

“(1A)Where this subsection applies, the Welsh Ministers may give a notice to a relevant person requiring that person—

(a)to produce any documents which—

(i)are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and

(ii)are in the person’s custody or under the person’s control, and

(b)to produce the documents in a manner specified in the notice.

(1B)Where this subsection applies, the Welsh Ministers may give a notice to a relevant person requiring that person—

(a)to answer any question—

(i)which is asked in the notice, and

(ii)the answer to which is known to the person, and

(b)to answer in a manner specified in the notice.”

(c)in subsection (2), for the words from “disclosure” to the end substitute “—

(a)disclosure of that information is prohibited by any enactment or other rule of law;

(b)the person would be entitled to refuse to disclose the information in proceedings in the High Court on grounds of legal professional privilege.”

(d)after subsection (4) insert—

“(5)Where the Welsh Ministers require a person to provide information as they suspect an offence is being or has been committed—

(a)they may only require the information to be provided if they have reasonable grounds for their suspicion;

(b)they must inform the person, in writing, of the purpose for which they are requiring the information to be provided.

(6)In this section references to a “service provider” include a person who the Welsh Ministers reasonably suspect—

(a)is providing a regulated service at a place in respect of which that person is not registered under section 7, or

(b)has provided a regulated service at a place in respect of which that person was not registered under section 7.”

(3)After section 32 insert—

“32APrivilege against self-incrimination

(1)Information given by a person (“P”) in response to a notice given under section 32(1B) may not be used in criminal proceedings against P.

(2)But subsection (1) does not apply—

(a)if the proceedings are for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made otherwise than on oath);

(b)if, in the proceedings—

(i)evidence relating to the information is adduced by or on behalf of P, or

(ii)a question relating to it is asked by or on behalf of P.”

(4)In section 33—

(a)in subsection (1)(b), for “and” substitute “, management or”;

(b)after subsection (1) insert—

“(1A)In this Part a reference to an “investigation is a reference to an investigation into whether a person is committing or has committed an offence under this Part.”;

(c)in subsection (2), at the end, insert “or an investigation”.

(5)In section 34—

(a)in subsection (1)—

(i)after “inspection” insert “or an investigation”;

(ii)omit “and inspect”;

(b)in subsection (2), omit “and inspect”;

(c)in subsection (3), after “inspection” insert “or an investigation”;

(d)in subsection (4), at the beginning insert “When carrying out an inspection or an investigation,”.

(6)In section 35—

(a)in subsection (1)—

(i)after “inspection” insert “or an investigation”;

(ii)omit “in private”.

(b)after subsection (1) insert—

“(1A)An inspector may require an interview under subsection (1) to be carried out in private.”;

(c)in subsection (2), for the words “may” to the end substitute “—

(a)may not interview a person falling within subsection (3) without the person’s consent, and

(b)may not interview a person (“P”) for the purpose of inquiring whether P has committed an offence unless—

(i)P is informed of the purpose of the interview;

(ii)P is given the opportunity to obtain legal representation.”

(d)in subsection (4), after “may” insert “for the purposes of carrying out an inspection”.

(7)In section 36—

(a)in subsection (2), after “must” insert “, to the extent that the Welsh Ministers consider proportionate,”;

(b)after subsection (3) insert—

“(3A)But a requirement in subsection (3) does not apply where the Welsh Ministers consider that fulfilling the requirement would be inappropriate having regard to the best interests of a person whose care and support is assessed in the report.”