EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about ratings given by the Welsh Ministers in relation to the quality of care and support provided by a service provider following an inspection under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”).

The ratings with which these Regulations are concerned are those given by the Welsh Ministers in an inspection report in relation to care home services or domiciliary support services under section 36(2)(d) of the Act.

In accordance with the power in section 37(2)(a) of the Act, these Regulations impose requirements on providers of care home services for adults and domiciliary support services to display ratings given by the Welsh Ministers in a specified manner and place.

In accordance with section 37(2)(c) of the Act, these Regulations make provision for a service provider to appeal against a rating given by the Welsh Ministers in certain circumstances.

These Regulations make it an offence for a service provider to fail to comply with specified requirements relating to the display of ratings given by the Welsh Ministers.

Part 1 of these Regulations contains definitions of terms used in the Regulations.

Part 2 of these Regulations makes provision about the ratings given by the Welsh Ministers in inspection reports. Regulation 2 imposes a duty on Welsh Ministers to give a rating when they carry out an inspection of a care home service or a domiciliary support service. Regulation 3 prescribes the places and manner in which ratings must be displayed. It includes requirements for ratings given to be shown on websites, and also for ratings to be displayed at each place at or from which the services are provided. Regulation 4 includes provision for a service provider to appeal against ratings where certain conditions are met.

Part 3 deals with offences. Regulation 5 is made under section 45 of the Act and provides that a service provider’s failure to comply with the requirements of specified provisions in these Regulations is an offence.

Part 4 makes amendments to the Regulated Services (Penalty Notices) (Wales) Regulations 2019 and sets out which offences for breaches of requirements imposed by these Regulations can be the subject of a penalty notice issued by the Welsh Ministers under section 52 of the Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.