PART 11FINAL PROVISIONS

187 Regulations under this Act

1

A power to make regulations under this Act—

a

is exercisable by statutory instrument;

b

includes power to make different provision for different purposes, for different cases and for different areas.

2

A statutory instrument containing regulations made under any of the following provisions of this Act may not be made unless a draft of the instrument containing the regulations has been laid before and approved by resolution of the National Assembly for Wales—

a

section 2(1)(i) (regulations specifying other care and support services as regulated services);

b

section 2(3) (regulations prescribing things not to be treated as regulated services);

c

section 3(3) (regulations prescribing things not to be treated as care and support);

d

section 9(9) (regulations varying the evidence to be taken into account when determining whether a person is fit and proper);

e

section 11(2) (regulations prescribing a time limit within which an application to designate a replacement responsible individual must be made);

f

section 27(1) (regulations imposing requirements on service providers);

g

section 28(1) (regulations imposing requirements on responsible individuals);

h

section 37(1) (regulations about inspection ratings);

i

section 40(1) (regulations about charging fees);

j

section 45 (regulations creating offences for failure to comply with requirements imposed on service providers);

k

section 46 (regulations creating offences for failure to comply with requirements imposed on responsible individuals);

l

sections 59(1) and (4) and 61(6) and (9) (regulations about the market oversight regime);

m

section 79(2) (regulations prescribing descriptions of persons to be treated as social care workers);

n

section 80(1)(b) (regulations prescribing descriptions of social care worker in respect of whom SCW must keep a register);

o

section 111(2) (regulations prescribing protected titles for social care workers other than social workers);

p

section 117 (amending the grounds on which a registered person's fitness to practise may be regarded as impaired);

q

section 130 (arrangements for mediation);

r

section 136(2)(d) (persons to whom undertakings may be disclosed by SCW);

s

section 142 (amending the ways in which a fitness to practise panel may dispose of matters);

t

section 165 (designation of regulated activities etc. for the purposes of prohibition orders under Part 7);

u

section 171(3) (creation of offences in relation to employment or appointment of persons subject to prohibition orders etc.);

v

section 177(1)(h) (regulations prescribing other persons as relevant authorities for the purposes of Part 9);

w

paragraph 7 of Schedule 1 (regulations specifying certain services as regulated advocacy services).

3

Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

4

This section does not apply to regulations made under section 186.