Coronavirus Act 2020

Disclosure: Wales E+W

X1 33 Disapplication etc by Welsh Ministers of DBS provisions E+W

(1) The Welsh Ministers may by notice make provision—

(a) disapplying, for a specified period, a health DBS provision or a social care DBS provision;

(b) modifying, for a specified period, a health DBS provision or a social care DBS provision.

(2) For the purposes of subsection (1) a “health DBS provision” is a provision of regulations under section 22 of the Care Standards Act 2000 (regulation of establishments and agencies) which imposes requirements—

(a) as to the persons who are fit to work at an establishment in Wales or for the purposes of an agency in Wales, and

(b) which relate to the obtaining in relation to such persons of certificates or information from the Disclosure and Barring Service.

(3) For the purposes of subsection (1) a “social care DBS provision” is a provision of regulations under section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (regulations about regulated services) which imposes requirements—

(a) as to the persons who are fit to work in a regulated service, and

(b) which relate to the obtaining in relation to such persons of certificates or information from the Disclosure and Barring Service.

(4) A notice under subsection (1) may limit the disapplication or modification of a health DBS provision or a social care DBS provision by reference to—

(a) a specified person or description of persons;

(b) a specified area;

(c) any other matter.

(5) A notice under subsection (1) must state why the Welsh Ministers consider that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.

(6) The specified period in a notice under subsection (1) must not exceed one month.

(7) The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice under subsection (1) with effect from the time specified in the cancellation notice.

(8) A cancellation notice may contain transitional or saving provision.

(9) Nothing in subsection (6) or (7) prevents the making of a further notice in relation to a health DBS provision or a social care DBS provision.

(10) Subject to subsection (11), the Welsh Ministers must—

(a) publish a notice under this section, and

(b) take such other steps as the Welsh Ministers consider reasonable to bring the notice to the attention of those persons likely to be affected by it.

(11) Where the notice relates to a person specified by name—

(a) the Welsh Ministers must give a copy of the notice to that person, and

(b) the published version of the notice must not identify any individual without their consent.

(12) In this section—

• “the Disclosure and Barring Service” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

• “specified”, in relation to a notice under subsection (1), means specified in the notice.

(13) Expressions used in this section and in the Care Standards Act 2000 or the Regulation and Inspection of Social Care (Wales) Act 2016 have the same meaning as in that Act.

Editorial Information

X1 TThe power conferred under this provision to issue or cancel a notice may be exercised by means of a notice published in The Gazette