SL(5)415 – The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential and Miscellaneous Amendments) Regulations 2019

Background and Purpose

These Regulations make amendments to the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006 and the Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010 in order to correct minor errors which were made to those instruments by the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019.

These Regulations also make a minor amendment to the Regulated Services (Penalty Notices) (Wales) Regulations 2019 to correct a cross-referencing error in regulation 8(1) of that instrument.

Procedure

Negative.

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny

Two points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Assembly

1.     The Explanatory Memorandum to these Regulations omits section 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 when listing the enabling powers for these Regulations.

2.     The Regulations correct minor errors that were identified by the Committee during technical scrutiny. The Regulated Services (Penalty Notices) (Wales) Regulations 2019, which contained a cross-referencing error, is due to come into force on 1 July 2019. The Regulations have been timed to come into effect on the same date.

Implications arising from exiting the European Union

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Government Response

A government response is not required.

Legal Advisers

Constitutional and Legislative Affairs Committee

12 June 2019