The Domiciliary Care Agencies (Wales) Regulations 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Domiciliary Care Agencies (Wales) Regulations 2004, ISBN 0110908708. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"employment agency" ("asiantaeth gyflogi") has the same meaning as in the Employment Agencies Act 1973[3];

"National Assembly" ("Cynulliad Cenedlaethol") means the National Assembly for Wales;

"organisation" ("corff") means a body corporate;

"registered manager" ("rheolwr cofresredig") in relation to an agency, means a person who is registered under Part II of the Act as the manager of the agency;

"registered person" ("person cofresredig") in relation to an agency, means any person who is the registered provider or the registered manager of the agency;

"registered provider"("darparydd cofresredig") in relation to an agency, means a person who is registered under Part II of the Act as the person carrying on the agency;

"relative"("perthynas") in relation to any person, means  - 

(a) the person's spouse;

(b) any lineal ancestor, lineal descendant, brother, sister, uncle, aunt, nephew or niece of the person or the person's spouse;

(c) the spouse of any relative within sub-paragraph (b) of this definition,

and for the purpose of determining any such relationship a person's step-child shall be treated as his or her child, and references to "spouse" include a former spouse and a person who is living with the person as if he or she were the person's husband or (as the case may be) wife;

"representative" ("cynrychiolydd") in relation to a service user, means a person, other than the registered person or a person employed for the purposes of the agency, who with the service user's express or implied consent takes an interest in the service user's health and welfare;

"responsible individual" ("unigolyn cyfrifol") shall be construed in accordance with regulation 8(2)(a);

"service user" ("defnyddiwr gwasanaeth") means any person for whom an agency arranges the provision of personal care in the person's own home;

"service user's guide" ("arweiniad defnyddiwr gwasanaeth") means the written information prepared in accordance with regulation 5(1);

"staff" ("staff") means persons employed by the registered person for the purposes of the agency;

"statement of purpose" ("datganiad o ddiben") means the written statement compiled in accordance with regulation 4(1).

    (2) In these Regulations, a reference  - 

(a) to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b) in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

    (3) In these Regulations the terms "employed" and "employment" include employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment.

Excepted undertakings and application to employment agencies
     3.  - (1) For the purposes of the Act, an undertaking is excepted from the definition of "domiciliary care agency" in section 4(3) of the Act  - 

(a) if it is carried on by an individual who  - 


(i) carries it on otherwise than in partnership with others;

(ii) is not employed by an organisation or unincorporated association to carry it on;

(iii) does not employ any other person for the purposes of the undertaking; and

(iv) provides or arranges the provision of personal care services to fewer than four service users;



(b) in so far as it arranges for the provision of personal care for persons accommodated in a care home in respect of which a person is registered under Part II of the Act;

(c) to the extent that it arranges the provision of personal care by an agreement with an undertaking which is registered under the Act and these Regulations.

    (2) The provisions of these Regulations set out in paragraph (3) shall not apply to domiciliary care agencies to the extent to which they are also employment agencies.

    (3) The regulations are 13 (Conduct of agency), 14 (Arrangements for the provision of personal care), 16 (Staffing), 17 (Staff handbook and code of conduct) and 19 (Identification of workers).

Statement of purpose
     4.  - (1) The registered person shall compile in relation to the agency a statement written on paper (in these Regulations referred to as "the statement of purpose") which shall consist of  - 

(a) a statement of the aims and objectives of the agency;

(b) a statement specifying the personal care services which the agency arranges to be provided to service users;

(c) a statement as to the number and scale of contracts or other arrangements under which the agency provides services; and

(d) a statement as to the matters listed in Schedule 1.

    (2) The registered person shall make the statement of purpose available at the agency premises for inspection by every service user and any person employed for the purposes of the agency.

Service user's guide
     5.  - (1) The registered person shall produce a written guide to the agency which shall contain  - 

(a) a summary of the statement of purpose;

(b) a description of the geographical area in respect of which the agency arranges for services to be provided;

(c) the terms and conditions upon which personal care is to be provided for service users, including those as to  - 


(i) the amount and method of payment of fees;

(ii) the matters described in paragraphs 5, 6 and 9 of Schedule 1;



(d) a description of the staff structure of the agency;

(e) a summary of the agency's complaints procedure required by regulation 21;

(f) a statement as to the responsibilities of the agency and the service user in relation to health and safety;

(g) details of how the service user may contact the registered person, or a person nominated to act on his or her behalf, at all times during the period for which personal care is being provided;

(h) information on the matters described in paragraphs 8, 16 and 18 of Schedule 1; and

(i) a description of the process established by the agency for monitoring and reviewing the quality of the service being provided by the agency to the service user (including where appropriate consultation with other bodies providing services to the service user).

    (2) The registered person shall  - 

(a) provide a copy of the first service user's guide to the appropriate office of the National Assembly;

(b) provide a copy of the current version of the service user's guide to each service user or the service user's representative when the agency first arranges for the provision of personal care for the service user; and

(c) subsequent to the provision described in (b), provide on request further copies of the service user's guide to the service user or the service user's representative.

Review of statement of purpose and service user's guide
     6.  - (1) The registered person shall  - 

(a) at intervals not exceeding one year and in consultation with service users, review and, where appropriate, revise the statement of purpose and the service user's guide; and

(b) notify service users and the appropriate office of the National Assembly of any such revision within 28 days.

    (2) Unless it is not reasonably practicable to do so, the registered person shall notify the appropriate office of the National Assembly of any revision to be made to the statement of purpose at least 28 days before the revision is to take effect.

Agency documents
     7. The registered person shall ensure that registration in respect of the agency under Part II of the Act is noted in all correspondence and other documents prepared in connection with the agency's business.

Appointment of manager
     9.  - (1) The registered provider shall appoint an individual to manage the agency if  - 

(a) there is no registered manager in respect of the agency; and

(b) the registered provider  - 


(i) is an organisation;

(ii) carries on the agency in partnership;

(iii) is not a fit person to manage an agency; or

(iv) is not, or does not intend to be, in full time day to day charge of the agency.

    (2) Where  - 

(a) the registered provider, or

(b) if an appointment has been made under paragraph (1), the registered manager,

proposes to be, is likely to be, or has been, absent from the agency for a continuous period of 28 days or more, the registered provider shall appoint an individual to manage the agency during the provider's or (as the case may be) the registered manager's absence.

    (3) Where the registered provider appoints a person to manage the agency, he or she shall forthwith give notice to the appropriate office of the National Assembly of  - 

(a) the name of the person so appointed; and

(b) subject to registration, the date on which the appointment is to take effect.

    (4) The registered person shall nominate a person to be in charge at all times when the agency is open for business and the registered person is absent from the premises.

    (5) A person may not be nominated for the purpose of paragraph (4) unless full and satisfactory information in respect of each of the matters listed in Schedule 2 is available in relation to him or her and has been provided to the National Assembly, except that the information required in paragraphs 10 and 11 of Schedule 3 must be available in substitution for the information required in paragraph 8 of Schedule 2.

Fitness of manager
     10.  - (1) A person shall not manage an agency unless fit to do so.

    (2) A person is not fit to manage an agency unless  - 

(a) the person is of integrity and good character;

(b) having regard to the nature and size of the agency and the number and needs of the service users  - 


(i) the person has the qualifications, skills and experience necessary to manage the agency; and

(ii) the person is physically and mentally fit to manage the agency; and



(c) full and satisfactory information or (as the case may be) documentation in respect of each of the matters listed in Schedule 2 is available in relation to the person.

Registered person  -  general requirements and training
     11.  - (1) The registered provider and the registered manager shall, having regard to the nature and size of the agency and the number and needs of the service users, carry on or (as the case may be) manage the agency with sufficient care, competence and skill.

    (2) If the registered provider is  - 

(a) an individual, that individual shall undertake, or

(b) an organisation, it shall ensure that the responsible individual undertakes,

from time to time such training as is appropriate to ensure that the individual has the expertise, experience and skills necessary for carrying on the agency.

    (3) If the agency is carried on by individuals in partnership, the partners shall ensure that one of them undertakes training as required by paragraph (2).

    (4) The registered manager shall undertake from time to time such training as is appropriate to ensure that he or she has the expertise, experience and skills necessary for managing the agency.

Notification of offences
     12. Where the registered person or the responsible individual is convicted of any criminal offence, whether in Wales or elsewhere, he or she shall forthwith give notice in writing to the appropriate office of the National Assembly of  - 

(a) the date and place of the conviction;

(b) the offence; and

(c) the penalty imposed in respect of the offence.

Arrangements for the provision of personal care
     14.  - (1) The registered person shall, after consultation with the service user, or if consultation with the service user is not practicable, after consultation with a person acting on behalf of the service user, prepare a written plan ("the service delivery plan") which shall  - 

(a) be consistent with any plan for the care of the service user prepared by a local authority;

(b) specify the service user's needs in respect of which personal care is to be provided; and

(c) specify how those needs are to be met by the provision of personal care.

    (2) The registered person shall  - 

(a) make the service delivery plan available to  - 


(i) the service user, and

(ii) any person acting on behalf of a service user who was consulted in its preparation or revision;



(b) keep the service delivery plan under review;

(c) where appropriate, and after consultation with the service user, or if consultation with the service user is not practicable, after consultation with a person acting on behalf of the service user, revise the service delivery plan; and

(d) notify the service user of any such revision.

    (3) The registered person shall, so far as is practicable, ensure that the personal care which the agency arranges to be provided to any service user meets the service user's needs specified in the service delivery plan.

    (4) The registered person shall, for the purpose of providing personal care to service users, so far as is practicable  - 

(a) ascertain and take into account their wishes and feelings;

(b) provide them with comprehensive information and suitable choices as to the personal care that may be provided to them; and

(c) encourage and enable them to make decisions with respect to such personal care.

    (5) The registered person shall ensure that arrangements made for the provision of personal care to a service user  - 

(a) specify the procedure to be followed after an allegation of abuse, neglect or other harm has been made, ensuring that appropriate steps are taken immediately to reduce the risk of any abuse, neglect or other harm;

(b) specify the circumstances in which a domiciliary care worker may administer or assist in the administration of the service user's medication, and the procedures to be adopted in such circumstances;

(c) include suitable arrangements to assist the service user with mobility in his or her home, where required; and

(d) specify the procedure to be followed where a domiciliary care worker acts as agent for, or receives money from, a service user.

    (6) The registered person shall make suitable arrangements for the recording, handling, safe keeping, safe administration and disposal of medicines used in the course of the provision of personal care to service users.

    (7) The registered person shall make suitable arrangements, including training of staff, to ensure that domiciliary care workers operate a safe system of working, including in relation to lifting and moving service users.

    (8) The registered person shall make suitable arrangements, by training staff or by other measures, to prevent service users being harmed or suffering abuse or being placed at risk of harm or abuse.

    (9) The registered person shall ensure that no service user is subject to physical restraint unless restraint of the kind employed is the only practicable means of securing the welfare of that or any other service user and there are exceptional circumstances.

    (10) On any occasion on which a service user is subject to physical restraint by a person who works as a domiciliary care worker for the purposes of the agency, the registered person shall record the circumstances including the nature of the restraint.

Fitness of workers
     15.  - (1) The registered person shall ensure that no person works as a domiciliary care worker for the purposes of the agency unless  - 

(a) the person is fit to work for the purposes of the agency;

(b) there is available in respect of that person full and satisfactory information or (as the case may be) documentation in respect of each of the matters specified in Schedule 3; and

(c) the registered person is satisfied on reasonable grounds as to the authenticity of the references referred to in paragraph 5 of Schedule 3 in respect of that person.

    (2) The registered person shall ensure that a person who is not a domiciliary care worker but who otherwise is required for the purposes of the agency to visit a service user in their home shall not work for the agency unless there is available in respect of that person full and satisfactory information or (as the case may be) documentation in respect of the matters specified in paragraphs 1 to 6 and 9 of Schedule 3.

    (3) A person is not fit to work for the purposes of the agency unless  - 

(a) the person has the qualifications, experience and skills necessary for the work which he or she is to perform; and

(b) the person is physically and mentally fit for the purposes of the work which he or she is to perform.

    (4) Paragraphs (1)(b) and (2), in so far as they relate to paragraph 4 of Schedule 3, shall not apply until 31st October 2004 in respect of a worker who has been supplied by or worked for the agency at any time during the period from 1st June 2003 to 31st May 2004.

Staffing
     16.  - (1) The registered person shall, having regard to the nature of the agency, the statement of purpose and the number and needs of the service users, ensure that  - 

(a) at all times an appropriate number of suitably qualified, skilled and experienced persons are employed for the purposes of the agency;

(b) appropriate information and advice are provided to persons employed for the purposes of the agency, and further information and advice are made available to them at their reasonable request, in respect of  - 


(i) service users and their needs in respect of personal care, and

(ii) the provision of personal care to service users;



(c) suitable assistance is provided to persons working for the purposes of the agency, and further assistance is made available to them at their reasonable request, in respect of the provision of personal care to service users;

(d) suitably qualified and competent persons are available to be consulted during any time when a person is working for the purposes of the agency; and

(e) service users will receive such continuity of care as is reasonable to meet their needs for personal care where persons are employed, or domiciliary care workers are working, on a temporary basis for the purposes of the agency.

    (2) The registered person shall ensure that each member of staff  - 

(a) receives training and appraisal which are appropriate to the work which he or she is to perform;

(b) receives suitable assistance, including time off, for the purpose of obtaining further qualifications appropriate to such work;

(c) is aware of his or her own responsibilities and those of the other members of staff; and

(d) is required to notify the registered person if convicted of any criminal offence.

    (3) The registered person shall take such steps as may be necessary to address any aspect of the performance of a domiciliary care worker which is found to be unsatisfactory.

    (4) The registered person shall ensure that members of staff, and domiciliary care workers who are not members of staff, receive appropriate supervision.

Staff handbook and code of conduct
     17.  - (1) The registered person shall prepare a staff handbook and provide a copy of it to every member of staff and every domiciliary care worker who is not a member of staff.

    (2) The handbook prepared in accordance with paragraph (1) shall include a statement as to  - 

(a) the conduct expected of members of staff and domiciliary care workers, and disciplinary action which may be taken against them;

(b) the role and responsibilities of members of staff and domiciliary care workers;

(c) record keeping requirements;

(d) recruitment procedures; and

(e) training and development requirements and opportunities.

Provision of information to service users
     18.  - (1) The registered person shall ensure that before personal care is provided a service user is provided with  - 

(a) the name of each domiciliary care worker who is to provide personal care;

(b) details of how the service user may contact the registered person, or a person nominated to act on his or her behalf, at all times during the period for which personal care is being provided; and

(c) the terms and conditions upon which personal care is arranged.

    (2) The registered person shall ensure that the information specified in paragraph (1) is, where appropriate, also provided on request to the service user's relatives or carers.

Identification of workers
     19. The registered person shall ensure that every domiciliary care worker who works for the purposes of the agency is instructed that while providing personal care to a service user he or she must present the service user with identification showing his or her name, a recent photograph of himself or herself and the name of the agency.

Records
     20.  - (1) The registered person shall ensure that the records specified in Schedule 4 are maintained and that they are  - 

(a) kept up to date, in good order and in a secure manner;

(b) at all times available for inspection by any person authorised by the National Assembly to enter and inspect the premises; and

(c) retained for a period of not less than three years beginning on the date of the last entry.

    (2) The registered person shall endeavour to ensure that, in addition to the records referred to in paragraph (1), a copy of the service delivery plan and a detailed record of the personal care provided to the service user are kept at the service user's home and that they are kept up to date, in good order and in a secure manner.

Complaints
     21.  - (1) The registered person shall establish a written procedure ("the complaints procedure") for considering complaints made to the registered person by or on behalf of a service user.

    (2) The registered person shall supply a written copy of the complaints procedure to every service user and, on request, to any representative of a service user.

    (3) The written copy of the complaints procedure shall include  - 

(a) the name and address of the appropriate office of the National Assembly; and

(b) the procedure (if any) which has been notified by the National Assembly to the registered person for making complaints to the National Assembly relating to the agency.

    (4) The registered person shall ensure that every complaint made under the complaints procedure is fully investigated.

    (5) The registered person shall, within 28 days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the action (if any) that is to be taken.

    (6) The registered person shall maintain a record of each complaint, including details of the investigations made, the outcome and any action taken in consequence and the requirements of regulation 20(1) shall apply to that record.

    (7) The registered person shall supply to the National Assembly at its request a statement containing a summary of the complaints made during the twelve months ending on the date of the request and the action taken in response.

Staff views as to conduct of agency
     22.  - (1) This regulation applies to any matter relating to the conduct of the agency so far as it may affect the health or welfare of, or the personal care provided to, service users.

    (2) The registered person shall make arrangements to enable staff to inform the registered person or, without reference to the agency, the National Assembly of their views about any matter to which this regulation applies.

Review of quality of service provision
     23.  - (1) The registered person shall introduce and maintain a system for reviewing at appropriate intervals the quality of the service and personal care which the agency arranges to be provided.

    (2) The registered person shall supply to the appropriate office of the National Assembly a report in respect of any review conducted by him or her for the purposes of paragraph (1) and shall make a copy of the report available to service users.

    (3) The system referred to in paragraph (1) shall provide for consultation with service users and their representatives.

Fitness of premises
     24. The registered person shall not use the agency premises for the purposes of an agency unless they are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.

Financial position
     25.  - (1) The registered provider shall carry on the agency in such manner as is likely to ensure that the agency will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.

    (2) The registered person shall provide to the National Assembly such other information as it may require from time to time in order to consider the financial viability of the agency, including  - 

(a) the annual accounts of the agency, certified by an accountant; and

(b) a certificate of insurance for the registered provider in respect of liability which may be incurred by him or her in relation to the agency in respect of death, injury, public liability, damage or other loss.

Notification of incidents
     26.  - (1) The registered person shall notify the appropriate office of the National Assembly if an incident described in paragraph (2) takes place and such notification shall be given within 24 hours of the registered person being informed, or otherwise becoming aware, that such an incident has taken place.

    (2) The incidents are  - 

(a) any serious injury sustained by a service user in the agency premises or while a domiciliary care worker is attending on the service user for the purposes of the provision of personal care to him;

(b) any incident which  - 


(i) occurs in the agency premises or while a domiciliary care worker is attending on the service user for the purposes of the provision of personal care to him, and

(ii) is reported to, or investigated by, the police; and



(c) any allegation of misconduct by the registered person or any person who works for the purposes of the agency.

    (3) Any oral notification given in accordance with this regulation shall be confirmed in writing within 48 hours.

    (4) The registered person shall ensure that the persons working for the purposes of the agency are required to inform the registered person forthwith of the occurrence of any of the incidents described in paragraph (2).

Notice of absence
     27.  - (1) Where  - 

(a) a registered provider who manages the agency; or

(b) a registered manager,

is to be absent from the agency for a continuous period of 28 days or more, the registered person shall give notice in writing to the appropriate office of the National Assembly of the absence.

    (2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the absence commences, or within such shorter period as may be agreed with the National Assembly, and the notice shall specify  - 

(a) the length or expected length of the proposed absence;

(b) the reason for that absence;

(c) the arrangements which have been made for the running of the agency during that absence;

(d) the name, address and qualifications of the person who will be responsible for the agency during that absence; and

(e) the name, address and qualifications of any person appointed or nominated in accordance with regulation 9.

    (3) Where an absence referred to in paragraph (1) arises as a result of an emergency, the registered person shall give notice of the absence within one week of the emergency's occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).

    (4) Where  - 

(a) a registered provider who manages the agency; or

(b) a registered manager,

has been absent from the agency for a continuous period of 28 days or more, and the appropriate office of the National Assembly has not been given notice of the absence, the registered person shall forthwith give notice in writing to that office specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).

    (5) The registered person shall notify the appropriate office of the National Assembly of the return to duty of the registered provider or (as the case may be) the registered manager no later than 7 days after the date of return.

Notice of changes
     28. The registered person shall give notice in writing to the appropriate office of the National Assembly as soon as it is practicable to do so if  - 

(a) a person other than the registered person carries on or manages, or proposes to carry on or manage, the agency;

(b) a person ceases, or proposes to cease, to carry on or manage the agency;

(c) where a registered person is an individual, that individual changes, or proposes to change, his or her name;

(d) where the registered provider is an organisation  - 


(i) the name or address of the organisation is, or is proposed to be, changed,

(ii) there is, or is proposed to be, any change of director, manager, secretary or other similar officer of the organisation,

(iii) there is, or is proposed to be, any change in the identity of the responsible individual, or

(iv) there is, or is proposed to be, a change of ownership of the organisation;



(e) where a registered provider is an individual, a trustee in bankruptcy for the individual is, or is likely to be, appointed or a composition or arrangement with the individual's creditors is, or is to be, made;

(f) where a registered provider is a company, a receiver, manager, liquidator or provisional liquidator is, or is likely to be, appointed;

(g) where a registered provider is in a partnership whose business includes carrying on an agency, a receiver or manager is, or is likely to be, appointed for the partnership; or

(h) the agency premises are, or are proposed to be, significantly altered or extended, or additional premises are, or are proposed to be, acquired.

Death of registered person
     29.  - (1) If more than one person is registered in respect of an agency and a registered person dies, the surviving registered person shall without delay give notice in writing of the death to the appropriate office of the National Assembly.

    (2) If only one person is registered in respect of an agency and he or she dies, his or her personal representatives shall give notice in writing to the appropriate office of the National Assembly  - 

(a) without delay, of the death; and

(b) within 28 days, of their intentions regarding the future running of the agency.

    (3) The personal representatives of the deceased registered provider may carry on the agency without being registered in respect of it  - 

(a) for a period not exceeding 28 days; and

(b) for any further period as may be determined in accordance with paragraph (4).

    (4) The National Assembly may extend the period specified in paragraph (3)(a) by such period, not exceeding one year, as the National Assembly shall determine, and shall give notice in writing of such determination to the personal representatives.

    (5) The personal representatives shall appoint a person to take full-time day to day charge of the agency during any period in which, in accordance with paragraph (3), they carry on the agency without being registered in respect of it.

(a) at the appropriate place, insert  - 

" "domiciliary care agency" has the same meaning as in the Act but subject to the exceptions in regulation 3(1) of the Domiciliary Care Agencies (Wales) Regulations 2004";

(b) in the definition of "appropriate office", after paragraph (g) insert  - 


" (h) in relation to a domiciliary care agency  - 


(i) if an office has been specified under regulation 32 of the Domiciliary Care Agencies (Wales) Regulations 2004 for the area in which the agency premises are situated, that office;

(ii) in any other case, any office of the National Assembly.";



(c) in the definition of "statement of purpose" insert  - 



" (i) in relation to a domiciliary care agency, the written statement required to be compiled in relation to the agency in accordance with regulation 4 of the Domiciliary Care Agencies (Wales) Regulations 2004;".

    (3) In regulation 9  - 

(a) in paragraph (e), after "section 4(8)(a)" insert "or (9)(a)";

(b) after paragraph (i) insert  - 


" (j) where the establishment or agency is being carried on by an individual in partnership with others, the names and addresses of all the partners.".

    (4) In paragraph 1 of Schedule 1, insert  - 

" (g) if he or she intends to carry on a domiciliary care agency in partnership with others, the information specified in the preceding sub-paragraphs of this paragraph in relation to each partner of the firm and the name and address of the partnership.".

Amendment of the Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002
     34.  - (1) The Registration of Social Care and Independent Healthcare (Fees) (Wales) Regulations 2002[5] are amended in accordance with the following provisions of this regulation.

    (2) In the paragraph headed "Arrangement of Regulations", add the following at the end "15. Annual fee- domiciliary care agencies".

    (3) In regulation 2(1)(a)  - 

(a) in the definition of "agency", at the end add ", or a domiciliary care agency";

(b) at the appropriate place, insert  - 

" "domiciliary care agency" has the same meaning as in the Act but subject to the exceptions in regulation 3(1) of the Domiciliary Care Agencies (Wales) Regulations 2004";

(c) at the appropriate place, insert  - 

" "small domiciliary care agency" means a domiciliary care agency which arranges the provision of fewer than 200 hours of personal care per week or a domiciliary care agency which is solely an employment agency".

    (4) In regulation 3, after paragraph (3C), insert  - 

    " (3D) In the case of an application for registration in respect of a small domiciliary care agency  - 


(a) by a person mentioned in paragraph (1)(a), the registration fee shall be £550; and

(b) by a person mentioned in paragraph (1)(b), the registration fee shall be nil.".

    (5) After regulation 14 (Annual fee  -  nurses agencies), there is to be inserted the following regulation  - 

" Annual fee- domiciliary care agencies
     15.  - (1) The annual fee in respect of a domiciliary care agency is  - 


(a) in the case of a small domiciliary care agency, £375; and

(b) otherwise, £750.



    (2) The annual fee in respect of a domiciliary care agency is to be payable by the registered provider on the first and subsequent anniversaries of the date on which his or her certificate of registration is issued.".

Transitional provisions
     35.  - (1) This regulation applies to persons who by virtue of the provisions of the Act and these Regulations are required to be registered under the Act but who immediately before 1st March 2004 were not required to be so registered.

    (2) Notwithstanding any such provision, a person who immediately before 1st March 2004 was carrying on or managing an agency may continue to carry on or manage the agency without being registered under the Act  - 

(a) during the period of 3 months beginning with that date; and

(b) if within that period application is made for registration, until that application is finally disposed of or withdrawn.

    (3) In this regulation "finally disposed of" means the date 28 days following the grant or refusal of registration and, if an appeal is made, the date when the appeal is finally determined or abandoned.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]


D. Elis-Thomas
The Presiding Officer of the National Assembly

3rd February 2004

(a) where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997[7] (registration under Part II of the Care Standards Act 2000), or the position falls within section 115(3) or (4) of that Act, an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act.

     4. Two written references, including a reference relating to the last period of employment of not less than three months duration.

     5. Where a person has previously worked in a position which involved work with children or vulnerable adults, verification of the reason why the employment or position ended except where the National Assembly has determined that all reasonable steps have been taken to obtain such verification but it is not available.

     6. Documentary evidence of any relevant qualifications and training.

     7. A full employment history, together with a satisfactory written explanation of any gaps in employment.

     8. Where the person is an individual, a report by a general medical practitioner as to whether the person is physically and mentally fit to (as the case may be) carry on, manage or be in charge of an agency.

     9. Details of registration with or membership of any professional body.

     10. Details of any professional indemnity insurance.

[2] See section 22(9) of the Care Standards Act 2000 for the requirement to consult.back

[3] 1973 c.35.back

[4] S.I. 2002/919 (W.107) as amended by S.I. 2003/710 (W.86) and 2003/2517 (W.242).back

[5] S.I. 2002/921 (W.109) as amended by S.I. 2003/710 (W.86), 2003/781 (W.92) and 2003/2517 (W.242).back

[6] 1998 c.38.back

[7] 1997 c.50.back