SL(6)773 – The Regulated Services (Registration) (Wales) (Amendment) (No. 2) Regulations 2026
Background and Purpose
The Regulation and Inspection of Social Care (Wales) Act 2016 (the “2016 Act”) provides the statutory framework for the regulation and inspection of social care services, and the regulation of the social care workforce in Wales.
The Regulated Services (Registration) (Wales) Regulations 2017 (the “principal Regulations”) make provision about the form and content of applications for registration and applications for variation of registration under the 2016 Act.
The Regulated Services (Registration) (Wales) (Amendment) (No. 2) Regulations 2026 (the “No. 2 Regulations”) amend the principal Regulations to give effect to changes introduced by section 6A(1) of the 2016 Act, which restricts the provision of certain children’s services to local authorities and not-for-profit entities. These services, referred to in these Regulations as “restricted children’s services”, include children’s home services, secure accommodation services and fostering services.
The intended effect of the amendments made by the No. 2 Regulations is to ensure that applications to register, or to vary registration in respect of restricted children’s services, include sufficient information to demonstrate compliance with the statutory requirement that such services are provided by not-for-profit entities.
Procedure
Senedd annulment procedure.
These Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument.
Merits Scrutiny
The following point is identified for reporting under Standing Order 21.3 in respect of this instrument.
1. 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 Senedd.
The No. 2 Regulations revoke and remake the Regulated Services (Registration) (Wales) (Amendment) Regulations 2026 (SL(6)715) in response to this Committee’s report on those regulations.
The most substantive scrutiny point raised by the Committee in its report was the omission of a regulation in the English text. In its response, the Welsh Government stated:
“The Welsh Government is grateful to the Committee for pointing out this error. The Welsh Government is currently in the process of moving to the use of the Lawmaker system for producing subordinate legislation and this SI was transferred to the Lawmaker system from the previous software (the SI template). Unfortunately, during this process, the text of regulation 10 was omitted from the English version. To correct this error, the Welsh Government will shortly make a new set of Regulations, the Regulated Services (Registration) (Wales) (Amendment) (No.2) Regulations 2026 which will revoke and replace these Regulations.”
Welsh Government response
A Welsh Government response is not required.
Legal Advisers
Legislation, Justice and Constitution Committee
17 February 2026