Commentary on Sections Part 1 .Social Care Chapter 1 .Provision of Social Care Services to Children: Restrictions on Profit Section 7 – Providers of restricted children’s services: information contained in annual return
34.Section 7 amends section 10 (annual return) of the 2016 Act to impose new requirements about what must be included in a service provider’s annual return.
35.Paragraph (a) inserts a new paragraph (viiia) into section 10(2)(a) of the 2016 Act, requiring that the annual return includes information (as prescribed by the Welsh Ministers) about evidence relevant to the fit and proper person test in section 9 of the 2016 Act.
36.Paragraph (b) inserts new subsections (2A) and (2B) into section 10 of the 2016 Act. New subsection (2A) requires that for a service provider, other than a local authority, that is registered in respect of a restricted children’s service the annual return must include information (as may be prescribed by the Welsh Ministers) showing that the provider meets the requirement in section 6A(1) (as inserted by section 3 of the Act - see paragraphs 16 and 17 of these Explanatory Notes for an explanation of new section 6A). Subsection (2B) provides that this does not apply to providers to whom section 6A does not apply by virtue of paragraph 2(3) of Schedule 1A (as inserted by section 4 of the Act, and specifying transitional arrangements for service providers of these services).
37.Paragraph (c) amends subsection (6) of section 10 of the 2016 Act, with the effect that the first set of regulations made under subsection (2)(a)(viiia) (prescribing information about evidence relevant to the fit and proper person test) and the first set of regulations made under subsection (2A) (prescribing information to satisfy the Welsh Ministers that the provider meets the requirement in section 6A(1)) will be subject to the draft affirmative procedure in the Senedd.