Commentary on Sections Part 1 – Regulation of Social Care Services Chapter 4: Sections 38-42 - General functions
92.Section 38 places a duty on Welsh Ministers to maintain a register of service providers. Subsection (2) sets out what information each entry must show and subsection (3) requires that the register is published and made available for public inspection free of charge. Subsection (5) is a regulation making power permitting the Welsh Ministers to omit certain information from the register in certain circumstances and to refuse requests made for copies or extracts of the register in certain circumstances. This power replicates an existing power in section 36(3) of the 2000 Act and could, for example, be used to restrict publication of medical information about providers or details about establishments relating to children.
93.Local authorities have statutory duties to assess and provide (whether directly or otherwise) care and support to those in need of such services who are eligible (see the 2014 Act). They are also commissioners of regulated services. Section 39 ensures that local authorities are notified when providers of regulated services have certain actions taken against them by the regulator.