Whilst care in England is subject to the Health and Social Care Act 2008, the provision of adult social care in Wales is predicated upon the Care Standards Act 2000. This piece of legislation was superseded in England in 2008, but in Wales it is still the foundation stone of their regulatory system.
The Care and Social Services Inspectorate Wales (CSSIW) draws its powers as a regulator from the Care Standards Act, thereby ensuring that the National Minimum Standards (NMS) are adhered to by providers of care services.
The aim of the NMS is to ensure that a provider operates to a standard which ensures a minimum uniform level of care being provided to all residents across the country, protecting their rights, welfare and dignity. These standards via the Act provide the CSSIW with regulatory enforcement powers to deal with any provider that fails to meet them, whether in the private or public sector.
Various statutory instruments have come into effect for this piece of legislation which impacts upon Wales. They include The Care Standards Act 2000 (Notification) (Wales) Regulations 2011, which deals with the transferring of information about notices served on registered providers from the CSSIW to Local Authorities. Several other pertinent pieces of subordinate legislation have all been introduced which have an impact on the delivery of care and on the importance of meeting The National Minimum Standards. They are The Care Homes (Wales) Regulations 2002, The Care Homes (Amendment) (Wales) Regulations 2003, The Care Homes (Wales) (Amendment No 2) Regulations 2003 and The Care Homes (Wales) (Miscellaneous Amendments) Regulations 2011.