
2021 No. 198 (W. 46)
Social Care, Wales
The Partnership Arrangements (Amendment) and Regulated Services (Market Stability Reports) (Wales) Regulations 2021
Made 24 February 2021
Coming into force 1 April 2021

The Welsh Ministers, in exercise of the powers conferred by sections 144B(1), (2)(a) and (3), 166(1)(b) and (4)(a) and 168 of the Social Services and Well-being (Wales) Act 2014, makes the following Regulations.
In accordance with section 144B(6) of that Act, the Welsh Ministers have consulted such persons as they considered appropriate.

A draft of these Regulations was laid before Senedd Cymru under section 196(6)(a) of that Act and has been approved by resolution of Senedd Cymru.
PART 1
General
Title, commencement and interpretation
1 

(1) The title of these Regulations is the Partnership Arrangements (Amendment) and Regulated Services (Market Stability Reports) (Wales) Regulations 2021.
(2) These Regulations come into force on 1 April 2021.
(3) In these Regulations—
 “the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;
 “care and support” (“gofal a chymorth”) has the same meaning given by section 4 of the Act;
 “market stability report” (“adroddiad ar sefydlogrwydd y farchnad”) means the report which is required to be prepared and published under section 144B of the Act;
 “the Partnership Arrangements Regulations” (“y Rheoliadau Trefniadau Partneriaeth”) means the Partnership Arrangements (Wales) Regulations 2015;
 “population assessment” (“asesiad poblogaeth”) means the assessment which is required to be carried out under section 14(1) of the Act;
 “regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning given by section 2(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.
PART 2
Market Stability Report
Other matters to be contained within the market stability report
2 
A market stability report must include an assessment of those matters specified in the Schedule.
Period of assessment of the sufficiency of provision of care and support
3 
The sufficiency of provision of care and support must be assessed over the period since the previous population assessment was published.
Publication of market stability report
4 

(1) Local authorities must publish a market stability report by 1 June 2022 (the first report).
(2) Local authorities must publish their second market stability report by 1 September 2027.
(3) Subsequent market stability reports must be published at intervals not exceeding five years by 1 September.
Form of market stability report
5 
The market stability report must be published in an electronic format.
PART 3
Amendment to the Partnership Arrangements Regulations
Amendment to the Partnership Arrangements Regulations
6 
In the Partnership Arrangements Regulations, after regulation 18 insert—“
Market Stability Reports
Market stability reports
18A. 

(1) The partnership bodies for each of the regional partnership board areas must specify the arrangements by which they will together carry out the market stability report functions.
(2) In this regulation, “market stability report functions” means the specified functions conferred on local authorities by section 144B of the Act.”
Julie Morgan
Deputy Minister for Health and Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers
24 February 2021
SCHEDULE
Other matters to be contained in the market stability report
Regulation 2
Sufficiency of provision of care and support
1 
An assessment of the sufficiency of provision of regulated services providing care and support which includes any gaps in provision to meet needs identified in the most recent population assessment.
Overall quality of care and support
2 
An assessment of the overall quality of the care and support being provided by regulated services in meeting the needs and achieving the personal outcomes of people who need care and support, and those carers who need support.
Current or developing trends of care and support
3 
An assessment of the current or developing trends in the provision of regulated services providing care and support and their impact upon the sufficiency, quality or stability of those services.
Challenges
4 
An assessment of any significant challenges to current or future sufficiency, quality and stability of the provision of regulated services providing care and support.
Impact of commissioning
5 
An assessment of the impact of commissioning and funding on the sufficiency, quality and stability of the provision of regulated services providing care and support, including regional approaches and the use of pooled funding.