All the provisions of a law regulating social welfare service providers will finally come into force at the start of the New Year, meaning the watchdog could start imposing fines and revoking licences for non-compliance.

The Social Care Standards Authority, which covers both private and public providers, such as elderly homes, came into existence last June. However, it was not vested with all powers immediately but staggered over an eight-month period through various legal notices to bring into force various provisions of the law.

The decision was justified on grounds that a smooth takeover from the Health Care Standards Directorate within the Department for Health Regulations was necessary.

It transpires that, in the case of elderly homes, the authority will be taking over as from January 1, 2019 in line with a legal notice published last Monday.

Consequently, during January of every year, the watchdog shall publish in The Government Gazette a list of all licensed service providers, including the type of social welfare services being offered and a list of those whose licence would have been revoked, if any. Any changes in the conditions required for licensing or renewal must also be published.

Headed by Matthew Vella, who was appointed CEO last June, the watchdog can carry out unannounced inspections. This could include interviews, access to documentation and other evidence in the form of photographs and footage.

Moreover, the regulator can also opt to seek police assistance if deemed necessary. In cases of non-compliance, the authority can decide to carry out a series of changes, though such decisions can be challenged before the Administrative Review Tribunal. If the aggrieved party is still not satisfied they may seek redress before the Court of Appeal.

The law also states that if a provider remains non-compliant, the regulator can impose a fine ranging from €100 to €10,000 and if the breach persists, a daily fine of between €50 and €350, could also be triggered.

In extreme cases the authority is vested with the power to revoke a licence at any time.

However, the law allows a service provider that does not initially meet all the criteria to make use of a temporary licence until there is full compliance. Such arrangement would be limited for not longer than two successive six-month periods.

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