Regulation and Inspection of Social Care (Wales) Act 2016

Legislation Crest

U.K.

Regulation and Inspection of Social Care (Wales) Act 2016

2016 anaw 2

An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes.

[18 January 2016]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

PART 1 U.K.REGULATION OF SOCIAL CARE SERVICES

CHAPTER 1U.K.INTRODUCTION

1Overview of Part 1E+W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Other key termsE+W

4General objectivesE+W

CHAPTER 2U.K.REGISTRATION ETC. OF SERVICE PROVIDERS

Requirement to registerU.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for, variation of and cancellation of registrationU.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8Duration of domiciliary support visitsE+W
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10Annual returnE+W
11Application for variation of registration as a service providerE+W
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13Variation without applicationE+W
14Application for cancellation of registration as a service providerE+W
15Cancellation without applicationE+W

Notice requirementsE+W

16Improvement noticesE+W
17Notice of decision following improvement noticeE+W
18Notice of proposalE+W
19Notice of decision following notice of proposalE+W
20Notice of decision without notice of proposalE+W

Responsible individualsU.K.

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22Cancellation of designation of a responsible individualE+W

Urgent actionE+W

23Urgent cancellation or variation of services or placesE+W
24Urgent cancellation or variation: notification and appealsE+W
25Urgent variation of registration: other conditionsE+W

AppealsE+W

26AppealsE+W

Regulations and guidanceU.K.

27Regulations about regulated servicesE+W
28Regulations about responsible individualsE+W
29Guidance about regulations under sections 27 and 28E+W
30Regulations about service providers who are liquidated etc.E+W
31Regulations about service providers who have diedE+W

CHAPTER 3U.K.INFORMATION AND INSPECTIONS

32Power to require informationE+W

33Inspections and inspectorsE+W

34Powers of inspector to enter and inspect premisesE+W

35Powers of inspector to interview and examine personsE+W

36Inspection reportsE+W

37Inspection ratingsE+W

CHAPTER 4E+WGENERAL FUNCTIONS

38Register of service providersE+W

39Notifying local authorities of certain action taken under this PartE+W

40Charging feesE+W

41Engagement with the publicE+W

42Annual report on regulatory functionsE+W

CHAPTER 5U.K.OFFENCES AND PENALTIES

43Failure to comply with a conditionE+W

44False descriptionsE+W

45Failure by service provider to comply with requirements in regulationsE+W

46Failure by responsible individual to comply with requirements in regulationsE+W

47False statementsE+W

48Failure to submit annual returnE+W

49Failure to provide informationE+W

50Offences related to inspectionsE+W

51Penalties upon convictionE+W

52Penalty noticesE+W

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 6E+WLOCAL AUTHORITY SOCIAL SERVICES

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57Reviews, investigations and inspectionsE+W

58Regulation of local authority functions relating to looked after and accommodated childrenE+W

Prospective

CHAPTER 7U.K.MARKET OVERSIGHT

59Specifying criteria for application of market oversight regimeE+W

60Determining whether criteria apply to service providerE+W

61Assessment of financial sustainability of service providerE+W

62Informing local authorities where failure of service provider likelyE+W

63National market stability reportE+W

CHAPTER 8E+WINTERPRETATION

64Interpretation of this PartE+W

PART 2 E+WOVERVIEW AND INTERPRETATION OF PARTS 3 TO 8

65Overview of Parts 3 to 8E+W

(1)This section provides an overview of the main provisions of Parts 3 to 8 of this Act.

(2)Part 3—

(a)renames the Care Council for Wales as Social Care Wales (defined by section 67 as “SCW”), and

(b)makes provision for its general functions (see, in particular, sections 68 to 72, including the provision in Schedule 2 about SCW's constitution and other matters relevant to its general operation).

(3)Parts 4 to 6 confer functions on SCW in relation to the regulation of social workers and other persons engaged in the provision of care and support to persons in Wales (defined, collectively, as “social care workers” by section 79(1)); including—

(a)a duty to keep a register of certain social care workers, including social workers (see, in particular, section 80 of Part 4);

(b)a requirement in section 81 for SCW to appoint a registrar to process applications for registration in the register and to otherwise exercise functions under Part 4 in relation to the register, including the function of deciding, under section 83, whether persons should be admitted to the register.

(4)Parts 4 to 6 also set out the requirements which must be met to become, and to remain, registered; including—

(a)a requirement that the registrar be satisfied that a person is qualified, or otherwise appropriately trained, to be a social care worker (on which, see section 83),

(b)obligations to be met by persons registered in the register in respect of continual professional development (see section 113 of Part 5), and

(c)obligations in respect of fitness to practise as a social care worker.

(5)Section 117 in Chapter 1 of Part 6 sets out the grounds of potential impairment of a person's fitness to practise for the purposes of being, and remaining, registered; including deficient performance as a social care worker and serious misconduct in any capacity.

(6)Chapter 2 of Part 6 provides for a system of preliminary consideration and, if necessary, investigation by or on behalf of SCW into whether a registered social care worker's fitness to practise may be impaired, and for the referral of certain cases to a fitness to practise panel.

(7)Part 8 requires SCW to establish panels which will determine whether a person should be admitted to, or removed from, the register; in particular—

(a)panels to make determinations under Part 4, including determinations about decisions made by the registrar (defined by section 174 of Part 8 as “registration appeals panels”),

(b)panels to make determinations in relation to a registered social care worker's fitness to practise by reference to the grounds of potential impairment in section 117 (defined by section 174 of Part 8 as “fitness to practise panels”), and

(c)panels to make decisions pending determination of a matter by registration appeals panels or fitness to practise panels (defined by section 174 of Part 8 as “interim orders panels”).

(8)Chapter 3 of Part 6 makes provision about the ways in which fitness to practise panels may dispose of cases in which a person's fitness to practise is in question, including provision allowing panels to remove or suspend a person from the register; and Chapter 5 of Part 6 makes provision about the periodic review by a fitness to practise panel of the fitness to practise of persons who have been subject to proceedings under Chapter 3 of that Part.

(9)Section 104 of Part 4 makes provision about appeals to the First-tier tribunal against decisions made under that Part relating to registration, while Chapter 6 of Part 6 provides for appeals to the tribunal against the determinations of fitness to practise panels under that Part.

(10)Section 111 of Part 4 makes it an offence for a person in Wales to intend to deceive someone by pretending to be a registered social worker, and by virtue of regulations makes it an offence for a person to intend to deceive someone by pretending to be another kind of registered social care worker.

(11)Part 7 allows the Welsh Ministers by regulations to authorise fitness to practise panels to prohibit social care workers in respect of whom a part of the register is not kept from carrying out activities specified in the regulations, and makes connected provision, including making it an offence to carry out those activities while subject to prohibition.

(12)In addition to making provision about continual professional development, Part 5 makes provision about other functions of SCW in respect of the education and training of social care workers, including provision about the approval by SCW of courses for persons who are or wish to become social care workers (see section 114).

Commencement Information

I1S. 65 in force at 3.4.2017 by S.I. 2017/309, art. 2(a) (with arts. 3, 4, Sch.)

66Interpretation of Parts 3 to 8E+W

(1)In Parts 3 to 8 of this Act—

  • added part” (“rhan ychwanegol”), in relation to the register, is to be interpreted in accordance with section 80(3);

  • exempt person” (“person esempt”) has the meaning given by section 90(8);

  • fitness to practise panel” (“panel addasrwydd i ymarfer”) means a panel established by virtue of section 174(1)(b);

  • the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) has the meaning given by section 90(8);

  • interim orders panel” (“panel gorchmynion interim”) means a panel established by virtue of section 174(1)(c);

  • national” (“gwladolyn”), in relation to a relevant European State, has the meaning given by section 90(8);

  • register” (“cofrestr”) means the register kept under section 80;

  • registrar” (“cofrestrydd”) means a person appointed as registrar under section 81;

  • registration appeals panel” (“panel apelau cofrestru”) means a panel established by virtue of section 174(1)(a);

  • relevant European State” (“Gwladwriaeth Ewropeaidd berthnasol”) has the meaning given by section 90(8);

  • relevant social work” (“gwaith cymdeithasol perthnasol”) has the meaning given by section 79(4);

  • [F1“social care manager” (“rheolwr gofal cymdeithasol”) has the meaning given by section 79(1)(b);]

  • social care worker” (“gweithiwr gofal cymdeithasol”) has the meaning given by section 79;

  • social worker” (“gweithiwr cymdeithasol”) has the meaning given by section 79(1);

  • social worker part” (“rhan gweithwyr cymdeithasol”), in relation to the register, is to be interpreted in accordance with section 80(3);

  • F2...

  • [F1visiting European social care manager part” (“rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad”), in relation to the register, is to be interpreted in accordance with section 80(3);]

  • [F1visiting European social worker part” (“rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad”), in relation to the register, is to be interpreted in accordance with section 80(3).]

(2)See section 189 for provision about the interpretation of words and phrases applying to the whole Act.

Textual Amendments

Commencement Information

I2S. 66 in force at 3.4.2017 by S.I. 2017/309, art. 2(a) (with arts. 3, 4, Sch.)

PART 3 E+WSOCIAL CARE WALES

Continuation of the Care Council for Wales and its renamingE+W

67Social Care WalesE+W

(1)Section 54 of the Care Standards Act 2000 (c.14) is repealed.

(2)The body corporate called the Care Council for Wales which was established by that section is to continue in existence.

(3)But it is renamed, and is to be known as, Social Care Wales (referred to in this Act as “SCW”).

(4)Schedule 2 makes further provision about SCW.

Commencement Information

I3S. 67 in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

I4S. 67 in force at 3.4.2017 in so far as not already in force by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

SCW's objectivesE+W

68SCW's objectivesE+W

(1)SCW's main objective in carrying out its functions is to protect, promote and maintain the safety and well-being of the public in Wales.

(2)In pursuing that objective SCW must exercise its functions with a view to promoting and maintaining—

(a)high standards in the provision of care and support services,

(b)high standards of conduct and practice among social care workers,

(c)high standards in the training of social care workers, and

(d)public confidence in social care workers.

(3)See section 69 for the meaning of “care and support services” and section 79 for the meaning of “social care worker”.

Commencement Information

I5S. 68 in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

I6S. 68 in force at 3.4.2017 in so far as not already in force by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Advice and assistanceE+W

69Advice and assistance in relation to care and support servicesE+W

(1)SCW may give any person providing a care and support service advice or other assistance (including grants) for the purpose of encouraging improvement in the provision of that service.

(2)SCW may attach such conditions to a grant given under subsection (1) as it thinks appropriate.

(3)Care and support service” means—

(a)a regulated service, or

(b)any other service in Wales which involves the provision of care and support by social care workers.

(4)See section 2 for the meaning of “regulated service” and section 3 for the meaning of “care and support”.

Commencement Information

I7S. 69 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

70Studies as to economy, efficiency etc.E+W

SCW may promote or undertake comparative or other studies designed to enable it to make recommendations under section 69 for improving economy, efficiency and effectiveness in the provision of a care and support service.

Commencement Information

I8S. 70 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Engagement with the public etc.E+W

71Engagement with the public and social care workersE+W

(1)SCW must—

(a)make information about SCW and the exercise of its functions available to—

(i)the public, and

(ii)social care workers;

(b)prepare and publish a statement of its policy with respect to involving the public and social care workers in the exercise of those functions (whether by consultation or other means).

(2)SCW—

(a)may revise its statement of policy and must publish the revised statement, or

(b)may publish a new statement of policy.

(3)SCW must have regard to the most recent policy statement published under this section when exercising its functions.

Commencement Information

I9S. 71 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Policy with respect to bringing criminal proceedingsE+W

72Statement of policy with respect to bringing criminal proceedingsE+W

(1)SCW must prepare and publish a statement of its policy with respect to the bringing of criminal proceedings by it.

(2)SCW may—

(a)revise its statement of policy and publish the revised statement, or

(b)publish a new statement of policy.

(3)SCW must have regard to the most recent policy statement published under this section when exercising its functions.

Commencement Information

I10S. 72 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Rules made by SCW under this ActU.K.

73Rules: generalE+W

(1)Any power conferred on SCW by or under this Act to make rules must be exercised by an instrument in writing.

(2)An instrument containing rules must specify the provision under which the rules are made.

(3)To the extent that an instrument containing rules does not comply with subsection (2) it is void.

(4)Any power of SCW to make rules conferred by or under this Act may be exercised—

(a)so as to make different provision for different purposes;

(b)so as to make incidental, supplemental, consequential and transitional provision.

(5)SCW must—

(a)publish rules made by it, and

(b)ensure the rules are publicly available until such time as they cease to have effect.

(6)SCW may charge a fee for providing a person with a copy of rules made by it.

Commencement Information

I11S. 73(1)(2) in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

I12S. 73(1)(2) in force at 3.4.2017 in so far as not already in force by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

I13S. 73(3)-(6) in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

74Rules: feesE+W

(1)SCW may by rules make provision for the payment of fees to SCW in connection with the discharge of functions by—

(a)SCW;

(b)the registrar (see section 81).

(2)In particular, the rules may make provision for the payment of fees in connection with—

(a)the provision of advice or other assistance under section 69;

(b)registration in the register (see Part 4);

(c)the approval of courses under section 114 (approval of courses for persons who are or wish to become social care workers);

(d)the provision of training under section 116 (training provided or secured by SCW);

(e)the provision of copies of codes of practice or copies of, or extracts from, the register.

(3)But the rules may not make provision for the payment of fees in connection with registration in the visiting [F3European social worker part or visiting European social care manager part] of the register.

Textual Amendments

Commencement Information

I14S. 74 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Consultation before making rules etc.E+W

75Consultation before making rules etc.E+W

(1)SCW must comply with the requirements of subsection (2)—

(a)before making any rules under this Act;

(b)before publishing a code of practice under section 112 (codes setting standards of conduct expected of social care workers and their employers);

(c)before publishing guidance under section 162 (guidance for fitness to practise and interim orders panels in respect of proceedings under Part 6),

unless subsection (3) applies.

(2)Before making the rules or publishing the code or guidance SCW must—

(a)publish a draft of the proposed rules, code or guidance accompanied by—

(i)an explanation of the purpose of the proposed rules, code or guidance and a summary of the intended effect of the proposed rules, code or guidance;

(ii)a notice specifying the period within which representations may be made to SCW about the proposal, and

(b)take reasonable steps to give notice of the proposal and the period for making representations to—

(i)social care workers SCW thinks may be affected by the proposal,

(ii)the Welsh Ministers, and

(iii)such other persons SCW thinks appropriate.

(3)This subsection applies if SCW—

(a)is satisfied that the nature of the proposed rules, code or guidance is such that consultation would be inappropriate or disproportionate, and

(b)has obtained the agreement of the Welsh Ministers to proceed without consultation.

(4)Section 184 (service of documents etc.) does not apply to anything done by SCW under subsection (2).

Commencement Information

I15S. 75 in force at 11.7.2016 for specified purposes by S.I. 2016/713, art. 2

I16S. 75 in force at 3.4.2017 in so far as not already in force by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Guidance and directionsE+W

76GuidanceE+W

(1)In exercising its functions SCW must have regard to any guidance given to it by the Welsh Ministers.

(2)The Welsh Ministers must publish any guidance they give to SCW.

Commencement Information

I17S. 76 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

77DirectionsE+W

(1)In exercising its functions SCW must comply with any directions given to it by the Welsh Ministers.

(2)A direction—

(a)must be in writing;

(b)may be varied or revoked by a subsequent direction.

Commencement Information

I18S. 77 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Default powers of the Welsh MinistersE+W

78Default powers of the Welsh MinistersE+W

(1)The powers conferred by this section are exercisable by the Welsh Ministers if they are satisfied that SCW—

(a)has without reasonable excuse failed to discharge any of its functions, or

(b)in discharging any of its functions, has without reasonable excuse failed to comply with any directions given by the Welsh Ministers under section 77 in relation to those functions.

(2)The Welsh Ministers may—

(a)publish a statement declaring SCW to be in default, and

(b)direct SCW to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

(3)If SCW fails to comply with a direction given under subsection (2)(b), the Welsh Ministers may—

(a)discharge the functions to which the direction relates themselves, or

(b)make arrangements for any other person to discharge those functions on their behalf.

(4)A direction under subsection (2)(b)—

(a)must be in writing;

(b)may be varied or revoked by a subsequent direction.

Commencement Information

I19S. 78 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 4E+WSOCIAL CARE WORKERS

Meaning of “social care worker” etc.U.K.

79Meaning of “social care worker” etc.E+W

(1)In Parts 3 to 8 of this Act “social care worker” means a person who—

(a)engages in relevant social work (referred to in those Parts as a “social worker”);

(b)manages a place at or from which a regulated service is provided [F4(referred to in those Parts as a “social care manager”)];

(c)in the course of his or her employment with a service provider, provides care and support to any person in Wales in connection with a regulated service provided by that provider;

(d)under a contract for services, provides care and support to any person in Wales in connection with a regulated service provided by a service provider.

(2)The Welsh Ministers may by regulations—

(a)except persons of a specified description from the definition of social care worker in subsection (1);

(b)provide that persons of any of the descriptions in subsection (3), or categories of person falling within any of those descriptions, are to be treated as social care workers.

(3)The descriptions of person are—

(a)a person designated under Chapter 2 of Part 1 (registration etc. of service providers) as a responsible individual in respect of a place at, from or in relation to which a regulated service is provided;

(b)a person engaged in work for the purposes of a local authority's social services functions (within the meaning of the 2014 Act), or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;

(c)a person providing care and support which would, but for paragraph 8(2)(a) of Schedule 1, constitute the provision of a domiciliary support service;

(d)a person registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) as—

(i)a child minder, or

(ii)a provider of day care for children;

(e)a person who manages, or is employed in, an undertaking carrying on an employment business (within the meaning of section 13 of the Employment Agencies Act 1973 (c.35)) which supplies persons to provide care and support to any person in Wales;

(f)a person who manages, or is employed in, an undertaking carrying on an employment agency (within the meaning of the section mentioned in paragraph (e)) which provides services for the purpose of supplying persons to provide care and support to any person in Wales;

(g)a person undertaking a course approved by SCW under section 114 (courses for persons who are or wish to become social care workers);

(h)an inspector carrying out inspections of regulated services on behalf of the Welsh Ministers under Chapter 3 of Part 1 of this Act (information and inspections);

(i)an inspector carrying out inspections under section 161 of the 2014 Act (inspections in connection with local authority social services functions);

(j)a person employed in connection with the discharge of the functions of the Welsh Ministers under section 80 of the Children Act 1989 (c.41) (inspection of children's homes etc.);

(k)staff of the Welsh Government who inspect premises under—

(i)section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges), or

(ii)section 40 of the Children and Families (Wales) Measure 2010 (inspection of child minding and day care in Wales);

(l)a person who manages staff mentioned in paragraph (j) or (k).

(4)For the purposes of Parts 3 to 8 of this Act “relevant social work” means social work which is required in connection with any health, education or social services provided in Wales.

(5)See section 2 for the meaning of “regulated service” and section 3 for the meaning of “service provider” and “care and support”.

Textual Amendments

Commencement Information

I20S. 79 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

The registerU.K.

80The registerE+W

(1)SCW must keep a register of—

(a)social workers,

(b)social care workers of any other description specified by the Welsh Ministers by regulations, F5...

(c)visiting social workers from relevant European States (see section 90) [F6, and]

[F7(d)visiting social care managers from relevant European States (see section 90A).]

(2)There must be a separate part of the register—

(a)for social workers;

(b)for each description of social care worker specified in regulations made under subsection (1)(b);

(c)for visiting social workers from relevant European States.

[F8(d)for visiting social care managers from relevant European States.]

(3)For the purposes of Parts 3 to 8 of this Act—

(a)the part mentioned in subsection (2)(a) is the “social worker part” of the register;

(b)a part mentioned in subsection (2)(b) is an “added part” of the register;

(c)the part mentioned in subsection (2)(c) is the “visiting European [F9social worker] part” of the register.

[F10(d)the part mentioned in subsection (2)(d) is the “visiting European social care manager part” of the register.]

81Duty to appoint a registrarE+W

(1)SCW must appoint a registrar.

(2)A person appointed as registrar holds office on such terms and conditions as SCW thinks appropriate; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such a person.

(3)See paragraph 13 of Schedule 2 for further provision about SCW's staff.

Commencement Information

I22S. 81 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Registration in the social worker part or an added part of the registerE+W

82Application for registrationE+W

(1)An application for registration in the social worker part or an added part of the register is to be made to the registrar.

(2)An application under subsection (1) must specify each part of the register in which registration is sought.

Commencement Information

I23S. 82 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

83RegistrationE+W

(1)The registrar must grant an application made under section 82 if satisfied that—

(a)the application is made in the form and manner specified in rules made by SCW,

(b)the applicant has paid the fee (if any) specified in rules made by SCW under section 74, and

(c)the applicant meets the registration requirements.

(2)The registration requirements are that—

(a)the person is appropriately qualified (see section 84),

(b)the person's fitness to practise is not impaired on one or more of the grounds in section 117(1), and

(c)the person intends to practise the work of persons registered in the part of the register to which the application relates.

(3)For the purposes of subsection (2)(c) SCW may by rules specify—

(a)activities that are to be regarded as practising the work of persons registered in a part of the register;

(b)the criteria to be applied by the registrar for determining whether a person intends to practise.

Commencement Information

I24S. 83 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

“Appropriately qualified” E+W

84“Appropriately qualified”E+W

For the purposes of section 83 a person is appropriately qualified if—

(a)in the case of an application for registration as a social worker, the applicant—

(i)has successfully completed a course approved by SCW under section 114 for persons wishing to become social workers,

(ii)satisfies the requirements of section 85 (qualifications gained outside of Wales [F11– social workers] ), or

(iii)satisfies any requirements as to training which SCW may by rules impose;

[F12(aa)in the case of an application for registration as a social care manager, the applicant—

(i)has successfully completed a course approved by SCW under section 114 for persons wishing to become social care managers,

(ii)satisfies the requirements of section 85A (qualifications gained outside Wales – social care managers), or

(iii)satisfies any requirements as to training which SCW may by rules impose in relation to social care managers;]

(b)in the case of an applicant for registration as a social care worker of any other description, the applicant—

(i)has successfully completed a course approved by SCW under section 114 for persons wishing to become a social care worker of that description, or

(ii)satisfies any requirements as to training which SCW may by rules impose in relation to social care workers of that description.

Textual Amendments

Commencement Information

I25S. 84 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

85Qualifications gained outside Wales [F13– social workers] E+W

(1)An applicant for registration in the social worker part of the register satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).

(2)An applicant for registration in the social worker part of the register satisfies the requirements of this section if—

(a)the applicant has, elsewhere than in Wales, undergone training in social work, and

(b)either—

(i)that training is recognised by SCW as being to a standard sufficient for such registration, or

(ii)it is not so recognised, but the applicant has undergone such additional training as SCW may require (whether undergone in Wales or elsewhere).

Textual Amendments

Commencement Information

I26S. 85 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

[F1485A. Qualifications gained outside Wales – social care managersE+W

An applicant for registration as a social care manager in an added part of the register satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social care manager in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).]

Textual Amendments

Commencement Information

I27S. 85A in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Renewal of registration in the social worker part or an added part of the registerE+W

86Renewal of registrationE+W

(1)SCW may by rules—

(a)provide that an entry in the social worker part or in an added part of the register has effect only for a period specified in the rules, and

(b)make provision for the renewal of such an entry in the register.

(2)Where rules have been made under subsection (1), the registrar must, on the application of the person to whom the entry relates, grant an application for renewal if—

(a)the application is made in the form and manner specified by rules made by SCW,

(b)the applicant has paid the fee (if any) specified in rules made by SCW under section 74, and

(c)the registrar is satisfied that the applicant meets the renewal requirements.

(3)The renewal requirements are that—

(a)the applicant has met any requirements to undertake further training imposed by rules made under section 113 (continuing professional development), and

(b)the applicant intends to practise the work to which his or her application for renewal relates.

(4)Rules made under section 83(3) (criteria for registrar's determinations about an applicant's intention to practise) may include provision about a registrar's determination under subsection (3)(b) of this section.

Commencement Information

I28S. 86 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

87Lapse of registrationE+W

(1)A person's registration in the social worker part or an added part of the register lapses at the end of the period specified by SCW in rules under section 86(1)(a) if the person has not renewed his or her registration in accordance with rules made by SCW under section 86(1)(b).

(2)But a person's registration does not lapse under subsection (1) if subsection (3) applies to the person.

(3)This subsection applies to a person—

(a)who is the subject of any proceedings under Part 6, including preliminary consideration or investigation under Chapter 2 of that Part, which relate to the person's fitness to practise the work to which his or her registration relates (“the relevant work”);

(b)in respect of whom a decision has been made relating to the relevant work which may be appealed against under section 158 (appeals against decisions of fitness to practise panel);

(c)in respect of whom a conditional registration order relating to the relevant work has effect under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c);

(d)in respect of whom a suspension order relating to the relevant work has effect under section 138(8), 152(8)(d), 153(9)(c), 154(6), (7) or (10) or 155(9);

(e)in respect of whom an interim order relating to the relevant work has effect under section 144 or 147.

(4)Subsection (2) ceases to apply to a person described in subsection (3)(b)—

(a)at the end of the period specified in section 158(3) during which an appeal may be made, or

(b)where an appeal is made before the end of that period, at the determination of the appeal.

(5)A person whose registration in the social worker part or an added part of the register would have lapsed under subsection (1) but for subsection (2) is to be treated as not being registered in the relevant part of the register for all purposes other than those mentioned in subsection (6), despite the fact that the person's name continues to appear in it.

(6)The person is to be treated as registered for the purposes of any proceedings under Part 6 (including preliminary consideration or investigation under Chapter 2) which relate to the person's fitness to practise the relevant work.

Commencement Information

I29S. 87 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Dealing with applications for registration or renewalE+W

88Rules about applications for registration or renewalE+W

(1)SCW must by rules make provision about how the registrar is to determine under section 83 whether a person's fitness to practise is impaired on any of the grounds in section 117(1).

(2)Rules under subsection (1) may, in particular—

(a)require a person making an application for registration to provide information for the purpose of the registrar's determination;

(b)provide that the information is to be provided to the registrar by means of a written declaration by the person making the application.

(3)SCW must also by rules make provision about the procedure to be followed by the registrar in dealing with—

(a)applications for registration in a part of the register, and

(b)where rules under section 86 provide for the renewal of an entry in the register, applications for renewal.

(4)Rules under subsection (3) may, in particular, make provision about—

(a)the period within which an application for registration or renewal of registration must be acknowledged;

(b)the information that must be provided by the registrar in response to an application;

(c)the period within which a notice under section 89 will be given;

(d)the information in support of an application that may be required by the registrar and the procedure to be followed by the registrar in requesting that information;

(e)circumstances in which the registrar may determine that an application has not been successful on the grounds that the person who made the application has failed to provide information required by the registrar within a period specified by the registrar;

(f)circumstances in which a fee for registration and, if relevant, renewal will be charged and circumstances in which such a fee may be reduced or waived.

Commencement Information

I30S. 88 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

89Notice of decisions in respect of registration or renewalE+W

(1)Subsection (2) applies where the registrar decides to—

(a)grant an application for registration, or

(b)grant an application for renewal of registration.

(2)The registrar must give the person to whom the application relates notice of the decision.

(3)Subsection (4) applies where the registrar decides to—

(a)refuse an application for registration, or

(b)refuse an application for renewal of a person's registration.

(4)The registrar must give the person to whom the decision relates notice—

(a)of the decision,

(b)of the reasons for the decision, and

(c)of the right of appeal under section 101.

Commencement Information

I31S. 89 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Visiting social workersE+W

90Visiting social workers from relevant European StatesE+W

(1)This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom.

(2)Subsection (3) applies if V has the benefit of regulation [F1512] of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker).

(3)V is entitled to be registered in the visiting [F16European social worker part] of the register, and the registrar must give effect to the entitlement.

(4)If V is entitled under subsection (3) to be registered in the visiting [F16European social worker part] of the register but is not registered in that part, V is to be treated as having been registered in that part.

(5)V's entitlement under subsection (3) ends if V ceases, whether as a result of the operation of regulation [F1724] of the General Systems Regulations or otherwise, to have the benefit of regulation [F1812] of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis.

(6)If V is registered in the visiting [F16European social worker part] of the register, the registrar may remove V from that part if V's entitlement under subsection (3) ends by reason of the operation of subsection (5).

(7)Subsections (1) to (6) do not prevent sections 92 to 94 of this Part or Part 6 (fitness to practise) from applying to persons registered in the visiting [F16European social worker part] of the register.

(8)For the purposes of Parts 3 to 8 of this Act—

  • exempt person” (“person esempt”) means—

    (a)

    a national of a relevant European State other than the United Kingdom,

    (b)

    a national of the United Kingdom who is seeking to engage in relevant social work in Wales [F19, or to engage in work as a social care manager in Wales,] by virtue of an enforceable EU right, or

    (c)

    a person who is not a national of a relevant European State but who is, by virtue of an enforceable EU right, entitled to be treated, as regards the right to engage in relevant social work in Wales, [F20or as regards the right to engage in work as a social care manager in Wales,] no less favourably than a national of a relevant European State;

  • [F21“the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);]

  • national” (“gwladolyn”), in relation to a relevant European State, means the same as in the EU Treaties, but does not include a person who by virtue of Article 2 of Protocol No 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from EU provisions relating to the free movement of persons and services;

  • relevant European State” (“Gwladwriaeth Ewropeaidd berthnasol”) means an EEA State or Switzerland.

[F2290A. Visiting social care managers from relevant European StatesE+W

(1)This section applies to an exempt person (“X”) who is lawfully established as a social care manager in a relevant European State other than the United Kingdom.

(2)Subsection (3) applies if X has the benefit of regulation 12 of the General Systems Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis (X having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by X of services as a social care manager).

(3)X is entitled to be registered in the visiting European social care manager part of the register, and the registrar must give effect to the entitlement.

(4)If X is entitled under subsection (3) to be registered in the visiting European social care manager part of the register but is not registered in that part, X is to be treated as having been registered in that part.

(5)X’s entitlement under subsection (3) ends if X ceases, whether as a result of the operation of regulation 24 of the General Systems Regulations or otherwise, to have the benefit of regulation 12 of those Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis.

(6)If X is registered in the visiting European social care manager part of the register, the registrar may remove X from that part if X’s entitlement under subsection (3) ends by reason of the operation of subsection (5).

(7)Subsections (1) to (6) do not prevent sections 92 to 94 or Part 6 (social care workers: fitness to practice) from applying to persons registered in the visiting European social care manager part of the register.]

Textual Amendments

Commencement Information

I33S. 90A in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Information to be contained on the registerU.K.

91Content of the registerU.K.

(1)An entry in the register in respect of a person must show the following information—

(a)the date on which the person was entered onto the register;

(b)the person's qualifications to practise work of the kind to which his or her registration relates;

(c)such other qualifications, knowledge or experience relevant to the person's registration as may be prescribed;

(d)such information relating to the person's fitness to practise as may be prescribed.

(2)SCW may by rules require or authorise the registrar—

(a)to include in an entry in the register information not required by virtue of subsection (1);

(b)to remove from an entry in the register information of a kind specified in the rules.

(3)Rules under subsection (2) may not require or authorise the registrar to record information relating to a person's physical or mental health.

Commencement Information

I34S. 91 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Removal of entries from the registerE+W

92Removal by agreementE+W

(1)SCW must by rules make provision for the removal of an entry from a part of the register on the application of the person to whom the application relates.

(2)Rules under this section must include provision about—

(a)the circumstances in which a person may make an application for an entry to be removed from a part of the register;

(b)the manner in which an application may be made;

(c)the criteria by reference to which a decision to grant or refuse an application may be made;

(d)the procedure for giving notice of a decision in respect of an application.

(3)The rules may authorise or require SCW to refer an application under this section to a fitness to practise panel for determination.

Commencement Information

I35S. 92 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

93Death of a registered personE+W

(1)Where a person registered in a part of the register has died, the registrar must within the specified period remove the entry relating to that person from the register.

(2)In subsection (1) “specified” means specified by rules made by SCW.

Commencement Information

I36S. 93 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

94Entries based on false or misleading informationE+W

(1)If the registrar is satisfied that an entry in a part of the register, or an annotation to an entry, has been included on the register on the basis of false or misleading information, the registrar may remove the entry or annotation from the register.

(2)Subsection (3) applies where the registrar thinks—

(a)that an entry, or an annotation to an entry, in the register may have been included on the register on the basis of false or misleading information,

(b)the registered person's fitness to practise may be impaired, and

(c)an interim order may be necessary for the protection of the public.

(3)The registrar may refer the matter to an interim orders panel.

(4)Where the registrar decides to remove an entry in respect of a person from the register under this section the registrar must give notice to the person of—

(a)the decision,

(b)the reasons for the decision, and

(c)the right of appeal conferred by section 101.

Commencement Information

I37S. 94 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Restoring an entry to the registerE+W

95Duty to restore a register entryE+W

If the registrar is satisfied that an entry, or an annotation to an entry, has been removed from the register in error, the registrar must restore that entry or annotation to the register.

Commencement Information

I38S. 95 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

96Power to restore a register entryE+W

(1)This section applies where an entry is removed from the register under—

(a)section 92 (removal by agreement);

(b)section 94 (entries based on false or misleading information).

(2)The registrar may, on the application of the person to whom the entry related, restore the entry to the register.

(3)The registrar may grant an application for restoration under this section only if satisfied that the applicant meets the registration requirements specified in section 83(2).

(4)The registrar must give notice to the applicant as to whether his or her application has been granted.

(5)If the application for restoration is not granted the registrar must also give the applicant notice of—

(a)the reasons for the decision, and

(b)any right of appeal in connection with the decision.

Commencement Information

I39S. 96 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

97Restoration following fitness to practise proceedingsE+W

(1)This section applies where a fitness to practise panel has made a removal order under—

(a)section 138(9) (disposal following a finding of impairment);

(b)section 152(8)(e) (decisions following review of undertakings);

(c)section 153(9)(d) (decisions on review of conditional registration orders);

(d)section 154(8)(d) (decisions on review of suspensions orders).

(2)Subject to subsection (3), the person to whom the order relates may make an application to the registrar for the entry in respect of the person to be restored to the register (but see section 98(4) for provision about circumstances in which a registration appeals panel may prevent a person making such an application).

(3)The person to whom the order relates may not—

(a)make an application for restoration before the expiry of the period of 5 years beginning with the date on which the order was made, or

(b)make more than one application for restoration to the register within a period of 12 months.

(4)The registrar must refer an application made under subsection (2) to a registration appeals panel for determination (see section 98).

(5)Where a registration appeals panel has given a direction under section 98(4) (suspension of the right to apply for restoration)—

(a)the person in respect of whom the direction is given may make an application to the registrar for a review of the direction, and

(b)the registrar must refer the application to a registration appeals panel for determination.

(6)A person may not make an application under subsection (5)(a)—

(a)before the expiry of the period of 3 years beginning with the date on which the direction is given, or

(b)within the period of 3 years beginning with the date of a previous application for review.

Commencement Information

I40S. 97 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

98Restoration proceedingsE+W

(1)Where the registrar has referred an application for restoration of a person's (“P”) entry in a part of the register to a registration appeals panel under section 97(4), the panel must—

(a)determine that the entry in respect of P is to be restored to the relevant part of the register, or

(b)determine that the entry in respect of P must not be restored to that part of the register.

(2)The registrar must give P notice of the panel's determination.

(3)If the panel makes a determination under subsection (1)(b) the registrar must also give notice to P of—

(a)its reasons for making the determination, and

(b)any right of appeal in connection with the determination.

(4)If—

(a)P has made two or more applications under section 97(2) for restoration to the same part of the register, and

(b)a registration appeals panel, on the second or any subsequent application, refuses restoration to that part of the register under subsection (1)(b),

the panel may direct that P may not make further applications under section 97(2) for restoration to that part of the register.

(5)If the registration appeals panel gives a direction under subsection (4), the registrar must give notice to P of—

(a)that direction, and

(b)P's right to appeal under section 104.

(6)If a registration appeals panel makes a determination under subsection (1)(a) the panel must direct the registrar to restore P's entry to the register.

Commencement Information

I41S. 98 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

99Review of suspension of right to apply for restorationE+W

(1)Subsection (2) applies where—

(a)a registration appeals panel has given a direction under section 98(4) in respect of P (suspension of the right to apply for restoration), and

(b)a referral for the review of the direction has been made by the registrar under section 97(5)(b).

(2)A registration appeals panel must review the direction, and may confirm or revoke it.

(3)The registrar must give P notice of the panel's decision on review.

(4)Where the panel confirms the direction, the registrar must also give P notice of—

(a)the panel's reasons for confirming the direction, and

(b)the right of appeal under section 104.

Commencement Information

I42S. 99 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

100Rules about applications under section 96 and 97E+W

(1)SCW must by rules make provision about the procedure in connection with an application for—

(a)restoration under section 96 or 97;

(b)review of a direction given under section 98(4) (suspension of a right to apply for restoration).

(2)The rules may, in particular, make provision about—

(a)the form and manner in which an application may be made;

(b)the information to be provided in support of an application;

(c)the period within which an application may be made;

(d)the period within which any notice required to be given by the registrar must be provided;

(e)circumstances in which an application for restoration under section 96 may be referred to a registration appeals panel for determination;

(f)the criteria by reference to which a registration appeals panel is to determine whether or not an entry is to be restored or a direction is to be confirmed or revoked;

(g)circumstances in which a fee will be charged for making an application to restore an entry to the register and circumstances in which such a fee may be reduced or waived.

Commencement Information

I43S. 100 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Appeals to a registration appeals panelE+W

101Appeals against decisions of the registrarE+W

(1)A person may appeal to a registration appeals panel against a decision by the registrar—

(a)under section 83 not to grant the person's application for registration;

(b)under section 86 not to grant the person's application for renewal of his or her registration;

(c)to remove an entry in respect of the person from the register under section 94;

(d)under section 96 not to grant the person's application for restoration of his or her entry to the register.

(2)But a person may not appeal against a decision mentioned in subsection (1)(a), (b) or (d) if the decision was taken by reason only that the person failed to—

(a)pay any fee required by SCW in connection with the application,

(b)make the application in the form and manner required by SCW, or

(c)provide documents or information in support of the application as required by the registrar.

Commencement Information

I44S. 101 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

102Appeals to the registration appeals panel: procedureE+W

(1)An appeal under section 101 must be made by giving notice of appeal to the registrar.

(2)The notice must be given before the end of the period of 28 days beginning with the relevant day.

(3)But the registrar may allow an appeal to be made after the end of the period mentioned in subsection (2) if satisfied that there are good reasons for a failure to give notice before the end of that period (and for any delay in giving notice out of time).

(4)In subsection (2) “relevant day” means—

(a)in the case of a decision mentioned in section 101(1)(a) or (b), the day on which notice of the decision is given under section 89,

(b)in the case of a decision mentioned in section 101(1)(c), the day on which notice of the decision is given under section 94, and

(c)in the case of a decision mentioned in section 101(1)(d), the day on which notice of the decision is given under section 96.

Commencement Information

I45S. 102 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

103Decisions on appeal to the registration appeals panelE+W

On an appeal under section 101 a registration appeals panel may—

(a)confirm the registrar's decision,

(b)substitute for the decision appealed against another decision of a kind that the registrar could have made, or

(c)remit the case to the registrar to dispose of in accordance with the directions of the panel.

Commencement Information

I46S. 103 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Appeals to the tribunalE+W

104Appeals against decisions of a registration appeals panelE+W

(1)This section applies where a registration appeals panel—

(a)makes a determination under section 98(1)(b) that an entry in the register should not be restored for a reason that relates to the person's fitness to practise;

(b)directs under section 98(4) that a person may not make further applications for restoration to a part of the register, or confirms such a direction under section 99(2);

(c)makes a determination in respect of an application for restoration referred to it by virtue of rules made under section 100(2)(e) for a reason that relates to the person's fitness to practice;

(d)makes a determination under section 103 in respect of an appeal against a decision of the registrar.

(2)The person to whom the panel's decision relates may appeal against it to the tribunal.

(3)An appeal under this section must be brought before the end of the period of 28 days beginning with the date of the panel's decision.

(4)But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(5)On an appeal under this section, the tribunal may—

(a)confirm the decision,

(b)substitute for the panel's decision another decision which the panel could have made, or

(c)remit the case to SCW to dispose of in accordance with the directions of the tribunal.

Commencement Information

I47S. 104 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

105Other appeals: decisions made under the General Systems RegulationsE+W

(1)This section applies where SCW has made a decision—

(a)under regulation [F2313(2)] of the General Systems Regulations as to whether a person is providing services as a social worker in the United Kingdom [F24or as a social care manager in the United Kingdom] on a temporary and occasional basis, F25...

(b)under Part 3 of those Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part, to have access to, and to pursue, the profession of social worker in the United Kingdom [F26or the profession of social care manager in the United Kingdom] [F27, or]

[F28(c)under regulation 67 of those Regulations to send an alert about a person.]

(2)The person to whom the decision relates may appeal against it to the tribunal.

(3)An appeal under subsection (2) must be brought before the end of the period of 28 days beginning with the date the person was notified by SCW of the decision.

(4)But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of the period (and for any delay in applying for permission to appeal out of time).

(5)On an appeal under this section, the tribunal may—

(a)confirm the decision,

(b)substitute for the decision appealed against another decision that SCW could have made [F29or, in the case of an appeal from a decision falling within subsection (1)(c), direct that the alert be withdrawn or amended], or

(c)remit the case to SCW to dispose of in accordance with the directions of the tribunal.

Notifying the registrar of changes to information etc.E+W

106Duty to notify the registrar of changes to registration informationE+W

(1)SCW must by rules require a person registered in a part of the register to give notice to the registrar of changes to the information recorded in the register in respect of that person.

(2)Rules under subsection (1) may, in particular, include provision about—

(a)the changes to be notified,

(b)the manner in which and the time within which a notice must be given, and

(c)the consequences of failing to comply with any requirements contained in the rules (which may include referral of the matter to a fitness to practise panel).

Commencement Information

I49S. 106 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

107Requests for information relating to fitness to practiseE+W

(1)SCW may by rules authorise the registrar to make requests for information from persons registered in any part of the register which relates to their fitness to practise.

(2)The rules may, in particular, make provision about—

(a)the manner and form in which a request is to be made;

(b)the frequency of requests;

(c)the information which may and may not be requested by the registrar;

(d)the consequences of a failure to comply with a request (which may include referral of the matter to a fitness to practise panel).

Commencement Information

I50S. 107 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Duty to publish the register etc.E+W

108Publication etc. of the registerE+W

(1)SCW must publish the register in such manner, and at such times, as it thinks appropriate.

(2)SCW must comply with any reasonable request made by a person for a copy of, or an extract from, the register.

Commencement Information

I51S. 108 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

109Publication of certain registration appeal panel decisionsE+W

(1)SCW must publish the following decisions—

(a)a decision of a registration appeals panel under section 98(1)(b) not to restore a person to the register;

(b)a decision of a registration appeals panel under section 98(4) that a person may not make further applications for restoration to the register.

(2)But SCW must not publish any information about a person's physical or mental health.

Commencement Information

I52S. 109 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

110List of persons removed from the registerE+W

(1)SCW must keep a list of persons whose entries in the register have been removed in circumstances to which this section applies.

(2)This section applies where a person is subject to a removal order made by a fitness to practise panel under—

(a)section 138(9) (disposal following a finding of impairment of fitness to practise), or

(b)section 152(8)(e), 153(9)(d) or 154(8)(d) (disposal in a review case following a finding of impairment of fitness to practise).

(3)An entry may not be made in the list relating to a person subject to such a removal order until the decision has taken effect under section 141(5) or 157(6) (as the case may be).

(4)This section also applies where a person is subject to an order for removal by agreement made by a fitness to practise panel under—

(a)section 135 (removal from register on consensual basis), or

(b)section 152(2), 153(2), 154(2), or 155(5) (disposal in a review case).

(5)Where a person is subject to such an order for removal by agreement the list must give details of the statement of facts agreed under section 135(2) or 150(2) (as the case may be).

(6)The Welsh Ministers may by regulations make provision about—

(a)the form and content of the list;

(b)the publication of the list or specified information from the list;

(c)circumstances in which an entry relating to a person must be removed from the list.

Commencement Information

I53S. 110 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

Protection of title “social worker” etc.U.K.

111Use of title “social worker” etc.E+W

(1)It is an offence for a person in Wales who is not registered in a relevant register as a social worker to—

(a)take or use the title of social worker,

(b)take or use any title or description implying registration as a social worker, or

(c)pretend to be a social worker in any other way,

with intent to deceive another.

(2)It is an offence for a person in Wales who is not registered in a relevant register as a social care worker of such other description as may be prescribed to—

(a)take or use the title of that description of social care worker,

(b)take or use any title or description implying registration as such a social care worker, or

(c)pretend to be such a social care worker in any other way,

with intent to deceive another.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine.

(4)For the purposes of this section a register is a “relevant register” if it is a register kept by⁠—

(a)SCW,

(b)the Health and Care Professions Council,

(c)the Scottish Social Services Council, or

(d)the Northern Ireland Social Care Council.

(5)The Welsh Ministers may amend subsection (4) by regulations.

Commencement Information

I54S. 111 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

PART 5 U.K.SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION ETC.

112Codes of practiceE+W

(1)SCW must prepare and from time to time publish codes of practice setting—

(a)standards of conduct and practice expected of social care workers;

(b)standards of conduct and practice expected of persons employing or seeking to employ social care workers.

(2)The codes may make different provision in respect of different categories of social care worker.

(3)The codes may also set standards of conduct and practice expected of social workers when carrying out the functions of an approved mental health professional (within the meaning of section 114 of the Mental Health Act 1983 (c.20)).

(4)SCW must—

(a)keep the codes under review, and

(b)vary their provisions whenever it thinks it appropriate to do so.

(5)Where a person registered in any part of the register is alleged to have failed to comply with any standard contained in a code made under this section, that failure—

(a)is not, of itself, to be taken to constitute deficient performance as a social care worker or serious misconduct for the purposes of section 117 (fitness to practise), but

(b)may be taken into account in proceedings under this Act which relate to the person's fitness to practise.

(6)A local authority making any decision about the conduct of any social care workers it employs must, if directed to do so by the Welsh Ministers, take into account any code published by SCW under this section.

Commencement Information

I55S. 112 in force at 3.4.2017 by S.I. 2017/309, art. 2(d) (with arts. 3, 4, Sch.)

113Continuing professional developmentE+W

(1)SCW may make rules requiring persons registered in any part of the register to undertake further training.

(2)The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by SCW under subsection (1), including provision for referrals to a fitness to practise panel.

(3)Subsection (1), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European [F30social worker part of the register, or as a social care manager only in the visiting European social care manager part of the register,] has effect subject to subsection (4).

(4)Rules made under subsection (1)—

(a)may not impose requirements on P if P is required to undertake, in P's home State, further training in relation to the profession of social worker [F31or social care manager], but

(b)where they impose requirements on P—

(i)must take into account of the fact that P is a fully qualified social worker [F31or social care manager] in P's home State, and

(ii)must specify that training which P is required to undertake may be undertaken outside the United Kingdom.

(5)In subsection (4) “home State”, in relation to P, means the relevant European State in which P is lawfully established as a social worker [F32or social care manager].

Textual Amendments

Commencement Information

I56S. 113 in force at 3.4.2017 by S.I. 2017/309, art. 2(d) (with arts. 3, 4, Sch.)

114Approval of courses etc.E+W

(1)SCW may, in accordance with rules made by it—

(a)approve courses in relevant social work for persons who are or wish to become registered in the social worker part of the register;

(b)approve courses in the work practised by persons registered in an added part of the register for persons who are or wish to become registered in that part of the register;

(c)approve courses in the work practised by persons who are or wish to become social care workers of a description which is not specified in or under section 80(1).

(2)An approval given under this section may be subject to such conditions as SCW thinks appropriate.

(3)Rules made by virtue of this section may, in particular, make provision—

(a)about the content of, and methods of completing, courses;

(b)as to the provision of information to SCW about courses;

(c)as to the persons who may undertake courses, or parts of courses specified in the rules;

(d)as to the numbers of persons who may undertake courses;

(e)for the award by SCW of certificates of the successful completion of courses;

(f)about the lapse and renewal of approvals;

(g)about the withdrawal of approvals.

(4)SCW may—

(a)conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 116;

(b)carry out, or assist other persons in carrying out, research into matters relevant to training for social care workers of any description.

(5)A course must not be approved by SCW under this section unless SCW thinks that the course will enable persons completing it to attain the required standard of proficiency in social care work.

(6)In subsection (5) “the required standard of proficiency in social care work” means the standard described in rules made by SCW.

(7)SCW must maintain and publish a list of the courses it has approved under this section.

Commencement Information

I57S. 114 in force at 3.4.2017 by S.I. 2017/309, art. 2(d) (with arts. 3, 4, Sch.)

115Inspections in connection with certain coursesE+W

(1)SCW may by rules make provision for the inspection of places at which or institutions by which or under whose direction—

(a)any relevant course (or part of such a course) is, or is proposed to be, given, or

(b)any examination is, or is proposed to be, held in connection with any relevant course.

(2)The rules may make provision—

(a)for the appointment of persons to carry out inspections (“inspectors”);

(b)for reports to be made by inspectors on—

(i)the nature and quality of the instruction given, or to be given, and the facilities provided, or to be provided, at the place or by the institution visited;

(ii)such other matters as may be specified in the rules;

(c)for the payment by SCW of fees, allowances and expenses to persons appointed as inspectors;

(d)for such persons to be treated, for the purposes of Schedule 2, as members of the SCW's staff.

(3)In subsection (1) “relevant course”, in relation to SCW, means—

(a)any course for which approval by SCW has been given, or is being sought, under section 114, or

(b)any training which a person admitted to a part of the register may, by virtue of rules made under section 113(1), be required to undergo after registration.

Commencement Information

I58S. 115 in force at 3.4.2017 by S.I. 2017/309, art. 2(d) (with arts. 3, 4, Sch.)

116Other functions of SCW in respect of education and trainingE+W

(1)If it appears to SCW that adequate provision is not being made for training persons who are or wish to become social care workers of any description, SCW may provide, or secure the provision of, courses for that purpose.

(2)SCW may also, upon such terms and subject to such conditions as it thinks appropriate—

(a)make grants, and pay travelling and other allowances, to persons resident in Wales in order to secure their training in the work of social care workers of any description;

(b)make grants to organisations providing training in the work of social care workers of any description.

Commencement Information

I59S. 116 in force at 3.4.2017 by S.I. 2017/309, art. 2(d) (with arts. 3, 4, Sch.)

PART 6 E+WSOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 1E+WGROUNDS OF IMPAIRMENT

117Fitness to practiseE+W

(1)A person's fitness to practise may be regarded as impaired for the purposes of this Part and Part 4 by reason only of one or more of the following grounds—

(a)deficient performance as a social care worker;

(b)serious misconduct (whether as a social care worker or otherwise);

(c)the inclusion of the person in a barred list;

(d)a determination by a relevant body to the effect that the person's fitness to practise is impaired;

(e)adverse physical or mental health;

(f)a conviction or caution in the United Kingdom for a criminal offence, or a conviction or caution elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence.

(2)For the purposes of subsection (1)(a) “deficient performance as a social care worker” may include—

(a)an instance of negligence,

(b)a breach of an undertaking agreed with SCW under this Act, and

(c)a breach of an undertaking agreed with a fitness to practise panel under this Act.

(3)In subsection (1)(c) “barred list” means—

(a)a list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47);

(b)a list kept under section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);

(c)a list maintained under article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351).

(4)In subsection (1)(d) “relevant body” means—

(a)the Health and Care Professions Council;

(b)the Nursing and Midwifery Council;

(c)the Scottish Social Services Council;

(d)the Northern Ireland Social Care Council;

(e)a body outside of the United Kingdom which is responsible for the regulation of activities which would, in Wales, be regulated by SCW;

(f)a prescribed body.

(5)A person's fitness to practise may be regarded as impaired by reason of matters arising or incidents occurring—

(a)whether inside or outside of Wales;

(b)whether or not the person was registered on the register at the time;

(c)whether before or after this section comes into force.

(6)The Welsh Ministers may by regulations amend subsection (1) for the purpose of adding, modifying or removing a ground of impairment.

Commencement Information

I60S. 117 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

CHAPTER 2E+WPRELIMINARY PROCEDURES

Preliminary consideration of allegations etc.E+W

118Referral of allegations etc. of impaired fitness to practiseE+W

(1)This section applies where—

(a)an allegation is made to SCW that a registered person's fitness to practise is impaired, or

(b)SCW otherwise has reason to believe that a registered person's fitness to practise may be impaired.

(2)SCW—

(a)must refer for preliminary consideration the matter which is the subject of the allegation or its reason to believe that the registered person's fitness to practise may be impaired, and

(b)may refer the matter to an interim orders panel (see Chapter 4).

Commencement Information

I61S. 118 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

119Preliminary considerationE+W

(1)The person giving preliminary consideration to a matter referred by SCW must refer that matter for investigation under section 125 unless—

(a)the person determines that the matter is not eligible for onward referral under section 120, or

(b)the person is required by section 121 to refer the matter directly to a fitness to practise panel.

(2)The person giving preliminary consideration to a matter may, at any stage, refer the matter to an interim orders panel (in addition to making a referral or determination under subsection (1)).

(3)SCW must by rules make provision about the procedure for preliminary consideration which may, in particular, provide for preliminary consideration to be carried out by—

(a)one or more persons appointed for that purpose, on such terms and conditions (including remuneration) as SCW may determine;

(b)one or more members of SCW's staff.

(4)But rules made under subsection (3) may not provide for preliminary consideration to be carried out by—

(a)a person who is a member of—

(i)SCW,

(ii)the Health and Care Professions Council,

(iii)the Scottish Social Services Council, or

(iv)the Northern Ireland Social Care Council;

(b)a person who is a member of a fitness to practise panel;

(c)a person who is a member of an interim orders panel;

(d)a prescribed person.

(5)SCW must make such arrangements as it thinks appropriate to facilitate co-operation between—

(a)a person who has made an allegation that a registered person's fitness to practise is impaired, and

(b)the person giving preliminary consideration to the allegation.

Commencement Information

I62S. 119 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

120Eligibility for onward referralE+W

(1)A matter is eligible for onward referral unless—

(a)the matter relates to conduct or an incident which occurred 5 years or more before the relevant date and none of the exceptions in subsection (4) apply,

(b)the person appointed to give the matter preliminary consideration thinks the allegation is vexatious, or

(c)where an allegation has been made anonymously, or by a person who fails to co-operate with the preliminary consideration procedure, the person appointed to give the matter preliminary consideration is unable to verify it.

(2)In subsection (1) the reference to onward referral is a reference to—

(a)referral to a fitness to practise panel under section 121, or

(b)referral for investigation under section 125.

(3)In subsection (1)(a) “relevant date” means—

(a)the date of the allegation under section 118(1)(a), or

(b)where an allegation has not been made under that section, the date on which SCW first became aware of the matter.

(4)For the purposes of subsection (1)(a) the exceptions are—

(a)the matter relates to a registered person's conviction for a relevant criminal offence;

(b)the matter relates to the inclusion of the registered person in a barred list (as defined in section 117);

(c)the matter relates to a determination by a relevant body (as defined by section 117) to the effect that a registered person's fitness to practise is impaired;

(d)the person giving the matter preliminary consideration thinks that it is in the public interest for the matter to be referred for investigation.

(5)For the purposes of subsection (4)(a) and section 121, a relevant criminal offence is—

(a)in the case of a conviction by a court in the United Kingdom, an offence in respect of which a custodial sentence was, or could have been, imposed, or

(b)in the case of a conviction by a court elsewhere, an offence in respect of which, had the offence been committed in England and Wales a custodial sentence could have been imposed.

(6)In subsection (5) “custodial sentence” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).

Commencement Information

I63S. 120 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

121Direct referral to a fitness to practise panelE+W

A person giving preliminary consideration to a matter must refer it directly to a fitness to practise panel—

(a)if the matter relates to the conviction of a registered person for a relevant criminal offence (see section 120(5)), and

(b)in such other circumstances as may be specified by SCW in rules.

Commencement Information

I64S. 121 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

122Notice: ineligibility for onward referralE+W

(1)This section applies where a person giving preliminary consideration to a matter determines that the matter is not eligible for onward referral under section 120(1).

(2)SCW must give notice of the determination to the relevant persons, unless SCW thinks that it is not in the public interest to do so.

(3)For the purposes of subsection (2) “the relevant persons” are—

(a)the registered person to whom the matter relates, and

(b)where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation.

(4)SCW may give notice to any other person that a matter is not eligible for onward referral where it is satisfied that it is in the public interest to do so.

(5)SCW may by rules make provision about—

(a)the content of a notice under this section, and

(b)the procedure for giving notice.

Commencement Information

I65S. 122 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

123Notice: onward referralE+W

(1)This section applies where, on conclusion of a preliminary consideration under section 119, a matter is referred—

(a)to a fitness to practise panel under section 121, or

(b)for investigation under section 125.

(2)SCW must give notice to—

(a)the registered person to whom the matter relates;

(b)where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation;

(c)each person by whom, to the knowledge of SCW, the registered person is employed as a social care worker;

(d)each person who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker;

(e)such other persons as may be prescribed.

(3)SCW must by rules make provision about giving notice under subsection (2).

(4)The rules may, in particular, make provision about—

(a)the content of a notice;

(b)the procedure for giving notice;

(c)the period within which notice must be given.

Commencement Information

I66S. 123 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

124Notice: referral to an interim orders panelE+W

Where a person refers a matter to an interim orders panel under section 118(2)(b) or 119(2) SCW—

(a)must give notice of the referral to—

(i)the registered person to whom the matter relates, and

(ii)where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation, and

(b)may give notice of the referral to any other person if SCW thinks it is in the public interest to do so.

Commencement Information

I67S. 124 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

InvestigationE+W

125Duty to investigateE+W

(1)SCW must investigate, or make arrangements for the investigation of, a matter referred under section 119 in respect of a registered person's fitness to practise.

(2)The person conducting an investigation under this section may, at any stage during the investigation, refer the matter to an interim orders panel.

(3)SCW must by rules make provision about the arrangements for investigations under this section.

(4)Rules made under subsection (3) may, in particular, make provision for—

(a)the registered person to make representations to the person conducting the investigation;

(b)investigations to be carried out by a member of SCW's staff;

(c)the appointment of one or more individuals for the purpose of conducting an investigation;

(d)the appointment of persons to provide assistance in relation to an investigation.

(5)But rules made under subsection (3) may not provide for an investigation to be carried out by—

(a)a person who is a member of—

(i)SCW,

(ii)the Health and Care Professions Council,

(iii)the Scottish Social Services Council, or

(iv)the Northern Ireland Social Care Council;

(b)a person who is a member of a fitness to practise panel;

(c)a person who is a member of an interim orders panel;

(d)a prescribed person.

Commencement Information

I68S. 125 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

126Powers following an investigationE+W

(1)This section applies where the investigation of a matter relating to a registered person's fitness to practise has been concluded.

(2)SCW must refer the matter to a fitness to practise panel if it is satisfied that—

(a)there is a realistic prospect of the panel finding that the registered person's fitness to practise is impaired, and

(b)it is in the public interest to refer the matter.

(3)Where the matter is not referred to a fitness to practise panel, SCW may—

(a)decide to take no further action in respect of the registered person;

(b)give advice to the registered person, or to any other person involved in the investigation, in respect of any matter related to the investigation;

(c)issue a warning to the registered person in respect of future conduct or performance;

(d)agree with the registered person that he or she will comply with such undertakings as SCW thinks appropriate;

(e)grant an application under section 92 by the registered person for his or her entry in the register to be removed by agreement.

Commencement Information

I69S. 126 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

127Notice: referral or disposalE+W

(1)SCW must give notice to the persons listed in subsection (2) of—

(a)the referral of a matter to an interim orders panel under section 125(2);

(b)the referral of a matter to a fitness to practise panel under section 126(2);

(c)the way in which the matter has been disposed of under section 126(3).

(2)The persons are—

(a)the registered person to whom the matter relates, and

(b)where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation.

(3)SCW may give notice to any other person of the referral or disposal of a matter under section 126 if satisfied that it is in the public interest to do so.

(4)A notice under this section must give the reasons for the referral.

Commencement Information

I70S. 127 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

128WarningsE+W

(1)Where SCW is proposing to issue a warning to a registered person, SCW must—

(a)notify the registered person of its intention, and

(b)notify that person of the right to request an oral hearing for the purpose of determining whether or not to give a warning.

(2)SCW must by rules make provision about—

(a)the period within which a request for an oral hearing may be made;

(b)the arrangements and procedure for an oral hearing.

(3)SCW must grant a request for an oral hearing if the request is made in accordance with the requirements of rules made under subsection (2).

Commencement Information

I71S. 128 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

129UndertakingsE+W

(1)SCW must by rules make provision about the agreement of undertakings under section 126(3)(d).

(2)The rules may, in particular, make provision about—

(a)the procedure to be followed for the agreement of undertakings;

(b)the procedure to be followed in the event of a breach of an undertaking;

(c)the consequences of a breach of an undertaking;

(d)periodic review of a requirement to comply with an undertaking.

Commencement Information

I72S. 129 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

130MediationE+W

(1)The Welsh Ministers may by regulations provide, or authorise SCW by rules to provide, for arrangements for mediation to be undertaken with any registered person in respect of whom a matter is referred for investigation under section 125.

(2)The regulations may make provision about, or authorise SCW by rules to make provision about—

(a)the circumstances in which mediation may be undertaken, and

(b)the arrangements for undertaking mediation.

Commencement Information

I73S. 130 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

ReviewE+W

131Review of decisions by SCWE+W

(1)SCW must review a decision to which subsection (2) applies if—

(a)it thinks that the decision may be materially flawed, or

(b)it thinks that a different decision may have been made on the basis of information that was not available when the decision was made.

(2)This subsection applies to the following decisions—

(a)a decision not to refer a matter to a fitness to practise panel under section 121 or 126(2),

(b)a decision not to refer a matter for investigation under section 125,

(c)a decision to dispose of a case after investigation under section 126(3), and

(d)a decision to refer a case for mediation under regulations under section 130.

(3)SCW may not review a decision after the end of the period of 2 years beginning with the date on which the decision was made unless SCW thinks that it is in the public interest to do so.

(4)Where SCW decides to review a decision, it must give notice to the interested parties of—

(a)the decision to carry out a review, and

(b)the reasons for carrying out a review.

(5)In this section “interested parties” means—

(a)the registered person in respect of whom the decision under review was made,

(b)the person (if any) who made an allegation in respect of which the decision was made, and

(c)any other person who SCW thinks has an interest in the decision.

(6)On a review under this section, SCW may—

(a)substitute for the decision under review another decision of a kind that could have been made by the original decision maker,

(b)refer the matter for investigation under section 125, or

(c)determine that the decision stands.

(7)SCW must give notice of the outcome of the review to the interested parties.

(8)SCW must by rules make provision about the arrangements for carrying out a review under this section.

(9)Rules made under subsection (8) may, in particular, make provision about—

(a)the procedure to be followed in carrying out a review (including provision for the interested parties to make representations to SCW);

(b)the content and timing of notices to be given under this section.

Commencement Information

I74S. 131 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

132Cancellation of referral to fitness to practise panelE+W

(1)This section applies where a matter has been referred to a fitness to practise panel under section 121 or 126(2) or to an interim orders panel under section 118(2)(b), 119(2) or 125(2) and—

(a)SCW no longer thinks that there is a realistic prospect that the panel will find that the registered person's fitness to practise is impaired, or

(b)SCW otherwise thinks that it is no longer appropriate for the registered person to be subject to fitness to practise proceedings under this Part.

(2)SCW may—

(a)determine that the fitness to practise panel or interim orders panel may not commence or continue proceedings in respect of the matter, or

(b)determine that the fitness to practise proceedings may only commence or continue in respect of such particulars of the matter as SCW may specify.

(3)Where SCW makes a determination under subsection (2) it may refer the matter, or specified particulars of the matter, for investigation under section 125.

(4)SCW must give notice of a determination under subsection (2) to—

(a)the registered person to whom the matter relates,

(b)where an allegation has been made, the person who made the allegation, and

(c)any person to whom notice of the referral was given under section 123(2)(c), (d) or (e) or 127(3).

(5)The notice must include the reasons for the determination.

(6)SCW must by rules make provision about the procedure for exercising its functions under this section; in particular, provision about—

(a)the procedure to be followed in making a determination under subsection (2), and

(b)the content and timing of a notice under subsection (4).

Commencement Information

I75S. 132 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

133Referral by SCW for review proceedingsE+W

(1)This section applies where, in relation to a registered person, any of the following have effect—

(a)undertakings agreed between the person and SCW under section 126(3)(d);

(b)undertakings agreed between the person and a fitness to practise panel under section 136(1), 152(5) or (6), 153(4), 154(4) or 155(7);

(c)a conditional registration order made (or confirmed or varied) under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c);

(d)a suspension order made (or confirmed or varied) under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7).

(2)If SCW thinks at any time that it is desirable that a fitness to practise panel should review the registered person's fitness to practise, SCW may refer the case to the panel to carry out a review (see Chapter 5).

(3)But SCW must refer a case to a fitness to practise panel to carry out a review of a registered person's fitness to practise if SCW has reason to believe that—

(a)where the person has agreed an undertaking of the kind mentioned in subsection (1)(a) or (b), that the person has breached the undertaking, or

(b)where the person is subject to a conditional registration order of the kind mentioned in subsection (1)(c), that the person has breached any condition of the order.

Commencement Information

I76S. 133 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

CHAPTER 3E+WDISPOSAL OF FITNESS TO PRACTISE CASES

134Scope and interpretation of Chapter 3E+W

(1)This Chapter applies in respect of a matter which has been referred to a fitness to practise panel.

(2)But it does not apply in respect of review proceedings under section 151 (except to the extent that rules may be made under section 136(4) or 137(6) about undertakings agreed, confirmed or varied, or warnings given, on a review carried out under section 151).

(3)Nor does it apply in respect of proceedings before a fitness to practise panel, or that part of proceedings before a fitness to practise panel, in which that panel is considering—

(a)whether to make an interim order under section 144, or

(b)the review of an interim order under section 146.

(4)In this Chapter a reference to a registered person is a reference to the registered person in respect of whom the referral to the fitness to practise panel has been made.

Commencement Information

I77S. 134 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

135Removal from register on consensual basisE+W

(1)Subsection (2) applies where—

(a)a registered person has applied under section 92 for the entry relating to that person to be removed from the register by agreement, and

(b)that application has been referred to a fitness to practise panel by virtue of rules made under section 92(3).

(2)The fitness to practise panel may make an order for the entry relating to the registered person to be removed from the register by agreement only if the person has agreed to a statement of facts relating to the matter in respect of which the referral mentioned in subsection (1) was made.

(3)If an order for removal by agreement is made, SCW—

(a)may publish the statement of agreed facts in such manner as it thinks appropriate, and

(b)may disclose the statement to any person if SCW thinks it is in the public interest to do so.

Commencement Information

I78S. 135 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

136Other consensual disposal by fitness to practise panel: undertakingsE+W

(1)A fitness to practise panel may agree undertakings with the registered person if the person admits that his or her fitness to practise is impaired.

(2)SCW must disclose details of the undertakings to any person—

(a)by whom, to the knowledge of SCW, the registered person is employed as a social care worker;

(b)who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker;

(c)from whom, to the knowledge of SCW, the registered person is seeking such employment or such an arrangement;

(d)as may be prescribed.

(3)But SCW may not disclose to any person details of any undertaking which relates solely to the registered person's physical or mental health.

(4)SCW may by rules make provision about undertakings agreed with a fitness to practise panel under this section; and the rules may, in particular, make provision about the matters specified in section 129(2) (procedure to be followed for agreement of undertakings etc.).

(5)Rules under subsection (4) may include provision in respect of undertakings agreed, confirmed or varied on a review under section 138(4), 152(5) or (6), 153(4), 154(4) or 155(7).

Commencement Information

I79S. 136 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

137Disposals by fitness to practise panel: finding of no impairmentE+W

(1)This section applies where a fitness to practise panel has determined that a registered person's fitness to practise is not impaired.

(2)The panel may decide to take no further action in respect of that person.

(3)Or, the panel may do either or both of the following things—

(a)dispose of the matter in the way specified in subsection (4);

(b)dispose of the matter in the way specified in subsection (5).

(4)The panel may give advice on any matter related to the allegation under section 118(1)(a) or the information which gave rise to the proceedings under section 118(1)(b) (as the case may be)—

(a)to the registered person, and

(b)to any other person involved in the proceedings.

(5)The panel may give a warning to the registered person in respect of future conduct or performance.

(6)SCW may by rules make provision about the procedure for giving a warning under this section.

(7)Rules under subsection (6) may, in particular, make provision—

(a)requiring notice of a proposed warning to be given to the registered person, and

(b)allowing the registered person to make representations in respect of the proposed warning.

(8)Rules under subsection (6) may also include provision in respect of a warning given under section 138(6) or on a review under section 152(3)(b)(ii), 153(3)(b)(ii), 154(3)(b)(ii) or 155(6)(b)(ii).

Commencement Information

I80S. 137 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

138Disposals by fitness to practise panel: finding of impairmentE+W

(1)This section applies where a fitness to practise panel has determined that a registered person's fitness to practise is impaired.

(2)The panel must dispose of the matter in one of the ways mentioned in subsections (3) to (9).

(3)The panel may make an order under section 135(2) for removal of the registered person's entry from the register by agreement.

(4)The panel may agree undertakings with the registered person; in which case, section 136(2) and (3) apply in respect of such undertakings.

(5)The panel may decide to take no further action in respect of the registered person.

(6)The panel may give a warning to the registered person in respect of future conduct or performance.

(7)The panel may make a conditional registration order, which is an order imposing conditions on the person's registration.

(8)The panel may make a suspension order, which is an order suspending the registered person's registration.

(9)The panel may make a removal order, which is an order for the removal of the entry relating to the registered person in the register.

(10)But the panel may not make a removal order if the only ground on which it has determined that the registered person's fitness to practise is impaired is adverse physical or mental health.

Commencement Information

I81S. 138 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

139Disposals: further provision about conditional registration and suspension ordersE+W

(1)A conditional registration order must specify—

(a)the conditions with which the person to whom the order relates must comply, and

(b)the period for which the order is to have effect, which must not exceed 3 years; but see section 153 regarding extensions of that period on review.

(2)A conditional registration order may specify—

(a)that the order must be reviewed in accordance with arrangements specified in the order;

(b)different conditions that have effect for different periods; but this is subject to the limit mentioned in subsection (1)(b).

(3)A suspension order must specify the period for which the order is to have effect, which must not exceed one year; but see section 154 regarding extensions of that period on review.

(4)A suspension order may specify that the order must be reviewed in accordance with arrangements specified in the order.

Commencement Information

I82S. 139 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

140Immediate orders for conditional registration or suspensionE+W

(1)This section applies where a fitness to practise panel has made a conditional registration order, a suspension order or a removal order in respect of a registered person under section 138(7), (8) or (9) (“the decision”).

(2)The fitness to practise panel may—

(a)in the case of a conditional registration order, make an order that the registered person's registration in the register should be subject to the conditions with immediate effect, or

(b)in the case of a suspension order or a removal order, make an order that the registered person's registration in the register should be suspended with immediate effect.

(3)The panel may make an order under subsection (2) (an “immediate order”) only if it is satisfied that the order—

(a)is necessary for the protection of the public,

(b)is otherwise in the public interest, or

(c)is in the interests of the registered person.

(4)SCW must give notice to the registered person of the making of an immediate order.

(5)An immediate order has effect from the date on which the registered person was notified of it until—

(a)the date on which the decision takes effect in accordance with section 141(5), or

(b)an appeal against the decision is upheld.

Commencement Information

I83S. 140 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

141Fitness to practise decisions: notification and taking effectE+W

(1)Where a fitness to practise panel disposes of a case in any of the ways specified in sections 135 to 138, SCW must give notice to the registered person of the decision as to the disposal of the case.

(2)In any case where the disposal follows a finding as to impairment of fitness to practise, the notice to the registered person must include—

(a)a statement of facts found by the panel, and

(b)the panel's finding as to impairment of fitness to practise.

(3)A decision to dispose of a case in any of the ways specified in section 135, 136 or 137 takes effect immediately.

(4)Where a fitness to practise panel disposes of a case in any of the ways specified in section 138(5) to (9), SCW must also give notice to the registered person of the right of appeal against the decision under section 158.

(5)A decision to dispose of a case in any of the ways specified in section 138(5) to (9) does not take effect until—

(a)the end of the period of 28 days beginning with the day on which the registered person was notified of the decision, or

(b)if an appeal is made within that period, the appeal is withdrawn, discontinued or dismissed.

Commencement Information

I84S. 141 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

142Regulations about disposals by fitness to practise panelsE+W

(1)The Welsh Ministers may by regulations amend sections 135 to 138 to revise the ways in which a fitness to practise panel may dispose of a fitness to practise matter.

(2)The regulations may, in particular—

(a)add a new disposal power to the powers mentioned in those sections, and make supplementary provision in respect of such a power;

(b)amend or repeal a disposal power mentioned in those sections;

(c)amend or repeal provisions of those sections which make supplementary provision in respect of a disposal power mentioned in those sections.

Commencement Information

I85S. 142 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

CHAPTER 4U.K.INTERIM ORDERS AND REVIEW OF INTERIM ORDERS

143Scope and interpretation of Chapter 4E+W

(1)This Chapter applies—

(a)where a matter has been referred to an interim orders panel, and

(b)where a matter has been referred to a fitness to practise panel, to the proceedings before the fitness to practise panel, or that part of those proceedings, in which the fitness to practise panel is considering—

(i)whether to make an interim order under section 144, or

(ii)the review of an interim order under section 146.

(2)In this Chapter—

  • interim order proceedings” (“achos gorchymyn interim”) means proceedings in respect of which this Chapter applies, and

  • panel” (“panel”) means the interim orders panel or fitness to practise panel before which the proceedings are brought.

(3)In this Chapter a reference to a registered person is a reference to the registered person in respect of whom the referral to the panel has been made.

Commencement Information

I86S. 143 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

144Interim ordersE+W

(1)A panel may in interim order proceedings make an interim order in relation to a registered person.

(2)An interim orders panel may make an interim order whether or not the matter has been referred to a fitness to practise panel.

(3)Where a matter has been referred to a fitness to practise panel, any interim order must be made before the matter is disposed of by the fitness to practise panel in accordance with any of sections 135 to 138.

(4)The two types of interim order are—

(a)an interim suspension order, which is an order suspending the registered person's registration;

(b)an interim conditional registration order, which is an order imposing conditions on the registered person's registration.

(5)A panel may make an interim order only if it is satisfied that the order—

(a)is necessary for the protection of the public,

(b)is otherwise in the public interest, or

(c)is in the interests of the registered person.

(6)An interim order—

(a)takes effect immediately, and

(b)may not have effect for a period of more than 18 months (unless it is extended; see section 148 (extension of interim order by the tribunal)).

(7)Where an interim order is made in respect of a registered person, SCW must give notice to the person of—

(a)the decision,

(b)the reasons for the decision, and

(c)the right of appeal under section 145 against the decision.

Commencement Information

I87S. 144 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

145Appeals against interim ordersE+W

(1)Where a panel has made an interim order under section 144 in respect of a registered person, that person may appeal against the order to the tribunal.

(2)An appeal must be made before the end of the period of 28 days beginning with the day on which notice of the decision is given under section 144(7).

(3)But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(4)On an appeal, the tribunal may—

(a)revoke the interim order,

(b)in the case of an interim conditional registration order, revoke or vary any condition,

(c)replace an interim suspension order with an interim conditional registration order,

(d)replace an interim conditional registration order with an interim suspension order,

(e)vary the period for which the interim order is to have effect,

(f)remit the case to SCW for it to dispose of in accordance with the directions of the tribunal, or

(g)make no change to the interim order.

Commencement Information

I88S. 145 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

146Reviews of interim orders: timingE+W

(1)A panel must first review an interim order made under section 144 within six months beginning with the date on which the order was made.

(2)Where an interim order made under section 144 has been varied or replaced by the tribunal on an appeal under section 145, the reference in subsection (1) to the date on which the order was made is to be read as a reference to the date of the tribunal's decision.

(3)Subsection (4) sets out the timing of the first review of an interim order following its extension or further extension by the tribunal (see section 148), and “the tribunal's decision” means the decision to extend or further extend the order (as the case may be).

(4)A panel must review the interim order—

(a)if no review of the order had taken place before the tribunal's decision, within six months beginning with the date of the tribunal's decision, or

(b)if a review of the order had taken place before the tribunal's decision, within three months beginning with that date.

(5)Subsection (6) sets out the timing of the first review of a replacement interim conditional registration order or interim suspension order made on a review (“the replacement order”) (see section 147(1)(c) and (d)).

(6)A panel must review the replacement order—

(a)if no review of the order which has been replaced had taken place before the review which led to the replacement order being made, within six months beginning with the date on which the replacement order was made, or

(b)if a review of the order which has been replaced had taken place before the review which led to the replacement order being made, within three months beginning with the date on which the replacement order was made.

(7)After the first review of an interim order under subsection (1), (4) or (6), a panel must review the order (for so long as it is in effect)—

(a)within six months beginning with the date of the decision of the most recent review, or

(b)if after the end of the period of three months beginning with that date, the registered person requests an earlier review, as soon as practicable.

(8)A panel may review an interim order at any time if new evidence becomes available which is relevant to the case.

(9)In subsections (7) and (8) a reference to an interim order includes a reference to—

(a)an interim order as extended or further extended by the tribunal,

(b)an interim order as varied on a review (see section 147(1)(b)), and

(c)a replacement interim conditional registration order or interim suspension order made on a review.

Commencement Information

I89S. 146 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

147Reviews of interim order: possible decisionsE+W

(1)On the completion by a panel of a review of an interim order, the panel may—

(a)revoke the interim order;

(b)in the case of an interim conditional registration order, revoke or vary any condition;

(c)replace an interim suspension order with an interim conditional registration order;

(d)replace an interim conditional registration order with an interim suspension order;

(e)make no changes to the interim order.

(2)A panel may make a decision specified in subsection (1)(b), (c), (d) or (e) only if the panel is satisfied that the decision—

(a)is necessary for the protection of the public,

(b)is otherwise in the public interest, or

(c)is in the interests of the registered person.

(3)A replacement order made under subsection (1)(c) or (d) has effect for the remainder of the period for which the order which it replaces had effect (unless it is extended under section 148).

(4)In this section—

(a)a reference to an interim order includes a reference to—

(i)an interim order as extended or further extended by the tribunal;

(ii)an interim order as varied under subsection (1)(b);

(iii)a replacement interim conditional registration order or interim suspension order made under subsection (1)(c) or (d);

(b)a reference to an interim conditional registration order or an interim suspension order includes a reference to—

(i)an interim order of that kind as extended or further extended by the tribunal;

(ii)in the case of an interim conditional registration order, an interim order as varied under subsection (1)(b);

(iii)a replacement order of that kind made under subsection (1)(c) or (d).

Commencement Information

I90S. 147 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

148Extension of interim order by the tribunalE+W

(1)SCW may apply to the tribunal for an interim order to be extended or further extended.

(2)On an application, the tribunal may—

(a)revoke the interim order,

(b)in the case of a conditional registration order, revoke or vary any condition,

(c)extend, or further extend, the order for up to 12 months, or

(d)make no change to the order or to the period for which the order is to have effect.

(3)In this section, a reference to an interim order includes a reference to—

(a)an interim order as extended or further extended under this section,

(b)an interim order varied on a review (see section 147(1)(b)), and

(c)a replacement interim conditional registration order or interim suspension order made on a review (see section 147(1)(c) or (d)).

Commencement Information

I91S. 148 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

149Revocation of interim ordersE+W

(1)This section applies where—

(a)a fitness to practise panel disposes of a matter in respect of a registered person in any of the ways set out in sections 135 to 138, and

(b)at that time, the registered person is subject to an interim order (see section 144).

(2)The fitness to practise panel must, at the same time as it disposes of the matter, revoke the interim order.

(3)The revocation of the interim order takes effect on the date on which the panel disposes of the matter as described in subsection (1)(a).

(4)In this section a reference to an interim order includes a reference to the following (see sections 147 and 148)—

(a)an interim order as extended or further extended by the tribunal;

(b)an interim order as varied on a review;

(c)a replacement interim conditional registration order or interim suspension order made on a review.

Commencement Information

I92S. 149 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

CHAPTER 5U.K.REVIEW PROCEEDINGS

150Review proceedings: interpretation and generalE+W

(1)In this Chapter a reference to a registered person is to the registered person whose fitness to practise is the subject of a review under section 151.

(2)A fitness to practise panel may make an order for removal of a registered person's entry from the register by agreement under section 152(2), 153(2), 154(2) or 155(5) only if the person has agreed to a statement of facts relating to the matter.

(3)If such an order is made under any of those provisions, SCW—

(a)may publish the statement of agreed facts in such manner as it thinks appropriate, and

(b)may disclose the statement to any person if SCW thinks it is in the public interest to do so.

(4)Where a fitness to practise panel agrees or confirms undertakings, or agrees any variation of undertakings, under section 152(5) or (6), 153(4), 154(4) or 155(7), SCW must disclose details of the undertakings to any person—

(a)by whom, to the knowledge of SCW, the registered person is employed as a social care worker,

(b)who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker,

(c)from whom, to the knowledge of SCW, the registered person is seeking such employment or such an arrangement, and

(d)as may be prescribed.

(5)But SCW may not disclose to any person details of any undertaking which relates solely to the registered person's physical or mental health.

Commencement Information

I93S. 150 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

151Review proceedingsE+W

(1)Subsection (2) applies where undertakings agreed between a fitness to practise panel and a registered person under section 136(1), 152(5) or (6), 153(4), 154(4) or 155(7) have effect.

(2)A fitness to practise panel must carry out a review of the registered person's fitness to practise in accordance with any requirements as to review contained in those undertakings.

(3)Subsection (4) applies where a conditional registration order made (or confirmed or varied) under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c) has effect in relation to a registered person.

(4)A fitness to practise panel must carry out a review of the registered person's fitness to practise in accordance with any requirements as to review contained in the conditional registration order.

(5)Subsection (6) applies where a suspension order made (or confirmed or varied) under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7) has effect in relation to a registered person.

(6)A fitness to practise panel must carry out a review of the registered person's fitness to practise in accordance with any requirements as to review contained in the suspension order.

(7)A fitness to practise panel must also carry out a review of a registered person's fitness to practise in a case referred to it by SCW under section 133.

Commencement Information

I94S. 151 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

152Review of undertakings: disposals by fitness to practise panelE+W

(1)This section specifies the possible disposals which may be made by a fitness to practise panel which has completed a review under section 151(2) or (7) of the fitness to practise of a registered person who has agreed undertakings.

(2)If the registered person has applied under section 92 for removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry.

(3)If the panel determines that the registered person's fitness to practise is no longer impaired, the panel—

(a)must revoke the undertakings, and

(b)may do either or both of the following—

(i)give advice to the person on any matter related to the case;

(ii)give the person a warning in respect of future conduct or performance.

(4)If the registered person admits that his or her fitness to practise is impaired, or if the panel determines that the person's fitness to practise is impaired, the panel may make a disposal specified in subsection (5) or (6).

(5)The panel may agree with the registered person that the undertakings remain in effect with no variations.

(6)The panel may agree with the registered person that either or both of the following variations may be made to any undertaking—

(a)a variation of its terms;

(b)an extension or reduction of the period for which it is to have effect.

(7)Under subsection (6)(b) an extension of the period for which any undertaking is to have effect may not be for more than 3 years.

(8)If the panel determines that the registered person's fitness to practise is impaired, the panel may revoke the undertakings and make a decision to—

(a)take no further action in respect of the person,

(b)give a warning to the person in respect of future conduct or performance,

(c)make a conditional registration order,

(d)make a suspension order, or

(e)subject to subsection (9), make a removal order.

(9)The panel may not make a removal order in a case where the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and no other ground in section 117.

Commencement Information

I95S. 152 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

153Review of conditional registration orders: disposals by fitness to practise panelE+W

(1)This section specifies the possible disposals which may be made by a fitness to practise panel which has completed a review under section 151(4) or (7) of the fitness to practise of a registered person who is subject to a conditional registration order.

(2)If the registered person has applied under section 92 for the removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry.

(3)If the panel determines that the registered person's fitness to practise is no longer impaired, the panel—

(a)must revoke the conditional registration order, and

(b)may do either or both of the following—

(i)give advice to the person on any matter related to the case;

(ii)give the person a warning in respect of future conduct or performance.

(4)The panel may agree undertakings with the registered person—

(a)if the person admits that his or her fitness to practise is impaired, or

(b)if the panel determines that the person's fitness to practise is impaired.

(5)If the panel determines that the registered person's fitness to practise is impaired (and undertakings have not been agreed), the panel may dispose of the case as described in subsections (6), (7) or (9).

(6)The panel may confirm the conditional registration order with no variations.

(7)The panel may do any or all of the following in respect of the conditional registration order—

(a)revoke any condition;

(b)vary any condition;

(c)extend or reduce the period for which the order is to have effect.

(8)Under subsection (7)(c) an extension of the period for which the order is to have effect may not be for more than 3 years.

(9)The panel may revoke the conditional registration order and make a decision to—

(a)take no further action in respect of the registered person,

(b)give a warning to the person in respect of future conduct or performance,

(c)make a suspension order, or

(d)subject to subsection (10), make a removal order.

(10)The panel may not make a removal order in a case where the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and no other ground in section 117.

Commencement Information

I96S. 153 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

154Review of suspension orders: disposals by fitness to practise panelE+W

(1)This section specifies the possible disposals which may be made by a fitness to practise panel which has completed a review under section 151(6) or (7) of the fitness to practise of a registered person who is subject to a suspension order.

(2)If the registered person has applied under section 92 for the removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry.

(3)If the panel determines that the registered person's fitness to practise is no longer impaired, the panel—

(a)must revoke the suspension order, and

(b)may do either or both of the following—

(i)give advice to the person on any matter related to the case;

(ii)give the person a warning in respect of future conduct or performance.

(4)The panel may agree undertakings with the registered person—

(a)if the person admits that his or her fitness to practise is impaired, or

(b)if the panel determines that the person's fitness to practise is impaired.

(5)If the panel determines that the registered person's fitness to practise is impaired (and undertakings have not been agreed), the panel may dispose of the case as described in subsections (6), (7), (8) or (10).

(6)The panel may confirm the suspension order with no variations.

(7)The panel may—

(a)extend the period for which the suspension order is to have effect for a period of no more than 12 months, or

(b)reduce the period for which the suspension order is to have effect.

(8)The panel may revoke the suspension order and make a decision to—

(a)take no further action in respect of the registered person,

(b)give a warning to the person in respect of future conduct or performance,

(c)make a conditional registration order, or

(d)make a removal order.

(9)The panel may not make a removal order in a case where the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and no other ground in section 117.

(10)If the conditions in subsection (11) are met, the panel may make an indefinite suspension order, which is an order suspending the registered person's registration in the register for an indefinite period.

(11)The conditions are—

(a)the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and on no other ground specified in section 117,

(b)at the date of the panel's decision, the person has been suspended for at least 2 years, and

(c)the suspension order to which the person is subject is due to expire within 2 months of the date of the panel's decision.

Commencement Information

I97S. 154 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

155Review of indefinite suspension ordersE+W

(1)This section applies where a fitness to practise panel has made an indefinite suspension order.

(2)A fitness to practise panel must review the indefinite suspension order on the application of the registered person.

(3)The registered person may not make an application for review—

(a)before the expiry of the period of 2 years beginning with the date on which the order was made, or

(b)within the period of 2 years beginning with the date of a previous application for review.

(4)The following subsections specify the possible disposals which may be made by a fitness to practise panel which has completed a review under subsection (2).

(5)If the registered person has applied under section 92 for the removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry.

(6)If the panel determines that the registered person's fitness to practise is no longer impaired, the panel—

(a)must revoke the indefinite suspension order, and

(b)may do either or both of the following—

(i)give advice to the person on any matter related to the case;

(ii)give the person a warning in respect of future conduct or performance.

(7)The panel may agree undertakings with the registered person—

(a)if the person admits that his or her fitness to practise is impaired, or

(b)if the panel determines that the person's fitness to practise is impaired.

(8)If the panel determines that the registered person's fitness to practise is impaired (and undertakings have not been agreed), the panel may dispose of the case as described in subsection (9) or (10).

(9)The panel may confirm the indefinite suspension order.

(10)The panel may revoke the indefinite suspension order and make a decision to—

(a)take no further action in respect of the registered person,

(b)give a warning to the person in respect of future conduct or performance, or

(c)make a conditional registration order.

Commencement Information

I98S. 155 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

156Reviews: further provision about conditional registration and suspension ordersE+W

(1)Subsections (2) and (3) apply to a conditional registration order made under section 152(8)(c), 154(8)(c) or 155(10)(c).

(2)The order must specify—

(a)the conditions with which the person to whom the order relates must comply, and

(b)the period for which the order is to have effect, which must not exceed 3 years; but see section 153 regarding extensions of that period on review.

(3)The order may specify—

(a)that it must be reviewed in accordance with arrangements specified in the order;

(b)different conditions that have effect for different periods; but this is subject to the limit mentioned in subsection (2)(b).

(4)Subsections (5) and (6) apply to a suspension order made under section 152(8)(d) or 153(9)(c).

(5)The order must specify the period for which it is to have effect, which must not exceed 3 years; but see section 154 regarding extensions of that period on review.

(6)The order may specify that it must be reviewed in accordance with arrangements specified in the order.

Commencement Information

I99S. 156 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

157Decisions in review cases: notification and taking effectE+W

(1)Where a fitness to practise panel disposes of a review case in any of the ways specified in sections 152 to 155, SCW must give notice to the registered person of the decision as to the disposal of the case.

(2)In any case where the disposal follows a finding as to impairment of fitness to practise, the notice given to the registered person must include—

(a)a statement of facts found by the panel, and

(b)the panel's reasons for its finding.

(3)A decision to dispose of a review case in any of the ways specified in sections 152 to 155, except those disposals specified in subsection (4), takes effect immediately.

(4)Subsection (5) applies where a fitness to practise panel disposes of a review case in any of the ways specified in—

(a)section 152(8),

(b)section 153(6), (7) or (9),

(c)section 154(6), (7), (8) or (10), or

(d)section 155(9) or (10).

(5)SCW must also give notice to the registered person of the right of appeal under section 158 against the decision.

(6)A decision to dispose of a review case in any of the ways specified in subsection (4) does not take effect until—

(a)the end of the period of 28 days beginning with the day on which the registered person was notified of the decision, or

(b)if an appeal is made within that period, the appeal is withdrawn, discontinued or dismissed.

(7)Subsection (8) applies where—

(a)a registered person is subject to a conditional registration order under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c), and

(b)a fitness to practise panel disposes of a review case in any of the ways specified in section 153(6), (7) or (9)(c) or (d) (“the decision”).

(8)The registered person's conditional registration under the order as mentioned in subsection (7)(a) continues to have effect until—

(a)the decision takes effect in accordance with subsection (6), or

(b)an appeal against the decision is upheld,

despite the fact that, were it not for this subsection, the conditional registration would cease to have effect before that date.

(9)Where a registered person is subject to a conditional registration order as mentioned in subsection (7)(a) and a fitness to practise panel disposes of a review case by extending the period of the conditional registration order under section 153(7)(c) that extended period of conditional registration is to be treated as having started on the date on which the previous period of conditional registration would, were it not for subsection (8), have ceased to have had effect.

(10)Subsection (11) applies where—

(a)a registered person is subject to a suspension order under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7), or an indefinite suspension order under section 154(10) or 155(9), and

(b)a fitness to practise panel disposes of a review case in any of the ways specified in section 154(6), (7), (8)(c) or (d) or (10) or 155(10)(c) (“the decision”).

(11)The registered person's suspension under the order as mentioned in subsection (10)(a) continues to have effect until—

(a)the decision takes effect in accordance with subsection (6), or

(b)an appeal against the decision is upheld,

despite the fact that, were it not for this subsection, the suspension would cease to have effect before that date.

(12)Where a registered person is subject to a suspension order under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7) and a fitness to practise panel disposes of a review case by extending the period of the suspension order under section 154(7)(a) that extended period of suspension is to be treated as having started on the date on which the previous period of suspension would, were it not for subsection (11), have ceased to have had effect.

Commencement Information

I100S. 157 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

CHAPTER 6E+WAPPEALS AND REFERRALS TO THE TRIBUNAL

158Appeals against decisions of a fitness to practise panelE+W

(1)This section applies where a fitness to practise panel—

(a)having determined that a registered person's fitness to practise is impaired (“a finding of impairment”), makes a decision to take no further action under section 138(5);

(b)following a finding of impairment, gives a warning under section 138(6);

(c)following a finding of impairment, makes a conditional registration order under section 138(7);

(d)following a finding of impairment, makes a suspension order under section 138(8);

(e)following a finding of impairment, makes a removal order under section 138(9);

(f)following a finding of impairment, makes a decision in a review case under section 152(8) (disposals following review of undertakings);

(g)following a finding of impairment, makes a decision in a review case under section 153(6), (7) or (9) (disposals following review of conditional registration order);

(h)following a finding of impairment, makes a decision in a review case under section 154(6), (7), (8) or (10) (disposals following review of suspension order);

(i)makes a decision in a review case under section 155(9) or (10) (disposals following review of indefinite suspension order).

(2)The person in respect of whom a decision of a kind listed in subsection (1) was made may appeal against the decision to the tribunal.

(3)An appeal must be brought within the period of 28 days beginning with the day on which notice of the decision is given to the person concerned.

(4)But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(5)On an appeal under this section, the tribunal may—

(a)confirm the decision,

(b)substitute for the decision appealed against another decision that the fitness to practise panel could have made, or

(c)remit the case to SCW to dispose of in accordance with the directions of the tribunal.

Commencement Information

I101S. 158 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

CHAPTER 7E+WGENERAL AND SUPPLEMENTARY

159Disclosure of information about fitness to practiseE+W

SCW may publish or disclose to any person information relating to a registered person's fitness to practise if it thinks it to be in the public interest to do so.

Commencement Information

I102S. 159 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

160Power to require informationE+W

(1)For the purpose of carrying out functions under this Part, SCW may require—

(a)a registered person, or

(b)any other person (other than a Minister of the Crown),

who SCW thinks is able to supply information or produce any document which appears relevant to the exercise of any such function, to supply that information or produce that document.

(2)SCW may, in particular, require the registered person whose fitness to practise is being investigated, to provide details of any person—

(a)by whom the registered person is employed as a social care worker;

(b)who has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker.

(3)Nothing in this section requires or permits any disclosure of information which is prohibited by any enactment or other rule of law.

(4)But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, SCW may require that the information be put in a form which is not capable of identifying that individual.

(5)If a person fails to supply any information or produce any document within 14 days, or such longer period as SCW may specify, of the person being required to do so under this section, SCW may apply to the tribunal for an order requiring the information to be supplied or the document to be produced.

Commencement Information

I103S. 160(1)-(4) in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

161Publication of fitness to practise decisionsE+W

(1)SCW must publish a decision of a fitness to practise panel to make a consensual disposal of a matter under section 135 or 136.

(2)SCW must publish a decision of a fitness to practise panel to dispose of a case under section 137 (disposal following a finding of no impairment of fitness to practise).

(3)SCW must publish a decision of a fitness to practise panel to dispose of a case under section 138 (disposal following a finding of impaired fitness to practise).

(4)SCW must publish a decision of a fitness to practise panel to dispose of a review cases in any of the ways mentioned in sections 152 to 155.

(5)SCW must publish a decision of a fitness to practise panel to make an immediate order under section 140.

(6)SCW must publish the following decisions of an interim orders panel or a fitness to practise panel—

(a)a decision to make an interim order under section 144;

(b)a decision to confirm or vary an interim order on a review under section 147.

(7)SCW must publish any decision it makes—

(a)to issue a warning under section 126(3)(c) (powers of SCW where case is not referred to a fitness to practise panel),

(b)to agree undertakings under section 126(3)(d), or

(c)to grant an application for removal from the register by agreement under section 126(3)(e).

(8)Subsections (1) to (7) are subject to subsections (9) and (10).

(9)SCW is not required to publish any decision of a fitness to practise panel to take no further action in respect of a registered person under section 137(2), 138(5), 152(8)(a), 153(9)(a), 154(8)(a) or 155(10)(a); but it may do so.

(10)SCW must not publish any information about a person's physical or mental health.

Commencement Information

I104S. 161 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

162Guidance about fitness to practiseE+W

(1)SCW may publish guidance about factors which in its view may make it appropriate, or inappropriate, for a fitness to practise panel or an interim orders panel to make or confirm an interim order under Chapter 4.

(2)A fitness to practise panel or an interim orders panel must have regard to guidance published under subsection (1) in exercising any function under Chapter 4.

(3)SCW may publish guidance about factors which in its view may make it appropriate, or inappropriate, for a fitness to practise panel to do any of the following—

(a)reach a consensual disposal of a matter under section 135 or 136;

(b)give advice or a warning under section 137;

(c)dispose of any matter in any of the ways mentioned in section 138(3) to (9);

(d)make an immediate order under section 140;

(e)dispose of a matter on review in any of the ways mentioned in sections 152 to 155.

(4)SCW may publish guidance about—

(a)particular undertakings, or kinds of undertakings, which may be agreed by a fitness to practise panel, and when it may be appropriate or inappropriate to agree such undertakings;

(b)particular conditions, or kinds of conditions, which may be included in a conditional registration order, and when it may be appropriate or inappropriate to include such conditions;

(c)the period of time for which any of the following should have effect—

(i)undertakings;

(ii)conditions included in a conditional registration order;

(iii)a suspension order.

(5)SCW may publish guidance about factors which it thinks should be taken into account in determining whether or not a registered person's fitness to practise is impaired on the grounds of adverse physical or mental health.

(6)A fitness to practise panel must have regard to guidance published under subsections (3) to (5) in exercising any function under this Part.

Commencement Information

I105S. 162 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

163Suspension: supplementaryE+W

(1)This section applies in respect of a person who is subject to—

(a)a suspension order made under section 138(8) (disposals by fitness to practise panel: finding of impairment);

(b)a suspension order made, confirmed or varied on review under section 152(8)(d), 153(9)(c) or 154(6) or (7);

(c)an indefinite suspension order made or confirmed on review under section 154(10) or 155(9);

(d)an interim suspension order made, confirmed or varied under section 144 or 147.

(2)The person is to be treated for all purposes other than those mentioned in subsection (3) as not being registered in the register despite the fact that the person's name continues to appear in it.

(3)The person is to be treated as registered for the purpose of—

(a)any proceedings under this Part (including preliminary consideration or investigation under Chapter 2) which relate to the person's fitness to practise;

(b)an application made under rules under section 92 for removal from a part of the register by agreement;

(c)proceedings under section 94 (entries based on false or misleading information) which relate to an entry in a part of the register.

Commencement Information

I106S. 163 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

164Meaning of “registered person” in Part 6E+W

In this Part “registered person” means a person who is registered in the social worker part, an added part or the visiting [F33European social worker part or visiting European social care manager part] of the register; and it includes a person⁠—

(a)whose registration would have lapsed under section 87(1) but for the fact that subsection (2) of that section applies to the person;

(b)in respect of whom a suspension order has effect under section 138(8), 152(8)(d), 153(9)(c), 154(6), (7) or (10) or 155(9);

(c)in respect of whom an interim suspension order has effect under section 144 or 147.

Textual Amendments

Commencement Information

I107S. 164 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)

PART 7 U.K.ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS

165Designation of regulated activityE+W

(1)The Welsh Ministers may by regulations—

(a)designate an activity to which subsection (2) applies as a regulated activity for the purposes of this Part, and

(b)authorise the making of prohibition orders in respect of the regulated activity.

(2)The activities to which this subsection applies are—

(a)practising as a social care worker of a prescribed description;

(b)carrying out a prescribed activity as a social care worker;

(c)the use by an individual of a prescribed title relating to an activity within paragraph (a) or (b).

(3)In subsection (2) references to “social care worker” do not include a reference to—

(a)a social worker, or

(b)a social care worker of a description specified for the time being by regulations under section 80(1)(b) (descriptions of social care worker in respect of whom SCW keeps an added part of the register).

(4)In this Part “prohibition order” means an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity.

(5)Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate.

(6)But the requirement to consult does not apply to regulations which—

(a)amend other regulations made under this section, and

(b)do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

Commencement Information

I108S. 165 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

166Conditions for making a prohibition orderE+W

(1)Regulations made under section 165 must prescribe the circumstances in which a fitness to practise panel may make a prohibition order.

(2)The regulations may, in particular, provide that a panel may not make a prohibition order in respect of a person unless one or more of the following conditions is met—

(a)the person has been convicted of an offence of a prescribed kind;

(b)the person has been given a caution in respect of an offence of a prescribed kind;

(c)the person is included in a barred list;

(d)a relevant body has made a determination to the effect that the person's fitness to practise is impaired;

(e)the panel is satisfied that the person has failed to meet any standard of conduct specified under section 173;

(f)the panel thinks that it is necessary for the protection of the public, or that it is otherwise in the public interest, to make the order.

(3)In subsection (2) “barred list” and “relevant body” have the same meaning as in section 117 (grounds of impairment of fitness to practise).

Commencement Information

I109S. 166 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

167Interim prohibition ordersE+W

(1)Regulations under section 165 must authorise the making of interim prohibition orders.

(2)An interim prohibition order is an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity pending a decision as to whether or not to make a prohibition order.

(3)The regulations must provide that a panel may not make an interim prohibition order unless it thinks that it is necessary for the protection of the public, or is otherwise in the public interest, to make the order as a matter of urgency.

Commencement Information

I110S. 167 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

168Prohibition orders: supplementary provisionE+W

The Welsh Ministers may by regulations—

(a)make provision as to the time when a prohibition order takes effect;

(b)make provision about the review of a prohibition order by a fitness to practise panel, including—

(i)the circumstances in which a prohibition order may be reviewed,

(ii)the procedure for applying for a review,

(iii)the timing of a review, and

(iv)the powers of the panel on a review (including power to set aside the prohibition order);

(c)require SCW to publish prescribed information about determinations made by fitness to practise panels in respect of prohibition orders and interim prohibition orders;

(d)require SCW to make such prescribed information available—

(i)to persons of a specified description, or

(ii)for public inspection.

Commencement Information

I111S. 168 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

169Interim prohibition orders: reviewU.K.

(1)A fitness to practise panel must review an interim prohibition order as soon as practicable if—

(a)the person in respect of whom the order is made requests a review, and

(b)the request is made no earlier than 3 months after the date on which the order was made.

(2)If an interim prohibition order is reviewed under subsection (1), a fitness to practise panel must review the order within each subsequent period of 3 months beginning with the date of the review under that subsection.

(3)A fitness to practise panel may review an interim prohibition order at any time if new evidence becomes available which is relevant to the case.

(4)Following a review, the panel may set aside an interim prohibition order.

Commencement Information

I112S. 169 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

170AppealsE+W

(1)Regulations under section 165 must provide for a right of appeal to the tribunal against—

(a)a prohibition order;

(b)a decision not to set aside a prohibition order on a review;

(c)a decision not to set aside an interim prohibition order on a review.

(2)Regulations under this section may include provision as to—

(a)the period within which an appeal may be made;

(b)the grounds on which an appeal may be made;

(c)the procedure for making an appeal;

(d)the powers of the tribunal on appeal.

Commencement Information

I113S. 170 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

171OffencesE+W

(1)It is an offence for a person to fail to comply with—

(a)a prohibition order, or

(b)an interim prohibition order.

(2)A person who commits an offence under subsection (1) is liable on summary conviction to a fine.

(3)The Welsh Ministers may by regulations create summary offences relating to the employment or appointment of a person to do anything that the person is prohibited from doing by—

(a)a prohibition order, or

(b)an interim prohibition order.

(4)Regulations creating an offence may not provide for the offence to be punishable otherwise than by a fine (whether an unlimited fine or a fine not exceeding a specified level on the standard scale).

Commencement Information

I114S. 171 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

Supplementary provisionU.K.

172List of prohibited personsE+W

(1)SCW must establish and maintain a list of persons in respect of whom a prohibition order or an interim prohibition order is in effect.

(2)The Welsh Ministers may by regulations make provision about—

(a)the form and content of the list;

(b)whether or not the list, or specified information from the list, is to be published;

(c)making the list available—

(i)to persons of a specified description, or

(ii)for public inspection.

Commencement Information

I115S. 172 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

173Standards of conductE+W

(1)The Welsh Ministers may by regulations require SCW to determine the standards of conduct expected of a person carrying out a regulated activity.

(2)SCW—

(a)must keep the standards under review, and

(b)may alter or replace the standards.

(3)SCW must publish—

(a)the standards, and

(b)if the standards are altered or replaced, the altered or replaced standards.

(4)SCW must by rules make provision about the procedure to be followed in determining the standards.

(5)Rules made under subsection (4) may, in particular—

(a)make provision about the criteria by reference to which the standards are to be determined;

(b)make provision about the arrangements for keeping the standards under review.

Commencement Information

I116S. 173 in force at 3.4.2017 by S.I. 2017/309, art. 2(f) (with arts. 3, 4, Sch.)

PART 8 U.K.SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

174Duty to establish panels etc.E+W

(1)SCW must by rules make provision for there to be—

(a)panels to make determinations under Part 4 in relation to initial registration in, remaining on and being restored to, the register (“registration appeals panels”),

(b)panels to make determinations in relation to the fitness of persons registered in the register to practise as social care workers (“fitness to practise panels”), and

(c)panels to suspend, or attach conditions to, a person's registration in the register pending a determination by panels of the kind mentioned in paragraph (a) or (b) (“interim orders panels”).

(2)A panel established by virtue of subsection (1) must have at least 3 members, including a member appointed to chair the panel.

(3)The members must be individuals.

(4)A panel's membership must comprise a majority of persons who are not, and have never been, registered in any part of the register.

(5)The following persons may not be members of a panel—

(a)a person who is a member or a member of staff of—

(i)SCW,

(ii)the Health and Care Professions Council,

(iii)the Scottish Social Services Council, or

(iv)the Northern Ireland Social Care Council;

(b)a prescribed person.

(6)SCW must by rules make provision about—

(a)the appointment of persons as panel members (including, subject to subsection (2), the number of persons who may or must be appointed);

(b)the quorum for exercising functions of panels;

(c)the term of office of a person as a member or to chair a panel;

(d)the grounds on which a member may be suspended or removed.

(7)SCW must also by rules make provision for—

(a)the declaration and registration of private interests of the members of panels;

(b)the publication of entries recorded in the register of members' interests.

(8)SCW may by rules make other provision about the constitution and operation of panels; but any rules are subject to regulations made under section 175 (regulations about panel proceedings).

(9)In particular, rules under subsection (8) may provide for—

(a)the appointment of legal or other advisers;

(b)the appointment of assessors or examiners;

(c)categories of person who may be appointed to chair panels;

(d)fees, expenses or other payments to be made by SCW to any panel member.

Commencement Information

I117S. 174 in force at 3.4.2017 by S.I. 2017/309, art. 2(g) (with arts. 3, 4, Sch.)

175Proceedings before panelsE+W

(1)The Welsh Ministers may by regulations make such provision as they think appropriate for and in connection with proceedings brought under this Act before—

(a)registration appeals panels;

(b)interim orders panels;

(c)fitness to practise panels.

(2)The regulations may authorise or require SCW to make rules about any matter relating to such proceedings.

(3)Regulations under this section may not require a person to give evidence or produce a document or other material evidence which the person could not be compelled to give or produce in civil proceedings in a court in England and Wales.

(4)The standard of proof applicable to the proceedings mentioned in subsection (1) is that applicable to civil proceedings.

Commencement Information

I118S. 175 in force at 3.4.2017 by S.I. 2017/309, art. 2(g) (with arts. 3, 4, Sch.)

PART 9 U.K.CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

176The regulatory bodiesE+W

In this Part—

(a)the regulatory bodies are—

(i)the Welsh Ministers, and

(ii)SCW;

(b)relevant functions” means—

(i)in relation to the Welsh Ministers, their regulatory functions;

(ii)in relation to SCW, its functions under this Act;

(c)general objectives” means—

(i)in relation to the Welsh Ministers, the objectives mentioned in section 4;

(ii)in relation to SCW, the objective mentioned in section 68(1).

Commencement Information

I119S. 176 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

177Relevant authoritiesE+W

(1)In this Part the relevant authorities are—

(a)Her Majesty's Chief Inspector for Education and Training in Wales,

(b)the Education Workforce Council,

(c)each local authority,

(d)each Local Health Board,

(e)an NHS Trust,

(f)a Welsh fire and rescue authority,

(g)a Community Health Council, and

(h)such other person as may be prescribed.

(2)In subsection (1)—

(a)NHS Trust” means a National Health Service Trust constituted under the National Health Service (Wales) Act 2006 (c.42);

(b)Welsh fire and rescue authority” means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies;

(c)Community Health Council” means a Community Health Council continued or established under section 182 of the National Health Service (Wales) Act 2006 (c.42).

Commencement Information

I120S. 177 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

178Co-operation in the exercise of functionsE+W

(1)The regulatory bodies must co-operate with each other in the exercise of their relevant functions if they think that such co-operation—

(a)will have a positive effect on the manner in which those functions are exercised, or

(b)will assist them in achieving their general objectives.

(2)A regulatory body must, in the exercise of its relevant functions, seek to co-operate with a relevant authority if the regulatory body thinks such co-operation—

(a)will have a positive effect on the manner in which the body exercises its functions, or

(b)will assist the body in achieving its general objectives.

(3)Where a regulatory body requests the co-operation of a relevant authority under subsection (2) the authority must comply with the request unless the authority—

(a)is prevented from co-operating in the manner requested by any enactment or other rule of law,

(b)thinks that such co-operation would otherwise be incompatible with its own functions, or

(c)thinks that such co-operation would have an adverse effect on its functions.

(4)If a relevant authority requests the co-operation of a regulatory body, the body must comply with that request unless the body—

(a)is prevented from co-operating in the manner requested by any enactment (including this Act) or other rule of law,

(b)thinks that such co-operation would otherwise be incompatible with the regulatory body's own functions, or

(c)thinks that such co-operation would have an adverse effect—

(i)on the body's functions, or

(ii)on achieving the body's general objectives.

Commencement Information

I121S. 178 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

179Joint exercise of functionsE+W

(1)One regulatory body (“A”) may arrange with the other regulatory body (“B”) for A and B to act together in exercising jointly one or more relevant functions of A with one or more relevant functions of B.

(2)A regulatory body may enter into an arrangement under this section only if it thinks that the arrangement—

(a)will have a positive effect on the manner in which the body exercises the function, or

(b)will assist the body in achieving its general objectives.

(3)Arrangements under this section may—

(a)include the establishment of a joint committee to exercise the relevant joint functions on behalf of the regulatory bodies, and

(b)be on such other terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

Commencement Information

I122S. 179 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

180Delegating functions to another regulatory bodyE+W

(1)A regulatory body may delegate any of its relevant functions to the other regulatory body if they agree that such a delegation—

(a)will have a positive effect on the manner in which the function is to be exercised, or

(b)will assist the delegating body in achieving its general objectives.

(2)But a function must not be delegated to the other regulatory body if the other body thinks that such a delegation may be detrimental to—

(a)the manner in which the other body exercises its functions, or

(b)the achievement of the other body's general objectives.

(3)Despite subsection (1), SCW may not delegate—

(a)its rule-making functions, or

(b)its functions relating to fitness to practise proceedings.

(4)A delegation under subsection (1) may be on such terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

(5)A function may be delegated under subsection (1) wholly or to any lesser extent as may be agreed by the regulatory bodies.

(6)A delegation under subsection (1) does not affect—

(a)any liability or responsibility of the body delegating the function for its exercise, nor

(b)the ability of that body to exercise that function or make other arrangements in relation to it.

Commencement Information

I123S. 180 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

181Sharing informationE+W

(1)A regulatory body may provide information to another regulatory body or relevant authority in pursuance of an arrangement made under this Part to co-operate, jointly exercise functions or delegate functions.

(2)Information must not be provided under subsection (1) to a regulatory body or relevant authority if the person holding the information is prohibited from providing it by any enactment or other rule of law.

(3)In the case of information relating to an individual, the information may be provided to a regulatory body or relevant authority only if—

(a)the information is provided in a form which does not identify the individual, or

(b)the person holding the information obtains the individual's consent to provide it.

(4)For the purposes of subsection (3)(a), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of—

(a)the information, and

(b)other information provided to a regulatory body or relevant authority by the same regulatory body.

(5)Information provided in pursuance of an arrangement under this Part must be used by the person to whom it is provided only for the purposes of co-operating, jointly exercising functions or exercising delegated functions in pursuance of the arrangement.

(6)This section does not affect the duty of the regulatory bodies to disclose information for the purposes of protecting the well-being of an individual.

Commencement Information

I124S. 181 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

182Sharing information to protect well-beingE+W

(1)A regulatory body must disclose information it has obtained in the exercise of its relevant functions to any other person if it thinks that such disclosure is necessary or expedient to protect the well-being of an individual in Wales.

(2)But information must not be disclosed under subsection (1) if disclosure of the information is prohibited by any enactment or other rule of law.

(3)In the case of information identifying an individual, it may be disclosed in a manner which identifies the individual only if the regulatory body thinks such identification is necessary to protect the well-being of any individual.

(4)For the purposes of subsection (3), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of—

(a)the information, and

(b)other information disclosed by the regulatory body to the other person referred to in subsection (1).

Commencement Information

I125S. 182 in force at 3.4.2017 by S.I. 2017/309, art. 2(h) (with arts. 3, 4, Sch.)

PART 10 E+WMISCELLANEOUS AND GENERAL

183InquiriesE+W

(1)The Welsh Ministers may cause an inquiry to be held into any matter connected with the provision of care and support.

(2)Before an inquiry begins, the Welsh Ministers may direct that it is to be held in private.

(3)If no direction is given, the person holding the inquiry may decide to hold it, or any part of it, in private.

(4)Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c.70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

(5)The report of the person holding the inquiry must be published unless the Welsh Ministers think there are exceptional circumstances for not publishing it (or any part of it).

Commencement Information

I126S. 183 in force at 3.4.2017 by S.I. 2017/309, art. 2(i) (with arts. 3, 4, Sch.)

184Service of documents etc.E+W

(1)This section applies where a provision of this Act or of regulations or rules made under it requires (in whatever terms) the Welsh Ministers, SCW or the registrar—

(a)to notify a person of something, or

(b)to give a notice or other document to a person (including a copy of a document or a revised document).

(2)The notification or document may be given to the person in question—

(a)by being hand delivered to the person;

(b)by leaving it at the person's proper address;

(c)by being sent by recorded delivery service—

(i)to the person's proper address, or

(ii)where the person in question is a service provider, to the address of a place at or from which the provider provides a regulated service;

(d)if subsection (3) applies, by sending it electronically to an address provided for that purpose.

(3)This subsection applies if the person to whom the notification or document is to be given has agreed to receive it electronically.

(4)For the purposes of subsection (2)(a), notification or a document given to a body corporate may be hand delivered by being given to the secretary or clerk of that body.

(5)For the purposes of subsection (2)(b), where a notification or document is left at a person's proper address it is to be treated as having been given at the time at which it was left at that address.

(6)In subsection (2)(c), “recorded delivery service” means—

(a)a registered items service as defined in section 32(4) of the Postal Services Act 2011 (c.5), or

(b)any other postal service which provides for delivery to be recorded.

(7)For the purposes of subsection (2), a person's proper address is—

(a)in the case of a body corporate, the address of the registered or principal office of the body;

(b)in the case of a partnership, the address of the principal office of the partnership;

(c)in the case of a local authority, the address of the office of the authority's director of social services;

(d)in any other case, the person's last known address.

(8)Where a notification or document is given as mentioned in subsection (2)(c) or (d) it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.

(9)See section 2 for the meaning of “regulated service”, section 3 for the meaning of “service provider” and section 81 for the meaning of “registrar”.

Commencement Information

I127S. 184 in force at 3.4.2017 by S.I. 2017/309, art. 2(i) (with arts. 3, 4, Sch.)

PART 11U.K.FINAL PROVISIONS

185Minor and consequential amendmentsU.K.

Schedule 3 makes minor and consequential amendments.

Commencement Information

I128S. 185 in force at 6.4.2016 for specified purposes by S.I. 2016/467, arts. 2, 3

I129S. 185 in force at 3.4.2017 for specified purposes by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

186Power to make consequential etc. provisionE+W

(1)The Welsh Ministers may by regulations make such consequential, incidental, transitional, transitory or saving provision as they think appropriate for the purposes of or in connection with this Act.

(2)Regulations under this section may amend, revoke or repeal any enactment contained in, or made under, primary legislation.

(3)The power to make regulations under this section is exercisable by statutory instrument.

(4)A statutory instrument containing regulations under this section which amend or repeal an enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(5)A statutory instrument containing regulations under this section to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6)In this section, “primary legislation” means—

(a)an Act of Parliament;

(b)an Act or Measure of the National Assembly for Wales (including this Act).

187 Regulations under this ActE+W

(1)A power to make regulations under this Act—

(a)is exercisable by statutory instrument;

(b)includes power to make different provision for different purposes, for different cases and for different areas.

(2)A statutory instrument containing regulations made under any of the following provisions of this Act may not be made unless a draft of the instrument containing the regulations has been laid before and approved by resolution of the National Assembly for Wales—

(a)section 2(1)(i) (regulations specifying other care and support services as regulated services);

(b)section 2(3) (regulations prescribing things not to be treated as regulated services);

(c)section 3(3) (regulations prescribing things not to be treated as care and support);

(d)section 9(9) (regulations varying the evidence to be taken into account when determining whether a person is fit and proper);

(e)section 11(2) (regulations prescribing a time limit within which an application to designate a replacement responsible individual must be made);

(f)section 27(1) (regulations imposing requirements on service providers);

(g)section 28(1) (regulations imposing requirements on responsible individuals);

(h)section 37(1) (regulations about inspection ratings);

(i)section 40(1) (regulations about charging fees);

(j)section 45 (regulations creating offences for failure to comply with requirements imposed on service providers);

(k)section 46 (regulations creating offences for failure to comply with requirements imposed on responsible individuals);

(l)sections 59(1) and (4) and 61(6) and (9) (regulations about the market oversight regime);

(m)section 79(2) (regulations prescribing descriptions of persons to be treated as social care workers);

(n)section 80(1)(b) (regulations prescribing descriptions of social care worker in respect of whom SCW must keep a register);

(o)section 111(2) (regulations prescribing protected titles for social care workers other than social workers);

(p)section 117 (amending the grounds on which a registered person's fitness to practise may be regarded as impaired);

(q)section 130 (arrangements for mediation);

(r)section 136(2)(d) (persons to whom undertakings may be disclosed by SCW);

(s)section 142 (amending the ways in which a fitness to practise panel may dispose of matters);

(t)section 165 (designation of regulated activities etc. for the purposes of prohibition orders under Part 7);

(u)section 171(3) (creation of offences in relation to employment or appointment of persons subject to prohibition orders etc.);

(v)section 177(1)(h) (regulations prescribing other persons as relevant authorities for the purposes of Part 9);

(w)paragraph 7 of Schedule 1 (regulations specifying certain services as regulated advocacy services).

(3)Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4)This section does not apply to regulations made under section 186.

188Coming into forceE+W

(1)The provisions of this Act (except this section and sections 186, 187, 189 and 190) come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(2)This section and sections 186, 187, 189 and 190 come into force on the day after the day on which this Act receives Royal Assent.

(3)An order under this section may—

(a)appoint different days for different purposes or areas;

(b)include such transitory, transitional or saving provision as the Welsh Ministers think appropriate.

189General interpretationE+W

In this Act—

  • caution” (“rhybuddiad”), in relation to an offence, means—

    (a)

    a conditional caution given under section 22 of the Criminal Justice Act 2003 (c.44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c.37) (conditional cautions for children and young persons);

    (b)

    any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted;

    (c)

    anything corresponding to a caution falling within paragraph (a) or (b) (however described) which—

    (i)

    is given to a person in respect of an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence, and

    (ii)

    is not an alternative to prosecution (within the meaning of section 8AA of the Rehabilitation of Offenders Act 1974 (c.53));

  • financial year” (“blwyddyn ariannol”) means the period of one year beginning on 1 April and ending on 31 March;

  • local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

  • Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

  • prescribed” (“a ragnodir” and “rhagnodedig”) means prescribed by regulations made by the Welsh Ministers;

  • SCW” (“GCC”) has the meaning given by section 67;

  • the tribunal” (“y tribiwnlys”) means the First-tier tribunal;

  • well-being” (“llesiant”) has the same meaning as in section 2 of the 2014 Act;

  • the 2014 Act” (“Deddf 2014”) means the Social Services and Well-Being (Wales) Act 2014 (anaw 4).

190Short titleE+W

The short title of this Act is the Regulation and Inspection of Social Care (Wales) Act 2016.

(as introduced by section 2(2))

SCHEDULE 1E+WREGULATED SERVICES: DEFINITIONS

Care home servicesE+W

1(1)A “care home service” is the provision of accommodation, together with nursing or care at a place in Wales, to persons because of their vulnerability or need.E+W

(2)But accommodation together with nursing or care provided at the following places does not constitute a care home service—

(a)a hospital;

(b)a school (but see sub-paragraph (3));

(c)a residential family centre;

(d)a place providing a secure accommodation service;

(e)a place providing accommodation for an adult arranged as part of an adult placement service.

(3)Accommodation together with nursing or care provided at a school does constitute a care home service if, at the time accommodation is provided for children at the school—

(a)accommodation has been provided at the school or under arrangements made by the school's proprietor for at least one child for more than 295 days in any period of 12 months falling within the previous 24 months, or

(b)such accommodation is intended to be provided for at least one child for more than 295 days in any period of 12 months falling within the following 24 months.

(4)The provision of accommodation and care to a child by a parent, relative or foster parent does not constitute a care home service [F34unless paragraph 5A of Schedule 7 to the Children Act 1989 applies (fostering treated as care home service where fostering limit exceeded)].

(5)In sub-paragraph (2)(b), “school” has the meaning given by section 4 of the Education Act 1996 (c.56).

(6)In sub-paragraph (4), “parent” means a person who has parental responsibility for a child (within the meaning given by section 3 of the Children Act 1989 (c.41)).

(7)For the purposes of sub-paragraph (4) a person is a foster parent in relation to a child if the person—

(a)is a local authority foster parent, or

(b)fosters the child privately.

Secure accommodation servicesE+W

2E+WA “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children.

Residential family centre servicesE+W

3(1)A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where—E+W

(a)the parents' capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and

(b)the parents are given such care and support as is thought necessary.

(2)In sub-paragraph (1), “parent” in relation to a child, means any person who is looking after the child.

Adoption servicesE+W

4E+WAn “adoption service” is a service provided in Wales by—

(a)an adoption society within the meaning of the Adoption and Children Act 2002 (c.38) which is a voluntary organisation within the meaning of that Act [F35(but see section 2(4) of the Adoption and Children Act 2002 (c. 38) (no application for registration to be made under Part 1 of this Act if an adoption society is an unincorporated body))], or

(b)an adoption support agency within the meaning given by section 8 of that Act.

Fostering servicesE+W

5E+WA “fostering service” means any service provided in Wales by a person other than a local authority which consists of or includes—

(a)the placement of children with local authority foster parents, or

(b) exercising functions in connection with such placement.

Adult placement servicesE+W

6(1)An “adult placement service” means a service carried on (whether or not for profit) by a local authority or other person for the purposes of placing adults with an individual in Wales under a carer agreement (and includes any arrangements for the recruitment, training and supervision of such individuals).U.K.

(2)In sub-paragraph (1) “carer agreement” means an agreement for the provision by an individual of accommodation at the individual's home together with care and support for up to three adults.

Advocacy servicesU.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Domiciliary support servicesE+W

8(1)A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision).E+W

(2)But the provision of care and support does not constitute a domiciliary support service if⁠—

(a)it is provided by an individual without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973 (c.35)), and who works wholly under the direction and control of the person receiving the care and support, or

(b)it is provided—

(i)at a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or

(ii)at a hospital.

(3)A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit).

InterpretationE+W

9E+WIn this Schedule—

  • hospital” (“ysbyty”) means—

    (a)

    a health service hospital within the meaning given by the National Health Service (Wales) Act 2006 (c.42),

    (b)

    an independent hospital within the meaning given by the Care Standards Act 2000 (c.14), and

    (c)

    an independent clinic within the meaning given by the Care Standards Act 2000;

  • local authority foster parent” (“rhiant maeth awdurdod lleol”) has the meaning given by the 2014 Act.

(as introduced by section 67(4))

SCHEDULE 2E+WSOCIAL CARE WALES

PART 1 E+WSTATUS

StatusE+W

1(1)SCW is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)SCW's property is not to be regarded as property of, or property held on behalf of, the Crown.

Commencement Information

I132Sch. 2 para. 1 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 2 E+WMEMBERSHIP

MembersE+W

2(1)SCW is to consist of—E+W

(a)a member to chair SCW (“the chairing member”), and

(b)not more than 14 other members.

(2)SCW's members are to be appointed by the Welsh Ministers.

(3)A person who is a member of SCW's staff may not be appointed or hold office as a member of SCW.

(4)SCW's members are to hold office on such terms and conditions as the Welsh Ministers may determine; but this is subject to the other provisions of this Schedule.

(5)Before making an appointment under this paragraph the Welsh Ministers must consult such persons as they think appropriate.

(6)In exercising their functions under this paragraph the Welsh Ministers must have regard to the desirability of appointing a varied membership which comprises a majority of persons who are not, and have not been, social care workers or representatives of social care workers.

Commencement Information

I133Sch. 2 para. 2 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Remuneration etc. of membersE+W

3(1)SCW may pay to its members such remuneration, expenses and allowances as the Welsh Ministers may determine.E+W

(2)SCW is to pay, or make provision for the payment, of such pension, allowance or gratuities as the Welsh Ministers may determine to or in respect of a person who is or has been a member of SCW.

(3)If the Welsh Ministers determine that there are special circumstances which make it right for a person ceasing to hold office as the chairing member of SCW to receive compensation, SCW must pay the person or make provision for the payment to the person of such compensation as the Welsh Ministers may determine.

Commencement Information

I134Sch. 2 para. 3 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Term of officeE+W

4U.K.A person appointed as a member of SCW holds office for such period as the Welsh Ministers may determine when making the appointment; but that period may not exceed 4 years.

Commencement Information

I135Sch. 2 para. 4 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

ResignationE+W

5(1)The chairing member may resign by giving written notice to the Welsh Ministers.E+W

(2)Resignation may be either—

(a)as chairing member, or

(b)as both chairing member and member.

(3)A member of SCW who is not the chairing member may resign by giving written notice to the Welsh Ministers.

Commencement Information

I136Sch. 2 para. 5 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

DismissalE+W

6(1)The Welsh Ministers may by written notice dismiss the chairing member if satisfied that he or she—E+W

(a)is unfit to continue as chairing member, or

(b)is unable or unwilling to act as chairing member.

(2)Dismissal may be either—

(a)as chairing member, or

(b)as both chairing member and member.

(3)The Welsh Ministers may by written notice dismiss a member of SCW who is not the chairing member if satisfied that he or she—

(a)is unfit to continue as a member, or

(b)is unable or unwilling to act as a member.

Commencement Information

I137Sch. 2 para. 6 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 3 E+WGENERAL POWERS

CommitteesE+W

7(1)SCW may establish committees.E+W

(2)Committees established under sub-paragraph (1) may establish sub-committees.

(3)A committee or sub-committee established under this paragraph may include, or be comprised entirely of, persons who are not members of SCW.

(4)SCW may pay remuneration, expenses and allowances to any person who—

(a)is a member of a committee or sub-committee established under this paragraph, and

(b)is not a member of SCW, or a member of its staff.

Commencement Information

I138Sch. 2 para. 7 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

DelegationE+W

8(1)SCW may arrange for any of its functions to be exercised by any of its—E+W

(a)committees,

(b)sub-committees,

(c)members, or

(d)staff.

(2)Sub-paragraph (1) does not affect SCW's responsibility for exercise of delegated functions or affect its ability to exercise delegated functions.

Commencement Information

I139Sch. 2 para. 8 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Supplementary powersE+W

9E+WSCW may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions.

Commencement Information

I140Sch. 2 para. 9 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 4 E+WPROCEEDINGS ETC.

ProcedureE+W

10(1)SCW is to regulate its own procedure (including quorum); but this is subject to the other provisions of this Act and any regulations made under it.E+W

(2)SCW is to regulate the procedure (including quorum) of its—

(a)committees, and

(b)sub-committees.

Commencement Information

I141Sch. 2 para. 10 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Application of sealE+W

11(1)SCW may have a seal.E+W

(2)The application of the seal must be authenticated by the signature of—

(a)any member of SCW, or

(b)any other person authorised by SCW for that purpose.

Commencement Information

I142Sch. 2 para. 11 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

EvidenceE+W

12E+WA document purporting to be duly executed under the seal of SCW or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Commencement Information

I143Sch. 2 para. 12 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 5 E+WCHIEF EXECUTIVE AND OTHER STAFF

Chief executive and other staffE+W

13(1)SCW must appoint a chief executive.E+W

(2)SCW may appoint such other staff as it thinks appropriate; but this is subject to section 81 (duty of SCW to appoint a registrar).

(3)A person appointed as chief executive is employed on such terms and conditions as SCW may determine; but the appointment (including any terms and conditions of appointment) requires the approval of the Welsh Ministers.

(4)Any other staff appointed under this paragraph are employed on such terms and conditions as SCW may determine; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such staff.

Commencement Information

I144Sch. 2 para. 13 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

PART 6 E+WFINANCIAL MATTERS AND ANNUAL REPORTS ETC.

Payments by the Welsh MinistersE+W

14E+WThe Welsh Ministers may make payments to SCW of such amounts, and at such times and on such conditions (if any), as the Welsh Ministers think appropriate.

Commencement Information

I145Sch. 2 para. 14 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Accounting officerE+W

15(1)The chief executive is to act as SCW's accounting officer.E+W

(2)The accounting officer has, in relation to SCW's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.

(3)The responsibilities that may be specified include—

(a)responsibilities in relation to the signing of accounts;

(b)responsibilities for the propriety and regularity of SCW's finances;

(c)responsibilities for the economy, efficiency and effectiveness with which SCW uses its resources;

(d)responsibilities owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly;

(e)responsibilities owed to the House of Commons or the Committee of Public Accounts of that House.

Commencement Information

I146Sch. 2 para. 15 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Accounts and auditE+W

16(1)SCW must for each financial year—E+W

(a)keep proper accounts and proper records in relation to them, and

(b)prepare a statement of accounts.

(2)Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a)the information to be contained in it,

(b)the manner in which the information is to be presented, and

(c)the methods and principles according to which the statement is to be prepared.

(3)No later than 31 August after the end of each financial year SCW must submit its statement of accounts to—

(a)the Welsh Ministers, and

(b)the Auditor General for Wales.

(4)The Auditor General for Wales must—

(a)examine, certify and report on the statement of accounts, and

(b)no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report.

Commencement Information

I147Sch. 2 para. 16 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

Annual reports etc.E+W

17(1)No later than 30 November after the end of each financial year SCW must publish a report on the exercise of its functions during that year (an “annual report”).E+W

(2)As soon as possible after an annual report is published SCW must send a copy of it to the Welsh Ministers.

(3)SCW must provide the Welsh Ministers with such other reports and information relating to the exercise of its functions as they may from time to time require.

Commencement Information

I148Sch. 2 para. 17 in force at 3.4.2017 by S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

(as introduced by section 185)

SCHEDULE 3E+WMINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 E+WREGULATION OF SERVICES

Care Standards Act 2000E+W

1U.K.The Care Standards Act 2000 (c.14) is amended as follows.

2U.K.In section 1—

(a)in subsection (1), at the end insert “ as it applies in relation to England ”;

(b)in subsection (2), after “establishment” insert “ in England ”;

(c)subsection (4) is repealed;

(d)in subsection (4A), the words “in England” are repealed;

(e)the section heading becomes “ Children's homes in England ”.

3U.K.In section 3—

(a)in subsection (1), after “establishment” insert “ in England ”;

(b)subsection (3) is repealed;

(c)in subsection (4), the words “in England” are repealed;

(d)the section heading becomes “ Care homes in England ”.

4U.K.In section 4—

(a)in subsection (2), after “establishment” insert “ in England ”;

(b)in subsection (3), after “persons” insert “ in England ”;

(c)in subsection (4)—

(i)in paragraph (a), after “authorities” insert “ in England ”;

(ii)in paragraph (b), after “organisation” insert “ in England ”;

(d)subsection (5) is repealed;

(e)in subsection (7), at the end insert “ whose principal office is in England ”;

(f)in subsection (7A), for “has” substitute “ means an undertaking in England which is an adoption support agency within ”;

(g)in subsection (8)(a)—

(i)in sub-paragraph (i), at the end insert “ in England ”;

(ii)in sub-paragraph (ii), after “home” insert “ in England ”;

(iii)sub-paragraph (vi) is repealed;

(iv)in sub-paragraph (vii), at the end insert “ in England ”;

(h)in subsection (9)(a), sub-paragraphs (ii) and (iii) are repealed;

(i)in subsection (10), after “services” where it first occurs insert “ in England ”.

5U.K.In section 5—

(a)in subsection (1)(b), for “in any other case” substitute “ in the case of establishments mentioned in subsection (1B) ”;

(b)in subsection (1A), after “agencies” insert “ mentioned in subsection (1)(a) ”;

(c)after subsection (1A), insert—

(1B)The establishments mentioned in subsection (1)(b) are—

(a)independent hospitals in Wales;

(b)independent clinics in Wales.;

(d)subsection (2) is repealed.

6U.K.In section 8(6)—

(a)in paragraph (a), for “section 5(b)” substitute “ section 5(1)(b) ”;

(b)in paragraph (b) for sub-paragraphs (i) and (ii) substitute by the Care Quality Commission—

(i)under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

(ii)under the Mental Health Act 1983 in relation to England.

7U.K.In section 14(2), after paragraph (f) insert—

(g)an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

8U.K.In section 22—

(a)in subsection (1), for paragraph (b) substitute—

(b)regulations made by the Welsh Ministers—

(i)may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and

(ii)may in particular make any provision such as is mentioned in subsection (2), (7) or (8) in so far as relevant to those establishments.;

(b)subsections (3) and (4) are repealed.

9U.K.In section 22B—

(a)in subsection (1), for “registration authority” substitute “ CIECSS ”;

(b)in subsection (3)(c), for “registration authority's” substitute “CIECSS's”;

(c)in subsection (4)(b), for “registration authority” substitute “ CIECSS ”;

(d)in subsection (5)(a), for “registration authority” substitute “ CIECSS ”;

(e)in subsection (6), for “registration authority” substitute “ CIECSS ”;

(f)in subsection (8)—

(i)in paragraph (a), at the end insert “ in England ”;

(ii)in paragraph (b), at the end insert “ in England ”.

10U.K.In section 23, after subsection (1) insert—

(1ZA)But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.

11U.K.In section 30A—

(a)in subsection (1), after “agency” insert “ in England ”;

(b)in subsection (2), for “registration authority” substitute “ CIECSS ”;

(c)in subsection (3), for “registration authority” substitute “ CIECSS ”;

(d)in subsection (7), in the definition of “prescribed”, paragraph (b) is repealed.

12U.K.Section 36A is repealed.

13U.K.In section 42—

(a)for subsection (2) substitute—

(2)This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.;

(b)in subsection (7), the definition of “Welsh local authorities” is repealed.

14U.K.In section 43, after subsection (1) insert—

(1A)Local authority” means a local authority in England.

15U.K.In section 50(1), for “registration authority” substitute “ CIECSS ”.

16U.K.Section 79(3) is repealed.

Health and Social Care (Community Health and Standards) Act 2003E+W

17U.K.The Health and Social Care (Community Health and Standards) Act 2003 (c.43) is amended as follows.

18U.K.Chapter 6 of Part 2 (social services: functions of the National Assembly for Wales) is repealed.

19U.K.In section 142, in paragraph (a)—

(a)in sub-paragraph (i), omit “and 6”;

(b)in sub-paragraph (ii), for “section 5(b)” substitute “ section 5(1)(b) ”.

20U.K.In section 143(2), paragraph (b) is repealed.

Public Audit (Wales) Act 2004E+W

21U.K.The Public Audit (Wales) Act 2004 (c.23) is amended as follows.

22U.K.In section 41(6) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies for improving economy etc. in services), for the words from “sections 94 and 95” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

23U.K.In section 42(4) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies about the impact of statutory provisions), for the words from “section 95(2)” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ”

Children Act 2004E+W

24U.K.In section 30 of the Children Act 2004 (c.31) (inspection of functions under Part 3), for subsection (1) substitute—

(1)The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).

Public Services Ombudsman (Wales) Act 2005E+W

25U.K.The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

26U.K.In section 34R (meaning of “care home” and “care home provider”)—

(a)in subsection (2), for the words from “has” to the end substitute “ means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over; ”

(b)in subsection (3), for “carries on a care home” substitute “ is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over ”;

(c)in subsection (5), for the words from “personal” to the end of paragraph (a) substitute “ care in a care home in Wales for an individual because of the individual's vulnerability or need, ”;

(d)after subsection (5), insert—

(6)Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

27U.K.In section 42(4A) (meaning of “former care home provider”), for the words from “personal” to the end of paragraph (a) substitute “ care of a particular description at a care home in Wales (see section 32R), ”.

Safeguarding Vulnerable Groups Act 2006E+W

28U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Services and Well-being (Wales) Act 2014E+W

29E+WThe 2014 Act is amended as follows.

30E+WIn section 1 (overview)—

(a)in subsection (9)—

(i)after paragraph (b) insert—

(ba)requires local authorities to produce—

(i)annual reports about the exercise of social services functions, and

(ii)reports about the stability of local markets for providing care and support,

(sections 144A and 144B);

(ii)after paragraph (c) insert—

(ca)provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B);

(iii)in paragraph (d), for “161).” substitute 160);

(da)allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C).”;;

(b)in subsection (15)(c), for “an establishment or agency (within the meaning of the Care Standards Act 2000)” substitute “ a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) ”.

31E+WSection 183 (publicising advocacy services in care homes) is repealed.

32E+WIn section 188(1) (definitions for the purposes of sections 185 to 187), in the definition of “youth detention accommodation”, for paragraph (a) substitute—

(a)a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);.

33E+WIn section 189 (provider failure: temporary duty on local authority)—

(a)for subsection (1) substitute—

(1)This section applies where a service provider becomes unable to provide a regulated service because of business failure.;

(b)in subsection (2), for the words from “registered” to “agency” where it second occurs substitute “ service provider became unable to provide the regulated service, being met in the authority's area by the service provider ”;

(c)in subsection (5)(a), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”;

(d)in subsection (9)—

(i)the definition of “registered person” is repealed;

(ii)before the definition of “relevant carer” insert—

regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

(iii)at the end insert—

service provider” (“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

34E+WIn section 190(1) (provider failure: exception to temporary duty), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ”.

35E+WIn section 191 (provider failure: supplementary)—

(a)in subsection (6), for “registered person, or such other person involved in the establishment or agency's” substitute “service provider, or such other person involved in the service provider's”;

(b)in subsection (7), for “carry on or manage an establishment or agency” substitute “ provide a regulated service ”.

[F3636.E+WIn section 197(1) (definitions)—

(a)for the definition of “care home”, substitute—

  • “care home” (“cartref gofal”)—

    (a)

    has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and

    (b)

    means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to adults;;

(b)for the definition of “children’s home”, substitute—

  • “children’s home” (“cartref plant”) means—

    (a)

    a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; and

    (b)

    means premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children by a person registered under Part 1 of that Act;.]

PART 2 E+WSOCIAL CARE WALES

Mental Health Act 1983E+W

37E+WThe Mental Health Act 1983 (c.20) is amended as follows.

Commencement Information

I149Sch. 3 para. 37 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

38E+WIn section 114A (approval of courses for mental health professionals: Wales)—

(a)in subsection (1), for “Care Council for Wales” substitute “ Social Care Wales ”;

(b)for subsection (2) substitute—

(2)For that purpose—

(a)subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and

(b)sections 73 to 75 and section 115 of that Act apply accordingly.”;

(c)in subsection (4), for the words from “for” to the end substitute “ for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 ”;

(d)in subsection (5), for “Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I150Sch. 3 para. 38 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

39E+WIn section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties), for the words from “principal” to the end substitute “ social worker part or the visiting European [F37social worker] part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ”

Textual Amendments

Commencement Information

I151Sch. 3 para. 39 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Care Standards Act 2000E+W

40E+WThe Care Standards Act 2000 (c.14) is amended as follows.

Commencement Information

I152Sch. 3 para. 40 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

41E+WThe following provisions are repealed—

(a)sections 56 (the register) to 66 (visitors for certain social work courses);

(b)sections 68 (appeals to the tribunal), 69 (publication etc. of register) and 71 (rules);

(c)section 113 (default powers of appropriate Minister);

(d)the entry for the Welsh Council in the table in section 121(13) (general interpretation etc.);

(e)Schedule 1 (the Welsh Council).

Commencement Information

I153Sch. 3 para. 41 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

42E+WIn section 55 (interpretation)—

(a)for subsections [F38(4A),] (2), (3) and (4) substitute—

(2)Social care worker” means a person (other than a person excepted by regulations) who—

(a)engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “social worker”),

(b)is employed at a children's home in England, a care home in England or a residential family centre in England,

(c)manages a home or centre of a kind mentioned in paragraph (b),

(d)is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,

(e)manages an agency of the kind mentioned in paragraph (d), or

(f)is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3)Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a)a person engaged in work for the purposes of a local authority in England's social services functions;

(b)a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;

(c)a person engaged in the provision of personal care for any person in England;

(d)a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England;

(e)a person who manages an undertaking of the kind mentioned in paragraph (d);

(f)a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);

(g)a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

(i)section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),

(ii)section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or

(iii)section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);

(h)a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);

(i)a person who manages employees mentioned in paragraph (g) or (h);

(j)a person employed in a day centre in England;

(k)a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers., and

(b)omit subsections (6), (7) and (8).

Textual Amendments

Commencement Information

I154Sch. 3 para. 42 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

43E+WIn section 67 (functions of the appropriate Minister)—

(a)in subsection (1), for “appropriate Minister” substitute “ Secretary of State ”,

(b)for subsection (2) substitute—

(2)The Secretary of State shall encourage persons to take part in—

(a)courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and

(b)other courses relevant to the training of persons who are or wish to become social care workers.;

(c)in subsection (3)—

(i)for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”, and

(ii)for “appropriate Minister” at the second place it appears substitute “ Secretary of State ”;

(d)in subsection (4)—

(i)for “appropriate Minister” at the first place it appears substitute “ Secretary of State ”,

(ii)for “the Minister” substitute “ he or she ”, and

(iii)in paragraph (a), omit “and Wales,”;

(e)omit subsection (6);

(f)in subsection (7)—

(i)in paragraph (a), omit “or (6)(b)”,

(ii)in paragraph (b), for “appropriate Minister” substitute “ Secretary of State ”, and

(iii)in the words after paragraph (b), for “and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b)” substitute “ and in subsection (5)(b) ”;

(g)for the heading, substitute “ Functions of the Secretary of State ”.

Commencement Information

I155Sch. 3 para. 43 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

44E+WIn Schedule 2A (persons subject to review by the Children's Commissioner for Wales), in paragraph 14, for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I156Sch. 3 para. 44 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Adoption and Children Act 2002E+W

45E+WThe Adoption and Children Act 2002 (c.38) is amended as follows.

Commencement Information

I157Sch. 3 para. 45 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

46E+WIn section 10(2) (management etc. of agencies), for “section 56(1) of the Care Standards Act 2000 (c. 14)” substitute “ section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”.

Commencement Information

I158Sch. 3 para. 46 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Public Audit (Wales) Act 2004E+W

47E+WThe Public Audit (Wales) Act 2004 (c.23) is amended as follows.

Commencement Information

I159Sch. 3 para. 47 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

48E+WIn section 41 (studies for improving economy etc. in services), after subsection (6) insert—

(7)Subsection (8) applies in respect of the discharge of social services functions by local authorities in Wales.

(8)The Auditor General and the Social Care Wales must co-operate with each other with respect to the exercise of their respective functions under this section and section 70 of the Regulation and Inspection of Social Care (Wales) Act 2016 (studies by SCW as to economy etc.).

(9)In subsection (7) “social services functions” has the same meaning as in the Social Services and Well-being (Wales) Act 2014.

Commencement Information

I160Sch. 3 para. 48 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Public Services Ombudsman (Wales) Act 2005E+W

49E+WThe Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.

Commencement Information

I161Sch. 3 para. 49 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

50E+WIn Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I162Sch. 3 para. 50 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Commissioner for Older People (Wales) Act 2006E+W

51E+WThe Commissioner for Older People (Wales) Act 2006 (c.30) is amended as follows.

Commencement Information

I163Sch. 3 para. 51 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

52E+WIn Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “ Social Care Wales ”.

Commencement Information

I164Sch. 3 para. 52 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Safeguarding Vulnerable Groups Act 2006E+W

53E+WThe Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows.

Commencement Information

I165Sch. 3 para. 53 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

54E+WIn section 41 (registers: power to refer information to the Disclosure and Barring Service), in entry number 8 in the table in subsection (7)—

(a)in column 1, for “under section 56 of the Care Standards Act 2000 (c. 14)” substitute “ under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ”, and

(b)in column 2, for “The Care Council for Wales” substitute “ the registrar appointed under section 81 of that Act ”.

Commencement Information

I166Sch. 3 para. 54 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

55E+WIn Part 3 of Schedule 3 (barred lists: supplementary provision)—

(a)in paragraph 16(4)(l), for “the Care Council for Wales” substitute “ Social Care Wales ”, and

(b)after paragraph 16(4) insert—

(4A)The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

Commencement Information

I167Sch. 3 para. 55 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

56E+WIn Part 2 of Schedule 4 (regulated activity in relation to vulnerable adults)—

(a)at the beginning of paragraph 7(3C) insert “ In relation to a vulnerable adult in in England, ”, and

(b)after paragraph 7(3C) insert—

(3CA)In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.

Commencement Information

I168Sch. 3 para. 56 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Health and Social Care Act 2008E+W

57E+WThe Health and Social Care Act 2008 (c.14) is amended as follows.

Commencement Information

I169Sch. 3 para. 57 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

58E+WThe following provisions are repealed—

(a)section 124 (regulation of social care workers);

(b)section 125 (standard of proof in proceedings relating to registration of social care workers);

(c)section 126 (education and training of approved mental health professionals);

(d)subsection (3)(b) (and the “or” immediately before it) of section 163 (orders and regulations: control by National Assembly for Wales);

(e)subsection (4)(za) of section 171 (the appropriate authority by whom commencement order is made);

(f)Schedule 9 (regulation of social care workers: Wales).

Commencement Information

I170Sch. 3 para. 58 in force at 3.4.2017 by S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

PART 3 E+WMISCELLANEOUS

Public Services Ombudsman (Wales) Act 2005E+W

59E+WIn section 33 of the Public Services Ombudsman (Wales) Act 2005 (c.10) (publicity for complaints procedures), after subsection (7) insert—

(8)This section applies to a care home provider (see section 34R), a domiciliary care provider (see section 34S) or an independent palliative care provider (see section 34T) as it applies to a listed authority.

(9)But in its application in accordance with subsection (8), the reference to “relevant services” in subsection (2)(a)(i) is to be read as a reference to the matters to which Part 2A applies (see section 34A).

Commencement Information

I171Sch. 3 para. 59 in force at 6.4.2016 by S.I. 2016/467, art. 2

Social Services and Well-being (Wales) Act 2014E+W

60E+WThe 2014 Act is amended as follows.

Commencement Information

I172Sch. 3 para. 60 in force at 6.4.2016 by S.I. 2016/467, art. 3

61E+WIn the Welsh text of section 21(3)(b) (duty to assess the needs of a child for care and support), for “, rhieni'r plentyn neu unrhyw berson arall a chanddo gyfrifoldeb rhiant dros y plentyn” substitute “ neu unrhyw berson a chanddo gyfrifoldeb rhiant dros y plentyn ”.

Commencement Information

I173Sch. 3 para. 61 in force at 6.4.2016 by S.I. 2016/467, art. 3

62E+WIn section 42 (duty to meet support needs of a child carer)—

(a)in subsection (4)(a)(i), for “41(5)” substitute “ 43(5) ”;

(b)in subsection (4)(a)(ii), for “41(1)” substitute “ 43(1) ”;

(c)in subsection (4)(b)(i), for “41(5)” substitute “ 43(5) ”;

(d)in subsection (4)(b)(ii), for “41(3)” substitute “ 43(3) ”;

(e)in subsection (4)(c)(i), for “41(10)” substitute “ 43(10) ”;

(f)in subsection (4)(c)(ii), for “41(3)” substitute “ 43(3) ”.

Commencement Information

I174Sch. 3 para. 62 in force at 6.4.2016 by S.I. 2016/467, art. 3

63E+WIn the Welsh text of section 46(3) (exception for persons subject to immigration control), for the words from “For” to “question” substitute “At ddibenion is-adran (1), mae adran 95(3) a (5) i (8) o Ddeddf 1999, a pharagraff 2 o Atodlen 8 iddi, yn gymwys ond mae'r cyfeiriadau yn adran 95(5) a (7) a'r paragraff hwnnw at yr Ysgrifennydd Gwladol i'w darllen fel cyfeiriadau at yr awdurdod lleol dan sylw”.

Commencement Information

I175Sch. 3 para. 63 in force at 6.4.2016 by S.I. 2016/467, art. 3

64E+WIn the Welsh text of section 147(3) (departure from requirements in codes), after “gategori” insert “ penodol ”.

Commencement Information

I176Sch. 3 para. 64 in force at 6.4.2016 by S.I. 2016/467, art. 3

65E+WIn section 197(1) (general interpretation), in the definition of “voluntary organisation”, for “private body” substitute “ local authority ”.

Commencement Information

I177Sch. 3 para. 65 in force at 6.4.2016 by S.I. 2016/467, art. 3