LegalizeReform history
Regulation and Inspection of Social Care (Wales) Act 2016
20 versions
· 2016-01-18
2026-01-01
Regulation and Inspection of Social Care (Wales) Act 2016
2025-03-31
Regulation and Inspection of Social Care (Wales) Act 2016
2025-03-25
Regulation and Inspection of Social Care (Wales) Act 2016
2024-03-31
Regulation and Inspection of Social Care (Wales) Act 2016
2023-12-31
Regulation and Inspection of Social Care (Wales) Act 2016
2023-04-01
Regulation and Inspection of Social Care (Wales) Act 2016
2021-02-23
Regulation and Inspection of Social Care (Wales) Act 2016
2020-12-31
Regulation and Inspection of Social Care (Wales) Act 2016
2020-04-01
Regulation and Inspection of Social Care (Wales) Act 2016
2020-03-25
Regulation and Inspection of Social Care (Wales) Act 2016
2019-04-29
Regulation and Inspection of Social Care (Wales) Act 2016
2019-04-10
Regulation and Inspection of Social Care (Wales) Act 2016
2018-04-02
Regulation and Inspection of Social Care (Wales) Act 2016
2018-02-01
Regulation and Inspection of Social Care (Wales) Act 2016
2017-09-04
Regulation and Inspection of Social Care (Wales) Act 2016
2017-04-03
Regulation and Inspection of Social Care (Wales) Act 2016
2016-07-11
Regulation and Inspection of Social Care (Wales) Act 2016
2016-04-06
Regulation and Inspection of Social Care (Wales) Act 2016
2016-01-19
Regulation and Inspection of Social Care (Wales) Act 2016
Changes on 2016-01-19
@@ -12,15 +12,15 @@
- (a) this Chapter defines some key terms including what is meant by a “regulated service” in this Act, and sets out the general objectives of the Welsh Ministers in relation to the regulation of such services;
- (b) Chapter 2 sets out the Welsh Ministers’ functions in relation to registering persons who provide regulated services, including provision about varying and cancelling registrations and provision about notifications and appeals;
- (c) Chapter 3 sets out the Welsh Ministers’ powers to require information and to carry out inspections;
- (b) Chapter 2 sets out the Welsh Ministers' functions in relation to registering persons who provide regulated services, including provision about varying and cancelling registrations and provision about notifications and appeals;
- (c) Chapter 3 sets out the Welsh Ministers' powers to require information and to carry out inspections;
- (d) Chapter 4 confers some general functions on the Welsh Ministers in relation to regulated services;
- (e) Chapter 5 makes provision for offences and penalties;
- (f) Chapter 6 amends the Social Services and [Well-being (Wales) Act 2014 (anaw 4)](https://www.legislation.gov.uk/anaw/2014/4) to make provision in respect of the social services functions of local authorities (on which, see Schedule 2 to the 2014 Act) including, in particular, provision about—
- (f) Chapter 6 amends the Social Services and Well-being (Wales) Act 2014 (anaw 4) to make provision in respect of the social services functions of local authorities (on which, see Schedule 2 to the 2014 Act) including, in particular, provision about—
- (i) annual reports by local authorities;
@@ -40,7 +40,7 @@
##### 2
- (1) In this Act, “regulated service” means—
- (1) In this Act, “*regulated service*” means—
- (a) a care home service,
@@ -72,25 +72,25 @@
- (1) In this Act—
- (a) “care” means care relating to—
- (a) “*care*” means care relating to—
- (i) the day to day physical tasks and needs of the person cared for (for example, eating and washing), and
- (ii) the mental processes related to those tasks and needs (for example, the mental process of remembering to eat and wash);
- (b) “regulatory functions” means the Welsh Ministers’ functions under—
- (b) “*regulatory functions*” means the Welsh Ministers' functions under—
- (i) this Part,
- (ii) sections 94A and 149A to 161B of the 2014 Act, and
- (iii) section 15 of the [Adoption and Children Act 2002 (c.38)](https://www.legislation.gov.uk/ukpga/2002/38) (inspection of premises relating to adoption services),
but any function of making, confirming or approving subordinate legislation (as defined by section 158(1) of the [Government of Wales Act 2006 (c.32)](https://www.legislation.gov.uk/ukpga/2006/32)) is not a regulatory function;
- (c) “service provider” means a person registered under section 7 to provide a regulated service;
- (d) “support” means counselling, advice or other help, provided as part of a plan prepared for the person receiving support by—
- (iii) section 15 of the Adoption and Children Act 2002 (c.38) (inspection of premises relating to adoption services),
but any function of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006 (c.32)) is not a regulatory function;
- (c) “*service provider*” means a person registered under section 7 to provide a regulated service;
- (d) “*support*” means counselling, advice or other help, provided as part of a plan prepared for the person receiving support by—
- (i) a service provider or other person providing care and support to the person, or
@@ -138,7 +138,7 @@
- (b) specifying the places at, from or in relation to which the service is to be provided,
- (c) designating an individual as the responsible individual in respect of each place and stating each such individual’s name and address (section 21 sets out who may be designated as a responsible individual), and
- (c) designating an individual as the responsible individual in respect of each place and stating each such individual's name and address (section 21 sets out who may be designated as a responsible individual), and
- (d) including such other information as may be prescribed.
@@ -206,7 +206,7 @@
- (i) by virtue of section 35 or 37 of the 2014 Act, to meet the needs of the person being visited, or
- (ii) by virtue of section 40 or 42 of that Act, to meet the needs of that person’s carer, and
- (ii) by virtue of section 40 or 42 of that Act, to meet the needs of that person's carer, and
- (b) the authority meets those needs by providing or arranging the provision of a domiciliary support service to the person being visited.
@@ -216,7 +216,7 @@
- (i) a care and support plan under section 54(1) of the 2014 Act in respect of the person being visited, or
- (ii) a support plan under that section in respect of the person’s carer, and
- (ii) a support plan under that section in respect of the person's carer, and
- (b) either—
@@ -262,15 +262,15 @@
- (a) committed—
- (i) any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the [Sexual Offences Act 2003 (c.42)](https://www.legislation.gov.uk/ukpga/2003/42) (offences attracting notification requirements),
- (i) any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements),
- (ii) an offence under this Act or regulations made under it,
- (iii) an offence under Part 2 of the [Care Standards Act 2000 (c.14)](https://www.legislation.gov.uk/ukpga/2000/14) or regulations made under it, or
- (iii) an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it, or
- (iv) any other offence which the Welsh Ministers think is relevant, or
- (b) practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the [Equality Act 2010 (c.15)](https://www.legislation.gov.uk/ukpga/2010/15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business.
- (b) practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010 (c.15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business.
- (5) Evidence is within this subsection if—
@@ -320,9 +320,9 @@
- (iii) the name of the responsible individual registered in respect of each such place;
- (iv) the date on which the provider’s registration took effect in respect of each such regulated service and place;
- (v) details of any other conditions imposed on the service provider’s registration;
- (iv) the date on which the provider's registration took effect in respect of each such regulated service and place;
- (v) details of any other conditions imposed on the service provider's registration;
- (vi) details of the number of persons to whom the provider provided care and support during the year in the course of providing each such service;
@@ -354,13 +354,13 @@
##### 11
- (1) A service provider must apply to the Welsh Ministers for a variation of the provider’s registration if—
- (1) A service provider must apply to the Welsh Ministers for a variation of the provider's registration if—
- (a) the provider wants to—
- (i) provide a regulated service which the provider is not already registered to provide,
- (ii) provide a regulated service at, from or in relation to a place which is not already specified in the provider’s registration in relation to that service,
- (ii) provide a regulated service at, from or in relation to a place which is not already specified in the provider's registration in relation to that service,
- (iii) cease to provide a regulated service, or
@@ -370,7 +370,7 @@
- (c) the provider wants to designate a different responsible individual in respect of a place or is required to designate a responsible individual because there is no such individual designated in respect of a place at, from or in relation to which the provider provides a regulated service.
- (2) The Welsh Ministers must by regulations prescribe a time limit within which an application for variation of a provider’s registration must be made in circumstances where there is no responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service.
- (2) The Welsh Ministers must by regulations prescribe a time limit within which an application for variation of a provider's registration must be made in circumstances where there is no responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service.
- (3) An application under subsection (1) must—
@@ -394,7 +394,7 @@
- (a) vary a condition on different terms to those specified in the application, or
- (b) impose another condition on the provider’s registration (whether in place of or in addition to the condition which the provider applied to have varied or removed).
- (b) impose another condition on the provider's registration (whether in place of or in addition to the condition which the provider applied to have varied or removed).
- (3) But a variation under this section takes effect only if the requirements of sections 18 to 20 are met (so far as applicable).
@@ -406,17 +406,17 @@
- (a) vary any condition imposed under section 7(3)(b), 12(2) or paragraph (b) of this subsection, or
- (b) impose a further condition on a service provider’s registration.
- (2) No variation of a provider’s registration may be made under subsection (1) unless the requirements of sections 18 and 19 are met (but this does not affect the Welsh Ministers’ power to urgently vary a registration under section 25).
- (3) If a service provider provides more than one regulated service, the Welsh Ministers may vary the provider’s registration by removing a regulated service if satisfied that—
- (b) impose a further condition on a service provider's registration.
- (2) No variation of a provider's registration may be made under subsection (1) unless the requirements of sections 18 and 19 are met (but this does not affect the Welsh Ministers' power to urgently vary a registration under section 25).
- (3) If a service provider provides more than one regulated service, the Welsh Ministers may vary the provider's registration by removing a regulated service if satisfied that—
- (a) the service provider no longer provides that service, or
- (b) the service is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service.
- (4) If a service provider provides a regulated service at, from or in relation to more than one place, the Welsh Ministers may vary the provider’s registration by removing a place if satisfied that—
- (4) If a service provider provides a regulated service at, from or in relation to more than one place, the Welsh Ministers may vary the provider's registration by removing a place if satisfied that—
- (a) the service provider no longer provides a regulated service at, from or in relation to that place,
@@ -424,13 +424,13 @@
- (c) there is no responsible individual designated in respect of that place (and the time limit prescribed under section 11(2) has expired).
- (5) No variation may be made under subsection (3) or (4) unless the requirements of sections 16 and 17 are met (but this does not affect the Welsh Ministers’ power to urgently vary a registration under section 23).
- (5) No variation may be made under subsection (3) or (4) unless the requirements of sections 16 and 17 are met (but this does not affect the Welsh Ministers' power to urgently vary a registration under section 23).
#### Application for cancellation of registration as a service provider
##### 14
- (1) If a service provider applies to the Welsh Ministers for cancellation of the provider’s registration, the Welsh Ministers must grant the application unless they have taken action with a view to cancelling the registration under section 15 or 23.
- (1) If a service provider applies to the Welsh Ministers for cancellation of the provider's registration, the Welsh Ministers must grant the application unless they have taken action with a view to cancelling the registration under section 15 or 23.
- (2) The Welsh Ministers must give notice of the granting of an application for cancellation under this section to the service provider.
@@ -462,11 +462,11 @@
- (a) an offence under this Act or regulations made under it;
- (b) an offence under Part 2 of the [Care Standards Act 2000 (c.14)](https://www.legislation.gov.uk/ukpga/2000/14) or regulations made under it;
- (b) an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it;
- (c) any offence which, in the opinion of the Welsh Ministers, makes it appropriate for the registration to be cancelled (including an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence).
- (3) No cancellation may be made under this section unless the requirements of sections 16 and 17 are met (but this does not affect the Welsh Ministers’ power to urgently cancel a registration under section 23).
- (3) No cancellation may be made under this section unless the requirements of sections 16 and 17 are met (but this does not affect the Welsh Ministers' power to urgently cancel a registration under section 23).
### Notice requirements
@@ -478,7 +478,7 @@
- (a) cancel the registration of a service provider under section 15, or
- (b) vary a provider’s registration under section 13(3) or (4).
- (b) vary a provider's registration under section 13(3) or (4).
- (2) Before cancelling or varying the registration the Welsh Ministers must give an improvement notice to the service provider.
@@ -506,13 +506,13 @@
- (b) information so specified has been provided,
within the time limit specified in the notice they must notify the service provider that they have decided not to cancel or vary the provider’s registration on the ground specified in the improvement notice.
- (2) If the Welsh Ministers are not satisfied that information specified in an improvement notice has been provided within the time limit specified in the notice they must give the service provider a decision notice stating that the provider’s registration is to be cancelled or varied on the ground specified in the improvement notice.
within the time limit specified in the notice they must notify the service provider that they have decided not to cancel or vary the provider's registration on the ground specified in the improvement notice.
- (2) If the Welsh Ministers are not satisfied that information specified in an improvement notice has been provided within the time limit specified in the notice they must give the service provider a decision notice stating that the provider's registration is to be cancelled or varied on the ground specified in the improvement notice.
- (3) If the Welsh Ministers are not satisfied that action specified in an improvement notice has been taken within the time limit specified in the notice they must either—
- (a) give the service provider a decision notice stating that the provider’s registration is to be cancelled or varied on the ground specified in the improvement notice, or
- (a) give the service provider a decision notice stating that the provider's registration is to be cancelled or varied on the ground specified in the improvement notice, or
- (b) notify the provider—
@@ -522,11 +522,11 @@
- (iii) that, following that date, an inspection under section 33 of the regulated service or place to which the improvement notice relates will be carried out, and
- (iv) that, following that inspection, if the action has not been taken they will proceed to cancel or vary the provider’s registration on the ground specified in the improvement notice.
- (4) If, after the inspection, the Welsh Ministers are satisfied that the action specified in the improvement notice has been taken they must notify the service provider that they have decided not to cancel or vary the provider’s registration on the ground specified in the improvement notice.
- (5) If, after the inspection, the Welsh Ministers are still not satisfied that the action specified in the improvement notice has been taken they must give the service provider a decision notice stating that the provider’s registration is to be cancelled or varied on the ground specified in the improvement notice.
- (iv) that, following that inspection, if the action has not been taken they will proceed to cancel or vary the provider's registration on the ground specified in the improvement notice.
- (4) If, after the inspection, the Welsh Ministers are satisfied that the action specified in the improvement notice has been taken they must notify the service provider that they have decided not to cancel or vary the provider's registration on the ground specified in the improvement notice.
- (5) If, after the inspection, the Welsh Ministers are still not satisfied that the action specified in the improvement notice has been taken they must give the service provider a decision notice stating that the provider's registration is to be cancelled or varied on the ground specified in the improvement notice.
- (6) A decision notice given under subsection (2), (3)(a) or (5) must—
@@ -630,13 +630,13 @@
##### 21
- (1) In this Part, “responsible individual” means an individual—
- (1) In this Part, “*responsible individual*” means an individual—
- (a) who is eligible to be a responsible individual under subsection (2),
- (b) who the Welsh Ministers are satisfied is a fit and proper person to be a responsible individual (see section 9), and
- (c) designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider’s registration.
- (c) designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider's registration.
- (2) To be eligible to be a responsible individual the individual must—
@@ -654,9 +654,9 @@
- (d) where the service provider is an unincorporated body, be a member of the body;
- (e) where the service provider is a local authority, be an officer of the local authority designated by the authority’s director of social services.
- (3) For the purposes of subsection (2)(e), a local authority’s director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual.
- (e) where the service provider is a local authority, be an officer of the local authority designated by the authority's director of social services.
- (3) For the purposes of subsection (2)(e), a local authority's director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual.
- (4) The same responsible individual may be designated in relation to more than one place at, from or in relation to which a regulated service is provided.
@@ -670,7 +670,7 @@
##### 22
- (1) The Welsh Ministers may cancel a responsible individual’s designation only on one or more of the following grounds—
- (1) The Welsh Ministers may cancel a responsible individual's designation only on one or more of the following grounds—
- (a) they have reason to believe the individual no longer satisfies the requirements of section 21(2);
@@ -680,13 +680,13 @@
- (d) they have reason to believe that the individual has not complied with a requirement imposed on the individual by regulations under section 28(1).
- (2) In subsection (1)(b), “relevant offence” has the same meaning as in section 15.
- (3) If the Welsh Ministers propose to cancel a responsible individual’s designation they must give the individual an improvement notice.
- (2) In subsection (1)(b), “*relevant offence*” has the same meaning as in section 15.
- (3) If the Welsh Ministers propose to cancel a responsible individual's designation they must give the individual an improvement notice.
- (4) An improvement notice given under subsection (3) must specify—
- (a) the reason why the Welsh Ministers propose to cancel the responsible individual’s designation,
- (a) the reason why the Welsh Ministers propose to cancel the responsible individual's designation,
- (b) either—
@@ -694,7 +694,7 @@
- (ii) information they think the individual must provide,
in order to satisfy them that the individual’s designation should not be cancelled, and
in order to satisfy them that the individual's designation should not be cancelled, and
- (c) a time limit within which the action must be taken or the information must be provided.
@@ -706,7 +706,7 @@
within the time limit specified in the notice they may give a notice of cancellation.
- (6) The Welsh Ministers may give a notice of cancellation of a responsible individual’s designation without taking the steps mentioned in subsections (3) to (5) if they have reasonable cause to believe that unless the designation is cancelled a person will or may be exposed to a risk of harm.
- (6) The Welsh Ministers may give a notice of cancellation of a responsible individual's designation without taking the steps mentioned in subsections (3) to (5) if they have reasonable cause to believe that unless the designation is cancelled a person will or may be exposed to a risk of harm.
- (7) A notice of cancellation must be given to—
@@ -726,13 +726,13 @@
- (d) state the time limit prescribed under section 11(2) (prescribed time limit for applying to designate a new responsible individual).
- (10) In subsection (6), “harm” means abuse or impairment of—
- (10) In subsection (6), “*harm*” means abuse or impairment of—
- (a) physical or mental health, or
- (b) physical, intellectual, emotional, social or behavioural development,
and in a case where the harm relates to the impairment of a child’s health or development, the child’s health or development is to be compared with that which could reasonably be expected of a similar child.
and in a case where the harm relates to the impairment of a child's health or development, the child's health or development is to be compared with that which could reasonably be expected of a similar child.
### Urgent action
@@ -752,7 +752,7 @@
- (2) The Welsh Ministers may apply for an order under subsection (1) only on the ground that unless the registration is cancelled or varied there is a serious risk—
- (a) to a person’s—
- (a) to a person's—
- (i) life, or
@@ -812,7 +812,7 @@
- (1) This section applies where the Welsh Ministers think that unless they act under this section there is, or may be, a risk—
- (a) to a person’s—
- (a) to a person's—
- (i) life, or
@@ -950,7 +950,7 @@
- (b) for this Part to apply with prescribed modifications to service providers in relation to whom such a person has been appointed.
- (2) In subsection (1) “appointed person” means a person appointed as—
- (2) In subsection (1) “*appointed person*” means a person appointed as—
- (a) a receiver or administrative receiver of the property of a service provider who is a body corporate or a partnership;
@@ -980,7 +980,7 @@
- (2) But the Welsh Ministers may not require a person to provide information if disclosure of that information is prohibited by any enactment or other rule of law.
- (3) For the purposes of subsection (1), “relevant person” means—
- (3) For the purposes of subsection (1), “*relevant person*” means—
- (a) a service provider,
@@ -1000,13 +1000,13 @@
##### 33
- (1) In this Part a reference to an “inspection” is a reference to an inspection—
- (1) In this Part a reference to an “*inspection*” is a reference to an inspection—
- (a) of the standard of any care and support provided by a service provider in the course of providing a regulated service, measured in relation to any requirements imposed by regulations under section 27(1) as to the standard of care and support to be provided;
- (b) of the organisation and co-ordination of regulated services provided by a service provider.
- (2) Only an individual authorised by the Welsh Ministers (referred to in this Part as an “inspector”) may carry out an inspection.
- (2) Only an individual authorised by the Welsh Ministers (referred to in this Part as an “*inspector*”) may carry out an inspection.
- (3) The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector.
@@ -1028,7 +1028,7 @@
- (2) But an inspector may not enter and inspect premises used wholly or mainly as a private dwelling unless the occupier consents.
- (3) Where an inspector enters premises for the purposes of carrying out an inspection, the inspector must, if requested to do so by any person at the premises, produce a document showing the inspector’s authorisation under section 33.
- (3) Where an inspector enters premises for the purposes of carrying out an inspection, the inspector must, if requested to do so by any person at the premises, produce a document showing the inspector's authorisation under section 33.
- (4) The inspector may—
@@ -1062,7 +1062,7 @@
- (b) require documents or records to be produced in a form which is legible and portable.
- (6) “Premises” includes a vehicle.
- (6) “*Premises*” includes a vehicle.
#### Powers of inspector to interview and examine persons
@@ -1070,7 +1070,7 @@
- (1) If an inspector thinks it necessary or expedient for the purposes of carrying out an inspection, the inspector may require any person to be interviewed by the inspector in private.
- (2) But an inspector may not interview in private a person falling within subsection (3) without the person’s consent.
- (2) But an inspector may not interview in private a person falling within subsection (3) without the person's consent.
- (3) The following persons fall within this subsection—
@@ -1080,7 +1080,7 @@
- (c) a relative of the person;
- (d) the person’s carer;
- (d) the person's carer;
- (e) a donee of a lasting power of attorney over the person.
@@ -1104,19 +1104,19 @@
- (b) an individual accompanying that person,
produce a document showing the inspector’s authorisation under section 33 and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse.
produce a document showing the inspector's authorisation under section 33 and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse.
- (7) In this section—
- “carer” (“*gofalwr*”) has the meaning given by section 3 of the 2014 Act;
- “child” (“*plentyn*”) means a person who is aged under 18;
- “donee of a lasting power of attorney” (“*rhoddai atwrneiaeth arhosol*”) has the same meaning as in Part 1 of the [Mental Capacity Act 2005 (c.9)](https://www.legislation.gov.uk/ukpga/2005/9);
- “parental responsibility” (“*cyfrifoldeb rhiant*”) has the meaning given by section 3 of the [Children Act 1989 (c.41)](https://www.legislation.gov.uk/ukpga/1989/41);
- “relative” (“*perthynas*”), in relation to a person, means that person’s parent, grandparent, child, grandchild, brother, half-brother, sister, half-sister, uncle, aunt, nephew or niece (including any person who is or has been in that relationship by virtue of a marriage or civil partnership or an enduring family relationship).
- “*carer*” (“**gofalwr**”) has the meaning given by section 3 of the 2014 Act;
- “*child*” (“**plentyn**”) means a person who is aged under 18;
- “*donee of a lasting power of attorney*” (“**rhoddai atwrneiaeth arhosol**”) has the same meaning as in Part 1 of the Mental Capacity Act 2005 (c.9);
- “*parental responsibility*” (“**cyfrifoldeb rhiant**”) has the meaning given by section 3 of the Children Act 1989 (c.41);
- “*relative*” (“**perthynas**”), in relation to a person, means that person's parent, grandparent, child, grandchild, brother, half-brother, sister, half-sister, uncle, aunt, nephew or niece (including any person who is or has been in that relationship by virtue of a marriage or civil partnership or an enduring family relationship).
#### Inspection reports
@@ -1180,9 +1180,9 @@
- (c) the name of the responsible individual registered in respect of each such place;
- (d) the date on which the provider’s registration took effect in respect of each such regulated service and place;
- (e) details of any other conditions imposed on the service provider’s registration;
- (d) the date on which the provider's registration took effect in respect of each such regulated service and place;
- (e) details of any other conditions imposed on the service provider's registration;
- (f) a summary of any inspection report relating to the service provider which has been published under section 36(3)(a);
@@ -1224,7 +1224,7 @@
- (2) A notification under this section must contain such other information as may be prescribed.
- (3) In subsection (1) the reference to “local authority” includes a reference to—
- (3) In subsection (1) the reference to “*local authority*” includes a reference to—
- (a) a county council in England,
@@ -1290,7 +1290,7 @@
- (a) the involvement of the public in inspections carried out under Chapter 3, and
- (b) the involvement of carers (within the meaning of section 3 of the 2014 Act) in the exercise of the Welsh Ministers’ regulatory functions.
- (b) the involvement of carers (within the meaning of section 3 of the 2014 Act) in the exercise of the Welsh Ministers' regulatory functions.
- (4) The Welsh Ministers must lay a copy of a published statement of policy (or revised statement) before the National Assembly for Wales.
@@ -1316,15 +1316,15 @@
- (3) The annual report may include any other information the Welsh Ministers think appropriate.
- (4) The duties referred to in subsection (2)(c) are the Welsh Ministers’ duties under—
- (a) section 149 of the [Equality Act 2010 (c.15)](https://www.legislation.gov.uk/ukpga/2010/15) (public sector equality duty),
- (b) section 1(1) of the [Rights of Children and Young Persons (Wales) Measure 2011 (nawm 2)](https://www.legislation.gov.uk/mwa/2011/2) (duty to have due regard to the United Nations Convention on the Rights of the Child),
- (4) The duties referred to in subsection (2)(c) are the Welsh Ministers' duties under—
- (a) section 149 of the Equality Act 2010 (c.15) (public sector equality duty),
- (b) section 1(1) of the Rights of Children and Young Persons (Wales) Measure 2011 (nawm 2) (duty to have due regard to the United Nations Convention on the Rights of the Child),
- (c) section 7(1) of the 2014 Act (duty to have due regard to the United Nations Principles for Older Persons when exercising functions relating to adult social services), and
- (d) Part 4 of the [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1) (standards).
- (d) Part 4 of the Welsh Language (Wales) Measure 2011 (nawm 1) (standards).
- (5) The Welsh Ministers must lay a copy of a published annual report before the National Assembly for Wales.
@@ -1334,7 +1334,7 @@
##### 43
- (1) It is an offence for a service provider to fail to comply with any condition relating to the provider’s registration which is for the time being in force by virtue of this Part.
- (1) It is an offence for a service provider to fail to comply with any condition relating to the provider's registration which is for the time being in force by virtue of this Part.
- (2) But a service provider does not commit an offence under subsection (1) by failing to have a responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service if—
@@ -1356,13 +1356,13 @@
- (2) Any of the following may (among other things) be an act constituting an offence under subsection (1)—
- (a) applying a name to a service or place to give the impression that it is specified in a service provider’s registration when it is not;
- (a) applying a name to a service or place to give the impression that it is specified in a service provider's registration when it is not;
- (b) describing a service or place in a manner intended to give that impression;
- (c) holding a service out to be a regulated service specified in a service provider’s registration when it is not;
- (d) holding a place out to be a place specified in a service provider’s registration when it is not;
- (c) holding a service out to be a regulated service specified in a service provider's registration when it is not;
- (d) holding a place out to be a place specified in a service provider's registration when it is not;
- (e) acting in a manner that gives the impression of being a responsible individual when not designated as one.
@@ -1474,7 +1474,7 @@
- (a) a director, manager, secretary or other similar officer of the body corporate,
- (b) where a body corporate’s affairs are managed by its members, a member, or
- (b) where a body corporate's affairs are managed by its members, a member, or
- (c) any person purporting to act in any of those capacities.
@@ -1490,7 +1490,7 @@
- (3) Any fine imposed on an unincorporated body on its conviction of an offence is to be paid out of the funds of that body.
- (4) If an unincorporated body is charged with an offence, section 33 of the [Criminal Justice Act 1925 (c.86)](https://www.legislation.gov.uk/ukpga/1925/86) and Schedule 3 to the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43) have effect as if a body corporate had been charged.
- (4) If an unincorporated body is charged with an offence, section 33 of the Criminal Justice Act 1925 (c.86) and Schedule 3 to the Magistrates' Courts Act 1980 (c.43) have effect as if a body corporate had been charged.
#### Proceedings for offences
@@ -1498,7 +1498,7 @@
- (1) Proceedings in respect of an offence under this Part or regulations made under it may not, without the written consent of the Counsel General to the Welsh Government, be brought by any person other than the Counsel General or the Welsh Ministers.
- (2) Summary proceedings in respect of an offence under this Part or regulations made under it must be brought within the period of 12 months beginning on the date on which sufficient evidence to warrant the proceedings came to the prosecutor’s knowledge.
- (2) Summary proceedings in respect of an offence under this Part or regulations made under it must be brought within the period of 12 months beginning on the date on which sufficient evidence to warrant the proceedings came to the prosecutor's knowledge.
- (3) But no such proceedings may be brought more than three years after the offence is committed.
@@ -1521,7 +1521,7 @@
> (3) The details provided under subsection (2)(a)(ii) must state how the authority has satisfied any requirements contained in a code relating to assessing the needs of an individual in accordance with Part 3 and meeting needs under Part 4.
> (4) An annual report must be in such form as may be prescribed by regulations.
> (5) A local authority must send a copy of a published annual report to the Welsh Ministers.
> (6) In this section, “financial year” means the period of one year beginning on 1 April and ending on 31 March.
> (6) In this section, “*financial year*” means the period of one year beginning on 1 April and ending on 31 March.
> (144B)
> (1) A local authority must prepare and publish a local market stability report at such times as may be prescribed by regulations.
> (2) A local market stability report must include—
@@ -1529,7 +1529,7 @@
> (i) the sufficiency of provision of care and support in the local authority area during such period as may be prescribed by regulations;
> (ii) the extent to which regulated services were provided in the local authority area during that prescribed period by service providers to whom section 61 of the Regulation and Inspection of Social Care (Wales) Act 2016 (assessment by the Welsh Ministers of financial sustainability of service provider) applies;
> (iii) any other matter relating to the provision of regulated services in the local authority area as may be prescribed by regulations;
> (iv) the effect on the exercise of the local authority’s social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations;
> (iv) the effect on the exercise of the local authority's social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations;
> (b) a report of any action taken by the local authority during the period prescribed under paragraph (a)(i) in pursuance of its duty under section 189(2) (temporary duty to meet needs in the case of a provider failure).
> (3) A local market stability report must be in such form as may be prescribed by regulations.
> (4) In preparing a local market stability report, a local authority must—
@@ -1543,8 +1543,8 @@
> (a) amend other regulations made under that subsection, 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.
> (8) In this section—
> (a) “service provider” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016;
> (b) “regulated service” has the meaning given by section 2(1) of that Act.
> (a) “*service provider*” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016;
> (b) “*regulated service*” has the meaning given by section 2(1) of that Act.
> (144C) In exercising functions under this Part the Welsh Ministers must seek to promote and maintain high standards in the provision of local authority social services functions.
- (2) In section 196(6) of the 2014 Act (regulations made only if draft approved by resolution of the National Assembly for Wales), after paragraph (c) insert—
@@ -1622,14 +1622,14 @@
> (i) which are used, or proposed to be used, by any person in connection with the exercise of a local authority social services function, or
> (ii) which the Welsh Ministers reasonably believe is being used, or may be used, for that purpose,
> but premises used wholly or mainly as a private dwelling do not fall within this subsection unless the occupier of the premises consents to the inspector entering and inspecting them.
> (4) “Premises” includes a vehicle.
> (4) “*Premises*” includes a vehicle.
> (5) The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector.
> (6) When entering premises, an inspector must, if requested to do so by any person at the premises, produce a document showing the inspector’s authorisation given under subsection (1).
> (6) When entering premises, an inspector must, if requested to do so by any person at the premises, produce a document showing the inspector's authorisation given under subsection (1).
> (7) The inspector may—
> (a) examine the state and management of the premises and, if any persons are accommodated or receive care and support at the premises, examine the treatment of those persons;
> (b) require the manager of the premises or any other person who appears to the inspector to hold or be accountable for documents or records kept at the premises to produce any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector;
> (c) inspect and take copies of any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector;
> (d) require any person to afford the inspector such facilities and assistance with respect to matters within the person’s control as are necessary to enable the inspector to carry out the inspection;
> (d) require any person to afford the inspector such facilities and assistance with respect to matters within the person's control as are necessary to enable the inspector to carry out the inspection;
> (e) take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of carrying out the inspection;
> (f) interview in private—
> (i) the manager of the premises or any other person who appears to the inspector to be responsible for the premises;
@@ -1649,12 +1649,12 @@
> (12) Where an inspector conducts an interview or examination under this section, the inspector must, if requested to do so by—
> (a) the person being interviewed or examined, or
> (b) an individual accompanying that person,
> produce a document showing the inspector’s authorisation given under subsection (1) and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse.
> produce a document showing the inspector's authorisation given under subsection (1) and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse.
> (13) As soon as is reasonably practicable after an inspector has concluded an inspection under this section, the inspector must send a report of the inspection to the person who gave the authorisation under subsection (1).
> (14) That person must send a copy of the inspector’s report—
> (14) That person must send a copy of the inspector's report—
> (a) to the local authority being reviewed or subject to the direction, and
> (b) if the person is not the Welsh Ministers, to the Welsh Ministers.
> (15) In this section and sections 161A, 161B and 161C, “inspector” means an individual authorised under subsection (1).
> (15) In this section and sections 161A, 161B and 161C, “*inspector*” means an individual authorised under subsection (1).
> (161A)
> (1) The Welsh Ministers must prepare and publish a code of practice about the manner in which inspections of premises under section 161 are to be carried out (including about the frequency of such inspections).
> (2) The Welsh Ministers may revise the code and must publish a revised code.
@@ -1686,7 +1686,7 @@
> (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both.
> (5) Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under this section as they apply to offences under Part 1 of that Act.
- (3) In section 196(6)(a) of the 2014 Act (regulations made only if draft approved by resolution of the National Assembly for Wales), after “135(4),” insert “149B(5), 149C(1),”.
- (3) In section 196(6)(a) of the 2014 Act (regulations made only if draft approved by resolution of the National Assembly for Wales), after “135(4),” insert “ 149B(5), 149C(1), ”.
#### Regulation of local authority functions relating to looked after and accommodated children
@@ -1725,7 +1725,7 @@
- (a) the amount of care and support provided by a service provider,
- (b) the geographical concentration of a service provider’s business, and
- (b) the geographical concentration of a service provider's business, and
- (c) the extent to which a service provider specialises in the provision of particular types of regulated service.
@@ -1761,11 +1761,11 @@
##### 61
- (1) Where this section applies to a service provider, the Welsh Ministers must assess the financial sustainability of the service provider’s business of carrying on regulated services.
- (2) An assessment of the financial sustainability of the service provider’s business under subsection (1) must include consideration of its corporate governance.
- (3) Where the Welsh Ministers, in light of an assessment under subsection (1), think that there is a significant risk to the financial sustainability of the service provider’s business, the Welsh Ministers may—
- (1) Where this section applies to a service provider, the Welsh Ministers must assess the financial sustainability of the service provider's business of carrying on regulated services.
- (2) An assessment of the financial sustainability of the service provider's business under subsection (1) must include consideration of its corporate governance.
- (3) Where the Welsh Ministers, in light of an assessment under subsection (1), think that there is a significant risk to the financial sustainability of the service provider's business, the Welsh Ministers may—
- (a) require the service provider to develop a plan for how to mitigate or eliminate the risk, and
@@ -1799,7 +1799,7 @@
- (2) The Welsh Ministers must inform the local authorities which they think will be required to carry out the duty under section 189(2) of the 2014 Act if the service provider becomes unable to provide the regulated service in question.
- (3) The Welsh Ministers may require the service provider, or such other person involved in the service provider’s business as they think appropriate, to provide them with any information they think necessary or expedient to obtain for the purpose of assisting a local authority to carry out the duty under section 189(2) of the 2014 Act.
- (3) The Welsh Ministers may require the service provider, or such other person involved in the service provider's business as they think appropriate, to provide them with any information they think necessary or expedient to obtain for the purpose of assisting a local authority to carry out the duty under section 189(2) of the 2014 Act.
- (4) But the Welsh Ministers may not require a person to provide information if disclosure of that information is prohibited by any enactment or other rule of law.
@@ -1849,19 +1849,19 @@
- (1) In this Part—
- “care” (“*gofal*”) has the meaning given by section 3(1)(a);
- “care and support” (“*gofal a chymorth*”) is to be interpreted (other than in section 63(3)(a)(i)) in accordance with section 3(2);
- “regulated service” (“*gwasanaeth rheoleiddiedig*”) has the meaning given by section 2(1);
- “regulatory functions” (“*swyddogaethau rheoleiddiol*”), in relation to the Welsh Ministers, has the meaning given by section 3(1)(b);
- “responsible individual” (“*unigolyn cyfrifol*”) has the meaning given by section 21(1);
- “service provider” (“*darparwr gwasanaeth*”) has the meaning given by section 3(1)(c);
- “support” (“*cymorth*”) has the meaning given by section 3(1)(d).
- “*care*” (“**gofal**”) has the meaning given by section 3(1)(a);
- “*care and support*” (“**gofal a chymorth**”) is to be interpreted (other than in section 63(3)(a)(i)) in accordance with section 3(2);
- “*regulated service*” (“**gwasanaeth rheoleiddiedig**”) has the meaning given by section 2(1);
- “*regulatory functions*” (“**swyddogaethau rheoleiddiol**”), in relation to the Welsh Ministers, has the meaning given by section 3(1)(b);
- “*responsible individual*” (“**unigolyn cyfrifol**”) has the meaning given by section 21(1);
- “*service provider*” (“**darparwr gwasanaeth**”) has the meaning given by section 3(1)(c);
- “*support*” (“**cymorth**”) has the meaning given by section 3(1)(d).
- (2) See section 189 which makes provision for the interpretation of words and phrases applying to the whole Act.
@@ -1877,7 +1877,7 @@
- (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).
- (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—
@@ -1893,19 +1893,19 @@
- (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.
- (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
- (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.
- (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.
@@ -1921,35 +1921,41 @@
- (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);
- “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);
- “visiting European part” (“*rhan ymwelwyr Ewropeaidd*”), in relation to the register, is to be interpreted in accordance with section 80(3).
- “*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);
- “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);
- ...
- “*visiting 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);
- “*visiting 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.
@@ -1961,21 +1967,21 @@
##### 67
- (1) Section 54 of the [Care Standards Act 2000 (c.14)](https://www.legislation.gov.uk/ukpga/2000/14) is repealed.
- (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”).
- (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.
### SCW’s objectives
### SCW's objectives
#### SCW’s objectives
##### 68
- (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.
- (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—
@@ -1999,7 +2005,7 @@
- (2) SCW may attach such conditions to a grant given under subsection (1) as it thinks appropriate.
- (3) “Care and support service” means—
- (3) “*Care and support service*” means—
- (a) a regulated service, or
@@ -2101,7 +2107,7 @@
- (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 European part of the register.
- (3) But the rules may not make provision for the payment of fees in connection with registration in the visiting European social worker part or visiting European social care manager part of the register.
### Consultation before making rules etc.
@@ -2203,11 +2209,11 @@
##### 79
- (1) In Parts 3 to 8 of this Act “social care worker” means a person who—
- (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;
- (b) manages a place at or from which a regulated service is provided (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;
@@ -2223,17 +2229,17 @@
- (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;
- (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)](https://www.legislation.gov.uk/mwa/2010/1) as—
- (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)](https://www.legislation.gov.uk/ukpga/1973/35)) which supplies persons to provide care and support to any person in Wales;
- (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;
@@ -2243,7 +2249,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1989/41) (inspection of children’s homes etc.);
- (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—
@@ -2253,7 +2259,7 @@
- (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.
- (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”.
@@ -2267,9 +2273,11 @@
- (a) social workers,
- (b) social care workers of any other description specified by the Welsh Ministers by regulations, and
- (c) visiting social workers from relevant European States (see section 90).
- (b) social care workers of any other description specified by the Welsh Ministers by regulations, ...
- (c) visiting social workers from relevant European States (see section 90) , and
- (d) visiting social care managers from relevant European States (see section 90A).
- (2) There must be a separate part of the register—
@@ -2279,13 +2287,17 @@
- (c) for visiting social workers from relevant European States.
- (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 part” of the register.
- (c) the part mentioned in subsection (2)(c) is the “visiting European social worker part” of the register.
- (d) the part mentioned in subsection (2)(d) is the “visiting European social care manager part” of the register.
#### Duty to appoint a registrar
@@ -2295,7 +2307,7 @@
- (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.
- (3) See paragraph 13 of Schedule 2 for further provision about SCW's staff.
### Registration in the social worker part or an added part of the register
@@ -2323,7 +2335,7 @@
- (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
- (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.
@@ -2345,10 +2357,18 @@
- (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), or
- (ii) satisfies the requirements of section 85 (qualifications gained outside of Wales – social workers ), or
- (iii) satisfies any requirements as to training which SCW may by rules impose;
- (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
@@ -2397,19 +2417,19 @@
- (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.
- (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.
#### Lapse of registration
##### 87
- (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.
- (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”);
- (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);
@@ -2425,9 +2445,9 @@
- (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.
- (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.
### Dealing with applications for registration or renewal
@@ -2435,11 +2455,11 @@
##### 88
- (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).
- (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;
- (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.
@@ -2479,7 +2499,7 @@
- (a) refuse an application for registration, or
- (b) refuse an application for renewal of a person’s registration.
- (b) refuse an application for renewal of a person's registration.
- (4) The registrar must give the person to whom the decision relates notice—
@@ -2497,27 +2517,27 @@
- (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 8 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 European 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 European 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 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 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 European 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 European part of the register.
- (2) Subsection (3) applies if V has the benefit of regulation 12 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 European 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 European 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 24 of the General Systems Regulations or otherwise, to have the benefit of regulation 12 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 European 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 European social worker part of the register.
- (8) For the purposes of Parts 3 to 8 of this Act—
- “exempt person” (“*person esempt*”) means— a national of a relevant European State other than the United Kingdom, a national of the United Kingdom who is seeking to engage in relevant social work in Wales by virtue of an enforceable EU right, or 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, no less favourably than a national of a relevant European State;
- “the General Systems Regulations” (“*y Rheoliadau Systemau Cyffredinol*”) means the [European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781)](https://www.legislation.gov.uk/uksi/2007/2781);
- “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.
- “*exempt person*” (“**person esempt**”) means—a national of a relevant European State other than the United Kingdom,a national of the United Kingdom who is seeking to engage in relevant social work in Wales , or to engage in work as a social care manager in Wales, by virtue of an enforceable EU right, ora 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, or 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;
- “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.
### Information to be contained on the register
@@ -2529,11 +2549,11 @@
- (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.
- (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—
@@ -2541,7 +2561,7 @@
- (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.
- (3) Rules under subsection (2) may not require or authorise the registrar to record information relating to a person's physical or mental health.
### Removal of entries from the register
@@ -2569,7 +2589,7 @@
- (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.
- (2) In subsection (1) “*specified*” means specified by rules made by SCW.
#### Entries based on false or misleading information
@@ -2581,7 +2601,7 @@
- (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
- (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.
@@ -2665,13 +2685,13 @@
##### 98
- (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—
- (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.
- (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—
@@ -2691,9 +2711,9 @@
- (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.
- (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.
#### Review of suspension of right to apply for restoration
@@ -2707,11 +2727,11 @@
- (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.
- (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
- (a) the panel's reasons for confirming the direction, and
- (b) the right of appeal under section 104.
@@ -2749,13 +2769,13 @@
- (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;
- (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.
- (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—
@@ -2775,7 +2795,7 @@
- (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—
- (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,
@@ -2789,7 +2809,7 @@
On an appeal under section 101 a registration appeals panel may—
- (a) confirm the registrar’s decision,
- (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
@@ -2803,17 +2823,17 @@
- (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;
- (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;
- (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.
- (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).
@@ -2821,7 +2841,7 @@
- (a) confirm the decision,
- (b) substitute for the panel’s decision another decision which the panel could have made, or
- (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.
@@ -2831,9 +2851,11 @@
- (1) This section applies where SCW has made a decision—
- (a) under regulation 9(2) of the General Systems Regulations as to whether a person is providing services as a social worker in the United Kingdom on a temporary and occasional basis, or
- (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.
- (a) under regulation 13(2) of the General Systems Regulations as to whether a person is providing services as a social worker in the United Kingdom or as a social care manager in the United Kingdom on a temporary and occasional basis, ...
- (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 or the profession of social care manager in the United Kingdom , or
- (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.
@@ -2845,7 +2867,7 @@
- (a) confirm the decision,
- (b) substitute for the decision appealed against another decision that SCW could have made, or
- (b) substitute for the decision appealed against another decision that SCW could have made or, 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.
@@ -2901,7 +2923,7 @@
- (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.
- (2) But SCW must not publish any information about a person's physical or mental health.
#### List of persons removed from the register
@@ -2987,7 +3009,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1983/20)).
- (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—
@@ -2999,7 +3021,7 @@
- (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.
- (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.
@@ -3011,19 +3033,19 @@
- (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 part of the register, has effect subject to subsection (4).
- (3) Subsection (1), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European social 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, but
- (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 or 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 in P’s home State, and
- (i) must take into account of the fact that P is a fully qualified social worker or 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.
- (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 or social care manager.
#### Approval of courses etc.
@@ -3063,7 +3085,7 @@
- (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.
- (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.
@@ -3089,9 +3111,9 @@
- (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—
- (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
@@ -3117,7 +3139,7 @@
##### 117
- (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—
- (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;
@@ -3125,13 +3147,13 @@
- (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;
- (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—
- (2) For the purposes of subsection (1)(a) “*deficient performance as a social care worker*” may include—
- (a) an instance of negligence,
@@ -3139,15 +3161,15 @@
- (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)](https://www.legislation.gov.uk/ukpga/2006/47);
- (b) a list kept under section 1 of the [Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)](https://www.legislation.gov.uk/asp/2007/14);
- (c) a list maintained under article 6 of the [Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351)](https://www.legislation.gov.uk/uksi/2007/1351).
- (4) In subsection (1)(d) “relevant body” means—
- (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;
@@ -3161,7 +3183,7 @@
- (f) a prescribed body.
- (5) A person’s fitness to practise may be regarded as impaired by reason of matters arising or incidents occurring—
- (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;
@@ -3181,13 +3203,13 @@
- (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.
- (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
- (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).
@@ -3207,7 +3229,7 @@
- (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.
- (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—
@@ -3229,7 +3251,7 @@
- (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
- (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.
@@ -3251,7 +3273,7 @@
- (b) referral for investigation under section 125.
- (3) In subsection (1)(a) “relevant date” means—
- (3) In subsection (1)(a) “*relevant date*” means—
- (a) the date of the allegation under section 118(1)(a), or
@@ -3259,11 +3281,11 @@
- (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;
- (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;
- (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.
@@ -3273,7 +3295,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2000/6).
- (6) In subsection (5) “*custodial sentence*” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).
#### Direct referral to a fitness to practise panel
@@ -3359,7 +3381,7 @@
##### 125
- (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.
- (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.
@@ -3369,7 +3391,7 @@
- (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;
- (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;
@@ -3397,11 +3419,11 @@
##### 126
- (1) This section applies where the investigation of a matter relating to a registered person’s fitness to practise has been concluded.
- (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
- (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.
@@ -3515,7 +3537,7 @@
- (b) the reasons for carrying out a review.
- (5) In this section “interested parties” means—
- (5) In this section “*interested parties*” means—
- (a) the registered person in respect of whom the decision under review was made,
@@ -3547,7 +3569,7 @@
- (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
- (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.
@@ -3589,9 +3611,9 @@
- (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—
- (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
@@ -3649,7 +3671,7 @@
- (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.
- (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.).
@@ -3659,7 +3681,7 @@
##### 137
- (1) This section applies where a fitness to practise panel has determined that a registered person’s fitness to practise is not impaired.
- (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.
@@ -3691,11 +3713,11 @@
##### 138
- (1) This section applies where a fitness to practise panel has determined that a registered person’s fitness to practise is impaired.
- (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.
- (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.
@@ -3703,13 +3725,13 @@
- (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.
- (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.
- (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.
#### Disposals: further provision about conditional registration and suspension orders
@@ -3739,9 +3761,9 @@
- (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.
- (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—
@@ -3769,7 +3791,7 @@
- (a) a statement of facts found by the panel, and
- (b) the panel’s finding as to impairment of fitness to practise.
- (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.
@@ -3813,9 +3835,9 @@
- (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.
- “*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.
@@ -3831,9 +3853,9 @@
- (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.
- (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—
@@ -3889,17 +3911,17 @@
- (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).
- (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)).
- (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—
@@ -4021,7 +4043,7 @@
- (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.
- (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—
@@ -4039,7 +4061,7 @@
- (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.
- (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.
#### Review proceedings
@@ -4047,17 +4069,17 @@
- (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.
- (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.
- (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.
- (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.
#### Review of undertakings: disposals by fitness to practise panel
@@ -4067,7 +4089,7 @@
- (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—
- (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
@@ -4077,7 +4099,7 @@
- (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).
- (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.
@@ -4089,7 +4111,7 @@
- (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—
- (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,
@@ -4101,7 +4123,7 @@
- (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.
- (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.
#### Review of conditional registration orders: disposals by fitness to practise panel
@@ -4111,7 +4133,7 @@
- (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—
- (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
@@ -4125,9 +4147,9 @@
- (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).
- (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.
@@ -4151,7 +4173,7 @@
- (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.
- (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.
#### Review of suspension orders: disposals by fitness to practise panel
@@ -4161,7 +4183,7 @@
- (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—
- (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
@@ -4175,9 +4197,9 @@
- (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).
- (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.
@@ -4197,17 +4219,17 @@
- (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.
- (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.
- (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.
#### Review of indefinite suspension orders
@@ -4227,7 +4249,7 @@
- (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—
- (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
@@ -4241,9 +4263,9 @@
- (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).
- (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.
@@ -4289,7 +4311,7 @@
- (a) a statement of facts found by the panel, and
- (b) the panel’s reasons for its finding.
- (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.
@@ -4317,7 +4339,7 @@
- (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—
- (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
@@ -4333,7 +4355,7 @@
- (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—
- (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
@@ -4351,7 +4373,7 @@
- (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);
- (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);
@@ -4389,7 +4411,7 @@
##### 159
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.
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.
#### Power to require information
@@ -4447,7 +4469,7 @@
- (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.
- (10) SCW must not publish any information about a person's physical or mental health.
#### Guidance about fitness to practise
@@ -4483,7 +4505,7 @@
- (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.
- (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.
@@ -4501,11 +4523,11 @@
- (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.
- (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;
- (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;
@@ -4515,7 +4537,7 @@
##### 164
In this Part “registered person” means a person who is registered in the social worker part, an added part or the visiting European part of the register; and it includes a person—
In this Part “*registered person*” means a person who is registered in the social worker part, an added part or the visiting European 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;
@@ -4549,7 +4571,7 @@
- (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.
- (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.
@@ -4573,13 +4595,13 @@
- (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;
- (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).
- (3) In subsection (2) “*barred list*” and “*relevant body*” have the same meaning as in section 117 (grounds of impairment of fitness to practise).
#### Interim prohibition orders
@@ -4733,13 +4755,13 @@
- (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”).
- (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.
- (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—
@@ -4769,7 +4791,7 @@
- (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.
- (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).
@@ -4815,13 +4837,13 @@
- (ii) SCW;
- (b) “relevant functions” means—
- (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—
- (c) “*general objectives*” means—
- (i) in relation to the Welsh Ministers, the objectives mentioned in section 4;
@@ -4833,7 +4855,7 @@
- (1) In this Part the relevant authorities are—
- (a) Her Majesty’s Chief Inspector for Education and Training in Wales,
- (a) Her Majesty's Chief Inspector for Education and Training in Wales,
- (b) the Education Workforce Council,
@@ -4851,11 +4873,11 @@
- (2) In subsection (1)—
- (a) “NHS Trust” means a National Health Service Trust constituted under the [National Health Service (Wales) Act 2006 (c.42)](https://www.legislation.gov.uk/ukpga/2006/42);
- (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)](https://www.legislation.gov.uk/ukpga/2004/21) 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)](https://www.legislation.gov.uk/ukpga/2006/42).
- (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).
#### Co-operation in the exercise of functions
@@ -4885,13 +4907,13 @@
- (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
- (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.
- (i) on the body's functions, or
- (ii) on achieving the body's general objectives.
#### Joint exercise of functions
@@ -4925,7 +4947,7 @@
- (a) the manner in which the other body exercises its functions, or
- (b) the achievement of the other body’s general objectives.
- (b) the achievement of the other body's general objectives.
- (3) Despite subsection (1), SCW may not delegate—
@@ -4955,7 +4977,7 @@
- (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.
- (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—
@@ -4995,7 +5017,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1972/70) (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.
- (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).
@@ -5013,11 +5035,11 @@
- (a) by being hand delivered to the person;
- (b) by leaving it at the person’s proper address;
- (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
- (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;
@@ -5027,23 +5049,23 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/5), or
- (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—
- (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.
- (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.
@@ -5071,7 +5093,7 @@
- (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—
- (6) In this section, “*primary legislation*” means—
- (a) an Act of Parliament;
@@ -5119,7 +5141,7 @@
- (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);
- (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);
@@ -5159,23 +5181,23 @@
In this Act—
- “caution” (“*rhybuddiad*”), in relation to an offence, means— a conditional caution given under section 22 of the [Criminal Justice Act 2003 (c.44)](https://www.legislation.gov.uk/ukpga/2003/44) (conditional cautions for adults) or under section 66A of the [Crime and Disorder Act 1998 (c.37)](https://www.legislation.gov.uk/ukpga/1998/37) (conditional cautions for children and young persons); 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; anything corresponding to a caution falling within paragraph (a) or (b) (however described) which— 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 is not an alternative to prosecution (within the meaning of section 8AA of the [Rehabilitation of Offenders Act 1974 (c.53)](https://www.legislation.gov.uk/ukpga/1974/53));
- “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)](https://www.legislation.gov.uk/anaw/2014/4).
- “*caution*” (“**rhybuddiad**”), in relation to an offence, means—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);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;anything corresponding to a caution falling within paragraph (a) or (b) (however described) which—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, andis 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).
#### Short title
@@ -5205,15 +5227,15 @@
- (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
- (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.
- (5) In sub-paragraph (2)(b), “school” has the meaning given by section 4 of the [Education Act 1996 (c.56)](https://www.legislation.gov.uk/ukpga/1996/56).
- (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)](https://www.legislation.gov.uk/ukpga/1989/41)).
- (4) The provision of accommodation and care to a child by a parent, relative or foster parent does not constitute a care home service unless 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—
@@ -5233,11 +5255,11 @@
- (1) A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where—
- (a) the parents’ capacity to respond to the children’s needs and to safeguard their well-being is monitored or assessed, and
- (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.
- (2) In sub-paragraph (1), “*parent*” in relation to a child, means any person who is looking after the child.
#### Adoption services
@@ -5245,7 +5267,7 @@
An “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)](https://www.legislation.gov.uk/ukpga/2002/38) which is a voluntary organisation within the meaning of that Act, or
- (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 (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.
@@ -5253,7 +5275,7 @@
##### 5
A “fostering service” means any service provided in Wales by a person other than a local authority which consists of or includes—
A “*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
@@ -5263,9 +5285,9 @@
##### 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).
- (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.
- (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).
- (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 services
@@ -5275,13 +5297,13 @@
- (2) A service may be specified as an advocacy service only if, and to the extent that, the following requirements are satisfied in relation to the service.
- (3) The first requirement is that the service is a service which is carried on (whether or not for profit) for the purpose of representing the views of individuals, or assisting individuals to represent those views, in respect of matters relating to those individuals’ needs for care and support (including matters relating to assessing whether those needs exist).
- (4) The second requirement is that the service is not carried on by a person, in the course of a legal activity (within the meaning of the [Legal Services Act 2007 (c.29)](https://www.legislation.gov.uk/ukpga/2007/29)), who is—
- (3) The first requirement is that the service is a service which is carried on (whether or not for profit) for the purpose of representing the views of individuals, or assisting individuals to represent those views, in respect of matters relating to those individuals' needs for care and support (including matters relating to assessing whether those needs exist).
- (4) The second requirement is that the service is not carried on by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007 (c.29)), who is—
- (a) an authorised person for the purposes of that Act, or
- (b) a European lawyer (within the meaning of the [European Communities (Services of Lawyers) Order (S.I. 1978/1910)](https://www.legislation.gov.uk/uksi/1978/1910)).
- (b) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order (S.I. 1978/1910)).
- (5) Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.
@@ -5299,7 +5321,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1973/35)), and who works wholly under the direction and control of the person receiving the care and support, or
- (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—
@@ -5315,9 +5337,9 @@
In this Schedule—
- “hospital” (“*ysbyty*”) means— a health service hospital within the meaning given by the [National Health Service (Wales) Act 2006 (c.42)](https://www.legislation.gov.uk/ukpga/2006/42), an independent hospital within the meaning given by the [Care Standards Act 2000 (c.14)](https://www.legislation.gov.uk/ukpga/2000/14), and 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.
- “*hospital*” (“**ysbyty**”) means—a health service hospital within the meaning given by the National Health Service (Wales) Act 2006 (c.42),an independent hospital within the meaning given by the Care Standards Act 2000 (c.14), andan 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.
## SCHEDULE 2
@@ -5329,7 +5351,7 @@
- (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.
- (2) SCW’s property is not to be regarded as property of, or property held on behalf of, the Crown.
- (2) SCW's property is not to be regarded as property of, or property held on behalf of, the Crown.
## PART 2 — MEMBERSHIP
@@ -5343,11 +5365,11 @@
- (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.
- (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.
@@ -5437,7 +5459,7 @@
- (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.
- (2) Sub-paragraph (1) does not affect SCW's responsibility for exercise of delegated functions or affect its ability to exercise delegated functions.
#### Supplementary powers
@@ -5503,15 +5525,15 @@
##### 15
- (1) The chief executive is to act as SCW’s accounting officer.
- (2) The accounting officer has, in relation to SCW’s accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.
- (1) The chief executive is to act as SCW's accounting officer.
- (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;
- (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;
@@ -5567,75 +5589,75 @@
##### 1
The [Care Standards Act 2000 (c.14)](https://www.legislation.gov.uk/ukpga/2000/14) is amended as follows.
The Care Standards Act 2000 (c.14) is amended as follows.
##### 2
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”;
- (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”.
- (e) the section heading becomes “ Children's homes in England ”.
##### 3
In section 3—
- (a) in subsection (1), after “establishment” insert “in England”;
- (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”.
- (d) the section heading becomes “ Care homes in England ”.
##### 4
In section 4—
- (a) in subsection (2), after “establishment” insert “in England”;
- (b) in subsection (3), after “persons” insert “in England”;
- (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”;
- (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”;
- (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”;
- (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”;
- (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”.
- (i) in subsection (10), after “services” where it first occurs insert “ in England ”.
##### 5
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)”;
- (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—
@@ -5651,7 +5673,7 @@
In section 8(6)—
- (a) in paragraph (a), for “section 5(b)” substitute “section 5(1)(b)”;
- (a) in paragraph (a), for “section 5(b)” substitute “ section 5(1)(b) ”;
- (b) in paragraph (b) for sub-paragraphs (i) and (ii) substitute
@@ -5683,21 +5705,21 @@
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”;
- (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”.
- (i) in paragraph (a), at the end insert “ in England ”;
- (ii) in paragraph (b), at the end insert “ in England ”.
##### 10
@@ -5709,11 +5731,11 @@
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”;
- (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.
@@ -5737,11 +5759,11 @@
In section 43, after subsection (1) insert—
> (1A) “Local authority” means a local authority in England.
> (1A) “*Local authority*” means a local authority in England.
##### 15
In section 50(1), for “registration authority” substitute “CIECSS”.
In section 50(1), for “registration authority” substitute “ CIECSS ”.
##### 16
@@ -5751,7 +5773,7 @@
##### 17
The [Health and Social Care (Community Health and Standards) Act 2003 (c.43)](https://www.legislation.gov.uk/ukpga/2003/43) is amended as follows.
The Health and Social Care (Community Health and Standards) Act 2003 (c.43) is amended as follows.
##### 18
@@ -5763,7 +5785,7 @@
- (a) in sub-paragraph (i), omit “and 6”;
- (b) in sub-paragraph (ii), for “section 5(b)” substitute “section 5(1)(b)”.
- (b) in sub-paragraph (ii), for “section 5(b)” substitute “ section 5(1)(b) ”.
##### 20
@@ -5773,53 +5795,53 @@
##### 21
The [Public Audit (Wales) Act 2004 (c.23)](https://www.legislation.gov.uk/ukpga/2004/23) is amended as follows.
The Public Audit (Wales) Act 2004 (c.23) is amended as follows.
##### 22
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).”
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). ”
##### 23
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).”
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 2004
##### 24
In section 30 of the [Children Act 2004 (c.31)](https://www.legislation.gov.uk/ukpga/2004/31) (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)](https://www.legislation.gov.uk/anaw/2014/4) 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).
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 2005
##### 25
The [Public Services Ombudsman (Wales) Act 2005 (c.10)](https://www.legislation.gov.uk/ukpga/2005/10) is amended as follows.
The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.
##### 26
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,”;
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.
> (6) “*Care*” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.
##### 27
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),”.
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 2006
##### 28
In paragraph 1 of Schedule 4 to the [Safeguarding Vulnerable Groups Act 2006 (c.47)](https://www.legislation.gov.uk/ukpga/2006/47) (regulated activity relating to children), in sub-paragraph (9B)—
In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c.47) (regulated activity relating to children), in sub-paragraph (9B)—
- (a) for sub-sub-paragraph (h) substitute—
@@ -5829,7 +5851,7 @@
> (j) a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);
- (c) in sub-sub-paragraph (k) for “or investigation under section 94” substitute “under section 149B”.
- (c) in sub-sub-paragraph (k) for “or investigation under section 94” substitute “ under section 149B ”.
#### Social Services and Well-being (Wales) Act 2014
@@ -5857,11 +5879,11 @@
- (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).”;
> (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)”.
- (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) ”.
##### 31
@@ -5871,7 +5893,7 @@
In section 188(1) (definitions for the purposes of sections 185 to 187), in the definition of “youth detention accommodation”, for paragraph (a) substitute—
> 1. a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);
> (a) a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);
.
@@ -5885,9 +5907,9 @@
;
- (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”;
- (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)—
@@ -5895,31 +5917,39 @@
- (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;
> “*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.
> “*service provider*” (“**darparwr gwasanaeth**”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.
##### 34
In 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”.
In 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 ”.
##### 35
In 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”.
- (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 ”.
##### 36
In section 197(1) (definitions)—
- (a) in the definition of “care home”, 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 adults;”
- (b) in the definition of “children’s home”, for the words from “a children’s” to the end substitute “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 children;”.
- (a) for the definition of “care home”, substitute—
> - “care home” (“*cartref gofal*”)—has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; andmeans 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 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; andmeans 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 — SOCIAL CARE WALES
@@ -5927,13 +5957,13 @@
##### 37
The [Mental Health Act 1983 (c.20)](https://www.legislation.gov.uk/ukpga/1983/20) is amended as follows.
The Mental Health Act 1983 (c.20) is amended as follows.
##### 38
In section 114A (approval of courses for mental health professionals: Wales)—
- (a) in subsection (1), for “Care Council for Wales” substitute “Social Care Wales”;
- (a) in subsection (1), for “Care Council for Wales” substitute “ Social Care Wales ”;
- (b) for subsection (2) substitute—
@@ -5941,19 +5971,19 @@
> (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”.
- (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 ”.
##### 39
In 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 part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.”
In 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 social worker part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ”
#### Care Standards Act 2000
##### 40
The [Care Standards Act 2000 (c.14)](https://www.legislation.gov.uk/ukpga/2000/14) is amended as follows.
The Care Standards Act 2000 (c.14) is amended as follows.
##### 41
@@ -5973,23 +6003,23 @@
In section 55 (interpretation)—
- (a) for subsections (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,
- (a) for subsections (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;
> (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—
> (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);
@@ -6006,7 +6036,7 @@
In section 67 (functions of the appropriate Minister)—
- (a) in subsection (1), for “appropriate Minister” substitute “Secretary of State”,
- (a) in subsection (1), for “appropriate Minister” substitute “ Secretary of State ”,
- (b) for subsection (2) substitute—
@@ -6018,15 +6048,15 @@
- (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”;
- (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
- (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,”;
@@ -6036,31 +6066,31 @@
- (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”.
- (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 ”.
##### 44
In 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”.
In 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 ”.
#### Adoption and Children Act 2002
##### 45
The [Adoption and Children Act 2002 (c.38)](https://www.legislation.gov.uk/ukpga/2002/38) is amended as follows.
The Adoption and Children Act 2002 (c.38) is amended as follows.
##### 46
In section 10(2) (management etc. of agencies), for “section 56(1) of the [Care Standards Act 2000 (c. 14)](https://www.legislation.gov.uk/ukpga/2000/14)” substitute “section 80 of the [Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)](https://www.legislation.gov.uk/anaw/2016/2)”.
In 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) ”.
#### Public Audit (Wales) Act 2004
##### 47
The [Public Audit (Wales) Act 2004 (c.23)](https://www.legislation.gov.uk/ukpga/2004/23) is amended as follows.
The Public Audit (Wales) Act 2004 (c.23) is amended as follows.
##### 48
@@ -6068,47 +6098,47 @@
> (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.
> (9) In subsection (7) “*social services functions*” has the same meaning as in the Social Services and Well-being (Wales) Act 2014.
#### Public Services Ombudsman (Wales) Act 2005
##### 49
The [Public Services Ombudsman (Wales) Act 2005 (c.10)](https://www.legislation.gov.uk/ukpga/2005/10) is amended as follows.
The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows.
##### 50
In Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “Social Care Wales”.
In Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “ Social Care Wales ”.
#### Commissioner for Older People (Wales) Act 2006
##### 51
The [Commissioner for Older People (Wales) Act 2006 (c.30)](https://www.legislation.gov.uk/ukpga/2006/30) is amended as follows.
The Commissioner for Older People (Wales) Act 2006 (c.30) is amended as follows.
##### 52
In Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “Social Care Wales”.
In Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “ Social Care Wales ”.
#### Safeguarding Vulnerable Groups Act 2006
##### 53
The [Safeguarding Vulnerable Groups Act 2006 (c.47)](https://www.legislation.gov.uk/ukpga/2006/47) is amended as follows.
The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows.
##### 54
In 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)](https://www.legislation.gov.uk/ukpga/2000/14)” substitute “under section 80 of the [Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)](https://www.legislation.gov.uk/anaw/2016/2)”, and
- (b) in column 2, for “The Care Council for Wales” substitute “the registrar appointed under section 81 of that Act”.
- (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 ”.
##### 55
In 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
- (a) in paragraph 16(4)(l), for “the Care Council for Wales” substitute “ Social Care Wales ”, and
- (b) after paragraph 16(4) insert—
@@ -6118,7 +6148,7 @@
In 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
- (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—
@@ -6128,7 +6158,7 @@
##### 57
The [Health and Social Care Act 2008 (c.14)](https://www.legislation.gov.uk/ukpga/2008/14) is amended as follows.
The Health and Social Care Act 2008 (c.14) is amended as follows.
##### 58
@@ -6152,7 +6182,7 @@
##### 59
In section 33 of the [Public Services Ombudsman (Wales) Act 2005 (c.10)](https://www.legislation.gov.uk/ukpga/2005/10) (publicity for complaints procedures), after subsection (7) insert—
In 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).
@@ -6165,35 +6195,35 @@
##### 61
In 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”.
In 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 ”.
##### 62
In 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)”.
- (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) ”.
##### 63
In 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”.
In 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”.
##### 64
In the Welsh text of section 147(3) (departure from requirements in codes), after “gategori” insert “penodol”.
In the Welsh text of section 147(3) (departure from requirements in codes), after “gategori” insert “ penodol ”.
##### 65
In section 197(1) (general interpretation), in the definition of “voluntary organisation”, for “private body” substitute “local authority”.
In section 197(1) (general interpretation), in the definition of “voluntary organisation”, for “private body” substitute “ local authority ”.
#### Overview of Part 1
@@ -6496,189 +6526,3 @@
[^M_F_d7f1c398-b303-42ab-a483-87b45be44ab2]: Words in s. 66(1) omitted (18.11.2016) by [The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030)](https://www.legislation.gov.uk/uksi/2016/1030), [regs. 1](https://www.legislation.gov.uk/uksi/2016/1030/regulation/1), [120(3)](https://www.legislation.gov.uk/uksi/2016/1030/regulation/120/3) (with [reg. 155](https://www.legislation.gov.uk/uksi/2016/1030/regulation/155))
[^key-574fd6a6fac9a12a740955f3d1b62be8]: S. 66 in force at 3.4.2017 by [S.I. 2017/309](https://www.legislation.gov.uk/wsi/2017/309), [art. 2(a)](https://www.legislation.gov.uk/wsi/2017/309/article/2/a) (with [arts. 3](https://www.legislation.gov.uk/wsi/2017/309/article/3), [4](https://www.legislation.gov.uk/wsi/2017/309/article/4), [Sch.](https://www.legislation.gov.uk/wsi/2017/309/schedule))
#### Overview of Part 1
#### Coming into force
#### Short title
##### 83A
- (1) The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if—
- (a) the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and
- (b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
- (2) For the purposes of subsection (1)(b) the emergency registration requirement is met—
- (a) in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;
- (b) in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.
- (3) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
- (4) The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section.
- (5) The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.
- (6) Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
- (7) A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar—
- (a) must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist;
- (b) may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired.
- (8) A person's registration as a member of a specified group may be revoked—
- (a) without the registration of the other members of the group being revoked, or
- (b) as a result of a decision to revoke the registration of all the members of the group.
- (9) If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.
- (10) If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately.
- (11) Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section.
- (12) The following provisions do not apply to persons registered under this section—
- (a) sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act;
- (b) sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections;
- (c) Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5).
- (13) If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register.
- (14) In this section “*emergency*” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
##### 6C
Schedule 1A makes provision for transitional arrangements in respect of service providers registered prior to the coming into force of section 6A(1).
## SCHEDULE 1A
#### Transitional period in respect of restricted children’s services
##### 1
- (1) In this Schedule, in relation to a restricted children’s service, references to the transitional period are to the period that—
- (a) begins with the day on which the service becomes a restricted children’s service by virtue of section 6A(1) coming into force in relation to the service, and
- (b) ends with the day appointed by the Welsh Ministers by regulations for the purposes of this paragraph.
- (2) Regulations made under sub-paragraph (1)(b) may appoint different days for—
- (a) different types of restricted children’s service;
- (b) different descriptions of service provider (for example service providers that specialise in the provision of a particular type of restricted children’s service).
- (3) But sub-paragraph (2) does not limit the application of section 187 in relation to regulations made under sub-paragraph (1)(b).
- (4) Before making regulations under sub-paragraph (1)(b) the Welsh Ministers must consult any persons they think appropriate.
##### 2
- (1) This paragraph applies to a service provider, other than a local authority, who is registered—
- (a) in respect of a children’s home service, when the transitional period begins in respect of that service;
- (b) in respect of a fostering service, when the transitional period begins in respect of that service;
- (c) in respect of a secure accommodation service, when the transitional period begins in respect of that service.
- (2) And this paragraph applies to such a service provider during the transitional period.
- (3) In this Schedule, in relation to a provider, references to the existing service are to the service in respect of which the provider is registered as described in sub-paragraph (1).
- (4) In so far as a service provider to which this paragraph applies is registered in respect of the existing service—
- (a) the registration of the provider is not subject to the requirement in section 6A(1) (and any reference to that requirement is to be read accordingly), and
- (b) (in consequence) the entry in the register in respect of the provider must show—
- (i) that the provider’s registration in respect of the existing service is not subject to the requirement in section 6A(1), and
- (ii) that the condition in section 7(3)(aa) is not imposed on the provider’s registration in respect of that service.
- (5) But sub-paragraph (4) does not apply for the purposes of an application made by the service provider—
- (a) in relation to the existing service, under section 11(1)(a)(ii);
- (b) in respect of any other service, under section 11(1)(a)(i).
##### 3
- (1) The Welsh Ministers may by regulations make provision imposing conditions on a service provider to which paragraph 2 applies.
- (2) Conditions imposed by regulations under sub-paragraph (1) may include—
- (a) restrictions on the type of restricted children’s service that the service provider may provide;
- (b) restrictions on the description of looked after children in respect of whom the provider may provide the restricted children’s service, for example by reference to their care and support needs.
- (3) Sub-paragraph (4) applies where—
- (a) a service provider fails to comply with conditions imposed by regulations under sub-paragraph (1), or
- (b) in the case of a service provider described in paragraph 2(1)(b), the provider fails to comply with regulations made under section 87 of the 2014 Act.
- (4) Where this sub-paragraph applies, the Welsh Ministers may—
- (a) exercise their functions under section 13 to vary the provider’s registration by removing the service or a place at which the existing service is provided, or
- (b) exercise their functions under section 15 to cancel the provider’s registration in respect of the existing service.
- (5) Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.
##### 4
- (1) This paragraph applies in respect of a service provider that is registered in respect of an existing service.
- (2) Despite paragraph 2(4), a service provider to which this paragraph applies may apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).
- (3) But where a service provider to which this paragraph applies makes an application under section 11(1)(a)(i) or (ii) in respect of a restricted children’s service that is not the existing service, the provider must apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).
- (4) An application under this paragraph must—
- (a) include such information as may be prescribed to satisfy the Welsh Ministers that the person meets the requirement in section 6A(1), and
- (b) be in the prescribed form.
- (5) The Welsh Ministers must grant an application under this paragraph if satisfied that—
- (a) the application—
- (i) contains everything required under sub-paragraph (4)(a), and
- (ii) meets the requirements prescribed under sub-paragraph (4)(b), and
- (b) the provider meets the requirement in section 6A(1).
- (6) In any other case the Welsh Ministers must refuse the application.
- (7) Where the Welsh Ministers grant an application under sub-paragraph (5), the Welsh Ministers must, in so far as the provider is registered in respect of the existing service—
- (a) impose the condition in section 7(3)(aa) on the provider’s registration;
- (b) show in the register that—
- (i) the provider’s registration in respect of the existing service is subject to the requirement in section 6A(1), and
- (ii) the condition in section 7(3)(aa) is imposed on the provider’s registration in respect of that service.
- (8) Where a variation under this paragraph takes effect, paragraphs 2(4) and 3 do not apply to the service provider.
- (9) A variation under this paragraph takes effect only if the requirements of section 18 to 20 are met (so far as applicable).
##### 5
In this Schedule—
- (a) “*looked after children*” means children who are looked after by local authorities as described in section 74(1) of the 2014 Act;
- (b) references to the “register are to the register maintained under section 38 of this Act.
2016-01-18
Regulation and Inspection of Social Care (Wales) Act 2016 — versión
original version
Text at this date