Children and Social Work Act 2017

• (b) assessing whether a person meets a professional standard relating to proficiency as mentioned in section 41(4);

• (c) approval or continued approval in accordance with a scheme mentioned in section 43.

• (2) The regulator is responsible for setting the level of fees in accordance with any provision made by the regulations.

• (3) Before determining the level of any fee the regulator must—

• (a) consult any persons they consider appropriate, and

• (b) obtain the approval of the Secretary of State.

• (4) The regulations may authorise fees to be set at a level that exceeds the cost of the things in respect of which they are charged.

• (5) But the regulations must require the level of any fees to be set with a view to ensuring that, so far as possible, the regulator's fee income does not exceed its expenses (taking one year with another).

• (6) Regulations under this section may include provision about the collection and recovery of fees.

• (7) The regulations must require the regulator to pay any fee income to the Secretary of State unless the Secretary of State, with the consent of the Treasury, directs otherwise.

Grants

51

• (1) The Secretary of State may make grants to the regulator.

• (2) A grant under this section may be made subject to any conditions the Secretary of State thinks are appropriate.

Information and co-operation

Information and advice

52

• (1) The regulator may publish or disclose information about any matter relating to its functions or give advice about any matter relating to its functions.

• (2) The Secretary of State may by regulations —

• (a) make provision requiring the regulator to publish or disclose information, or give advice, under subsection (1);

• (b) make other provision supplementing subsection (1).

Duty to co-operate

53

• (1) The regulator must where appropriate co-operate with the following in the exercise of its functions—

• (a) Social Care Wales,

• (b) the Scottish Social Services Council,

• (c) the Northern Ireland Social Care Council, and

• (d) any other person specified in regulations made by the Secretary of State.

• (2) Until section 67(3) of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) comes fully into force, the reference in subsection (1)(a) to Social Care Wales is to be read as a reference to the Care Council for Wales.

Oversight

Information for Secretary of State

54

The regulator must provide any information that the Secretary of State requests in relation to the exercise of the regulator's functions.

Default powers

55

• (1) The Secretary of State may give the regulator a remedial direction if the regulator—

• (a) has defaulted in performing any functions and has not remedied the default, or

• (b) is likely to default in performing any function.

• (2) The Secretary of State may by regulations make further provision about remedial directions and their enforcement.

• (3) For example, the regulations may make provision about—

• (a) the procedure for determining whether the regulator has defaulted or is likely to default;

• (b) the procedure for giving remedial directions;

• (c) the steps that the Secretary of State may take if the regulator fails to comply with a remedial direction (which may include doing anything that the regulator can do);

• (d) the payment by the regulator of any expenses incurred by the Secretary of State (including expenses incurred in making payments to anyone acting on the Secretary of State's behalf).

Oversight by the Professional Standards Authority for Health and Social Care

56

Schedule 4 contains amendments to give the Professional Standards Authority for Health and Social Care functions to oversee the regulator.

Regulations under Part 2

Conferral of functions and sub-delegation

57

• (1) Regulations under this Part may be used to confer functions on the regulator or a Minister of the Crown.

• (2) Regulations under this Part may confer discretions on the regulator or a Minister of the Crown.

• (3) Regulations under this Part may—

• (a) confer power on the regulator to make rules;

• (b) make provision in connection with the procedure for making those rules (including provision requiring the regulator to obtain the Secretary of State's approval before making rules of a specified description).

• (4) The provision that may be made in regulations under this Part by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under an Act or any other instrument or document (whenever passed or made).

Consultation

58

• (1) Before making regulations under this Part the Secretary of State must carry out a public consultation.

• (2) Where the Secretary of State lays a draft of an instrument containing regulations under this Part before Parliament, it must be accompanied by a report by the Secretary of State about the consultation.

• (3) The duties imposed by subsections (1) and (2) do not apply to regulations under section 36 (renaming of Social Work England).

• (4) The duties imposed by subsections (1) and (2) do not apply where the regulations amend other regulations and, in the opinion of the Secretary of State, they do not make any substantial change.

Parliamentary procedure for regulations under Part 2

59

• (1) Regulations under section 36 (renaming of Social Work England) are subject to the negative resolution procedure.

• (2) Any other regulations under this Part are subject to the affirmative resolution procedure.

Transfer scheme and consequential amendments

Transfer scheme

60

• (1) The Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Health and Care Professions Council (the “old regulator”) to Social Work England.

• (2) The things that may be transferred under a transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred;

• (b) property acquired, and rights and liabilities arising, after the making of the scheme.

• (3) A transfer scheme may make consequential, supplementary, incidental or transitional provision and may—

• (a) create rights, or impose liabilities, in relation to property or rights transferred;

• (b) make provision about the continuing effect of things done by the old regulator in respect of anything transferred;

• (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the old regulator in respect of anything transferred;

• (d) make provision for references to the old regulator in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

• (e) make provision for the shared ownership or use of property;

• (f) if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

• (4) A transfer scheme may provide—

• (a) for modification by agreement;

• (b) for modifications to have effect from the date when the original scheme came into effect.

• (5) In subsection (3)(f), “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

• (6) In this section—

• (a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

• (b) references to the transfer of property include the grant of a lease.

Repeal of existing powers to regulate social workers

61

• (1) The Health Act 1999 is amended as follows.

• (2) In section 60 (regulation of health professions, social workers, other care workers etc)—

• (a) in subsection (1), omit paragraphs (ba) and (bb);

• (b) in subsection (2), in paragraphs (c) and (d), omit “(other than the social work profession in England)”;

• (c) omit subsection (2ZA);

• (d) in subsection (2ZC), omit paragraph (o);

• (e) for subsection (2ZE) substitute—

(2ZEA) In subsection (2ZC) “social work in England” means social work which is required in connection with any health, education or social services provided in England.

;

• (f) in the heading, for “, social workers, other care” substitute “ and social care ”.

• (3) In section 60A (standards of proof in fitness to practise proceedings)—

• (a) in subsection (2A), omit paragraph (b);

• (b) in subsection (2A)(c), for “that section” substitute “ section 60 ”;

• (c) in subsection (3), omit “or the social work profession in England (within the meaning given in section 60(2ZA)”.

• (4) In Schedule 3 (regulation of health care and associated professions)—

• (a) in paragraph 10, for the definitions of “social care work in England”, “social care workers in England” and “the social work profession in England” substitute—

“social care work in England” and “social care workers in England” have the meaning given by section 60.

;

• (b) in paragraph 11(2A)(b), for “members of the social work profession in England” substitute “ engaging in social work in England ”.

Amendments to do with this Part

62

Schedule 5 contains further minor and consequential amendments relating to this Part.

Interpretation

Interpretation of Part 2

63

• (1) In this Part—

• “approved mental health professional” has the meaning given by section 114 of the Mental Health Act 1983;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “professional standards” includes standards relating to—proficiency;performance;conduct and ethics;continuing professional training and development;

• “register” means a register mentioned in section 39(1) or (2) (and related expressions are to be read accordingly);

• “register of students” means a register mentioned in section 39(2) (and related expressions are to be read accordingly);

• “registered student” means a person registered as someone who is undertaking education or training in England to become a social worker;

• “the regulator” has the meaning given by section 36;

• “social work in England” means social work which is required in connection with any health, education, or social services provided in England;

• “social worker in England” means a person who engages in social work in England (but see subsection (2)).

• (2) A person who is a member of a profession to which section 60(2) of the Health Act 1999 applies is not to be treated as a social worker in England by reason only of carrying out work as an approved mental health professional.

Review

Review by independent person

64

• (1) The Secretary of State must commission an independent person to—

• (a) review the operation of this Part during the review period, and

• (b) send a report to the Secretary of State on the findings of the review.

• (2) In carrying out the review the independent person must consult representatives of social workers in England and anyone else that the person considers appropriate.

• (3) On receiving the report the Secretary of State must lay it before Parliament.

• (4) The Secretary of State must also lay before Parliament a response to the report.

• (5) The review period is 5 years beginning with the day on which section 39(1) comes fully into force.

Part 3 — General

Power to make transitional provision

65

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Power to make consequential provision

66

• (1) The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.

• (2) Regulations under this section may amend, repeal or revoke any provision made by or under an Act passed before this Act or in the same Session.

• (3) Regulations under this section that repeal or amend a provision of an Act are subject to the affirmative resolution procedure.

• (4) Any other regulations under this section are subject to the negative resolution procedure.

Regulations: general

67

• (1) Regulations under this Act are to be made by statutory instrument.

• (2) Regulations under this Act may make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (3) This section does not apply to regulations under section 70.

Affirmative and negative resolution procedures

68

• (1) Where regulations under this Act are subject to “the negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Where regulations under this Act are subject to “the affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

• (3) Any provision that may be included in an instrument under this Act subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.

Extent

69

• (1) Section 10 and paragraphs 2, 4, 5 and 14 of Schedule 1 extend to England and Wales and Scotland.

• (2) Except as mentioned in subsection (1), any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

• (3) Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.

• (4) This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement

70

• (1) The following come into force on the day on which this Act is passed—

• (a) section 10 and Schedule 1;

• (b) this Part.

• (2) The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (3) Different days may be appointed for different purposes.

Short title

71

• (1) This Act may be cited as the Children and Social Work Act 2017.

SCHEDULE 1

Children Act 1989

1

The Children Act 1989 is amended as follows.

2

• (1) Section 25 (use of accommodation in England for restricting liberty of children looked after by English and Welsh local authorities)—

• (a) is to extend also to Scotland, and

• (b) is amended as follows.

• (2) In subsection (1)—

• (a) for “or local authority in Wales” substitute “ in England or Wales ”;

• (b) after “accommodation in England” insert “ or Scotland ”.

• (3) In subsection (2)—

• (a) in paragraphs (a)(i) and (ii) and (b), after “secure accommodation in England” insert “ or Scotland ”;

• (b) in paragraph (c), for “or local authorities in Wales” substitute “ in England or Wales ”.

• (4) After subsection (5) insert—

(5A) Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child's liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.

• (5) In subsection (7)—

• (a) in paragraph (c), after “secure accommodation in England” insert “ or Scotland ”;

• (b) after that paragraph, insert—

(d) a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).

• (6) After subsection (8) insert—

(8A) Sections 168 and 169(1) to (4) of the Children's Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.

3

In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children to live abroad), after “does not apply” insert

— (a) to a local authority placing a child in secure accommodation in Scotland under section 25, or (b)

.

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

4

The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended as follows.

5

In regulation 1—

• (a) in the heading, for “and commencement” substitute “ , commencement and extent ”;

• (b) the existing text becomes paragraph (1);

• (c) after that paragraph insert—

(2) This Regulation and Regulations 10 to 13 extend to England and Wales and Scotland. (3) Except as provided by paragraph (2), these Regulations extend to England and Wales.

6

In regulation 2(1) (interpretation), in the definition of “children's home”, for the words from “means” to the end, substitute “means—

• (a) a private children's home, a community home or a voluntary home in England, or

• (b) an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968”.

7

For regulation 3 substitute—

(3) (1) Accommodation in a children's home shall not be used as secure accommodation unless — (a) in the case of accommodation in England, it has been approved by the Secretary of State for that use; (b) in the case of accommodation in Scotland, it is provided by a service which has been approved by the Scottish Ministers under paragraph 6(b) of Schedule 12 to the Public Services Reform (Scotland) Act 2010. (2) Approval by the Secretary of State under paragraph (1) may be given subject to any terms and conditions that the Secretary of State thinks fit.

8

In regulation 17 (records), in the words before paragraph (a), after “children's home” insert “ in England ”.

Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)

9

The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205) are amended as follows.

10

In regulation 5 (maximum period in secure accommodation), after paragraph (2) insert—

(3) This regulation does not apply in relation to a child placed in secure accommodation in Scotland under section 25 of the Children Act 1989 (which allows accommodation in Scotland to be used for restricting the liberty of children looked after by English and Welsh local authorities).

11

In regulation 15 (records to be kept by managers of secure accommodation in Scotland), after paragraph (2) insert—

(3) The managers must provide the Secretary of State or Welsh Ministers, on request, with copies of any records kept under this regulation that relate to a child placed in secure accommodation under section 25 of the Children Act 1989 (which allows local authorities in England or Wales to place children in secure accommodation in Scotland).

Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465)

12

In Article 7 of the Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465) (compulsory supervision orders and interim compulsory supervision orders), after paragraph (2) insert—

(3) Where— (a) a compulsory supervision order or interim compulsory supervision order contains a requirement of the type mentioned in section 83(2)(a) of the 2011 Act and a secure accommodation authorisation (as defined in section 85 of that Act), (b) the place at which the child is required to reside in accordance with the order is a place in England or Wales, and (c) by virtue of a decision to consent to the placement of the child in secure accommodation made under article 16, the child is to be placed in secure accommodation within that place, the order is authority for the child to be placed and kept in secure accommodation within that place.

Social Services and Well-being (Wales) Act 2014 (anaw 4)

13

In section 124(9) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (restrictions on arrangements for children to live outside England and Wales), after “does not apply” insert

— (a) to a local authority placing a child in secure accommodation in Scotland under section 25 of the Children Act 1989, or (b)

.

Saving for existing powers

14

The amendments made by this Schedule to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.

SCHEDULE 2

Part 1 — Amendment relating to Chapter 1

Local offer for care leavers

1

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the table, at the appropriate place insert—

“Children and Social Work Act 2017
Section 2	Local offer for care leavers.

2

In paragraph 1(2)(a) of Schedule 2 to the Children Act 1989 (information to be published by a local authority), in paragraph (i), for “, 23B to 23D, 24A and 24B” substitute “ and 23D ”.

3

In section 135(1)(e) of the Education and Inspections Act 2006 (functions subject to inspection), for “or the Adoption and Children Act 2002 (c. 38)” substitute “ , the Adoption and Children Act 2002 or section 2 of the Children and Social Work Act 2017 ”.

4

In section 30 of the Children and Families Act 2014 (local offer for children and young people who have special educational needs or a disability), for “local offer”, in each place it occurs (including the title), substitute “ SEN and disability local offer ”.

Advice and support

5

In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible), after “23C,” insert “ 23CZB, ”.

6

In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship offer: application to persons provided with support under Children Act 1989)—

• (a) for “21” substitute “ 25 ”;

• (b) after “23C” insert “ or 23CZB ”.

Part 2 — Amendments relating to abolition of Local Safeguarding Children Boards

7

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the entry relating to the Children Act 2004—

• (a) for “13 to 16” substitute “ 16A to 16Q ”;

• (b) omit “targets for”;

• (c) omit “, and to Local Safeguarding Children Boards”.

8

• (1) Section 83 of the Children Act 1989 (research and returns of information) is amended as follows.

• (2) In subsection (1), in paragraph (aa), for “of Local Safeguarding Children Boards;” substitute

of— (i) the Child Safeguarding Practice Review Panel; (ii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England; (iii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;

.

• (3) In subsection (2) omit paragraph (aa).

• (4) In subsection (3) omit paragraph (c) (and the “and” before it).

9

• (1) Section 31 of the Children and Young Persons Act 2008 (supply of information concerning deaths of children) is amended as follows.

• (2) In subsections (2) and (4), for “appropriate Board” substitute “ appropriate authority ”.

• (3) In subsection (5), for “Subsection (6) applies” substitute “ Subsections (5A) and (6) apply ”.

• (4) After subsection (5) insert—

(5A) Where the registrar's sub-district is in England, the registrar must, before the end of the required period, secure that the appropriate authority is notified— (a) of the issuing of the certificate; and (b) of the registrar's belief and the grounds for it.

• (5) In subsection (6)—

• (a) at the beginning insert “ Where the registrar's sub-district is in Wales, ”;

• (b) omit “Local Safeguarding Children Board in England or”.

• (6) In subsection (7)(c), for “subsection” substitute “ subsections (5A) and ”.

• (7) After subsection (8) insert—

(8A) The child death review partners for each local authority area in England must— (a) make arrangements for the receipt by them of notifications under this section; and (b) publish those arrangements.

• (8) In subsection (9) omit “Each Local Safeguarding Children Board in England and”.

• (9) Subsection (10) is amended as follows.

• (10) In the definition of “the appropriate Board”—

• (a) for “Board” substitute “ authority ”;

• (b) in paragraph (a), for “the Local Safeguarding Children Board in England in whose area” substitute “ in relation to a register kept for a sub-district in England, the child death review partners for the local authority area within which ”;

• (c) in paragraph (b), at the beginning insert “ in relation to a register kept for a sub-district in Wales, ”.

• (11) At the appropriate place insert—

“child death review partners” has the meaning given by section 16Q(2) of the Children Act 2004;

.

• (12) Omit the definition of “Local Safeguarding Children Board in England”.

SCHEDULE 3

Status

1

• (1) The regulator is not to be regarded—

• (a) as a servant or agent of the Crown, or

• (b) as enjoying any status, immunity or privilege of the Crown.

• (2) The members and staff of the regulator are not to be regarded as Crown servants.

Members

2

The regulator is to consist of—

• (a) a chair appointed by the Secretary of State, and

• (b) such other members as the Secretary of State may appoint.

Term of office

3

A member holds and vacates office in accordance with the terms of the member's appointment (subject as follows).

4

A member may resign by giving written notice to the Secretary of State.

5

The Secretary of State may by notice in writing remove a member who—

• (a) has without reasonable excuse failed to discharge the functions of his or her office, or

• (b) in the opinion of the Secretary of State is otherwise unable or unfit to carry out his or her duties.

Remuneration and pensions

6

The regulator may pay to the members such remuneration, allowances and expenses as the Secretary of State may decide.

7

If required to do so by the Secretary of State, the regulator must—

• (a) pay such pensions or gratuities to or in respect of any member as the Secretary of State may decide;

• (b) pay such sums as the Secretary of State may decide towards provision for the payment of pensions or gratuities to or in respect of any member.

Staff

8

• (1) The regulator must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State.

• (2) The chief executive is an employee of the regulator.

• (3) The Secretary of State may appoint the first chief executive.

9

The regulator may appoint other staff.

10

• (1) The regulator's staff may be appointed on such terms, including relating to remuneration and pension arrangements, as the regulator may decide.

• (2) The regulator must obtain the Secretary of State's approval for any terms relating to remuneration or pension arrangements.

Procedure

11

The regulator may determine its own procedure (including quorum).

12

No proceeding is invalidated by—

• (a) a vacancy in the office of chair, or

• (b) a defect in the appointment of any member.

Delegation

13

• (1) The regulator may delegate functions to a committee, sub-committee, member or member of staff.

• (2) The functions that may be delegated under sub-paragraph (1)—

• (a) include the power conferred by that sub-paragraph, but

• (b) do not include any power or duty to make rules.

14

• (1) The regulator may delegate functions to any other person if—

• (a) the regulator considers that the delegation is likely to lead to an improvement in the exercise of its functions, and

• (b) the person has agreed to the terms of the delegation.

• (2) The functions that may be delegated under sub-paragraph (1) do not include—

• (a) the power conferred by that sub-paragraph, or

• (b) any power or duty to make rules.

• (3) The terms of a delegation under sub-paragraph (1) may include terms requiring payments by the regulator.

15

• (1) A function may be delegated under paragraph 13 or 14—

• (a) wholly or partly;

• (b) generally or only in specified circumstances;

• (c) unconditionally or subject to specified conditions.

• (2) A delegation does not prevent the regulator (or the person making the delegation, if different) from exercising the function or making other arrangements for its exercise.

• (3) A delegation does not affect any liability or responsibility of the regulator for the exercise of its functions.

Membership of committees and sub-committees

16

• (1) A committee or sub-committee of the regulator may include persons who are not members of the regulator.

• (2) The regulator may pay such remuneration and allowances as the Secretary of State may determine to any person who—

• (a) is a member of a committee or sub-committee, but

• (b) is not a member or member of staff of the regulator.

Annual reports and accounts

17

As soon as possible after the end of each financial year, the regulator must send the Secretary of State a report on the exercise of its functions during the year.

18

• (1) The regulator must keep proper accounts and proper records in relation to the accounts.

• (2) The regulator must prepare a statement of accounts for each financial year.

• (3) The statement must be in such form as the Secretary of State may direct.

• (4) The regulator must send a copy of the statement to —

• (a) the Secretary of State, and

• (b) the Comptroller and Auditor General,

within the time period directed by the Secretary of State.

• (5) The Comptroller and Auditor General must—

• (a) examine, certify and report on the statement of accounts, and

• (b) send a copy of the certified statement and of the report to the Secretary of State as soon as possible.

19

The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of—

• (a) the annual report sent under paragraph 17, and

• (b) the certified statement of accounts and report sent under paragraph 18(5)(b).

20

In paragraphs 17 to 19 “financial year” means—

• (a) the period beginning with the day on which this Schedule comes fully into force and ending with the following 31 March, and

• (b) every subsequent period of 12 months ending with 31 March.

Application of seal and evidence

21

The application of the regulator's seal must be authenticated by the signature of—

• (a) a member of the regulator, or

• (b) any other person who is authorised (generally or specially) for that purpose.

22

A document purporting to be duly executed under the seal of the regulator—

• (a) is to be received in evidence, and

• (b) is to be treated as so executed unless the contrary is shown.

Disqualification

23

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ Social Work England. ”

Freedom of information

24

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “ Social Work England. ”

SCHEDULE 4

1

The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

2

• (1) Section 25 (the Professional Standards Authority for Health and Social Care) is amended as follows.

• (2) In subsection (3), after paragraph (gb) (but before the “and” at the end) insert—

(gc) Social Work England

.

• (3) For subsection (3A) substitute—

(3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including— (a) a reference to Social Work England, or (b) a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England.

• (4) In subsection (3B) for the definition of “the social work profession in England” and “social care workers in England” substitute—

“social care workers in England” has the meaning given in section 60 of the 1999 Act.

3

• (1) Section 25A (funding of the Authority) is amended as follows.

• (2) In subsection (1), after “regulatory body” insert “ , other than Social Work England, ”.

• (3) At the end of the heading insert “ by bodies other than Social Work England ”.

4

After section 25A insert—

(25AA) (1) The Secretary of State must by regulations require Social Work England to pay the Authority periodic fees of such amount as the Secretary of State determines in respect of such of the Authority's functions in relation to Social Work England as are specified in the regulations. (2) A reference in this section to the Authority's functions does not include a reference to its functions under section 26A. (3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations. (4) Before determining the amount of a fee under the regulations, the Secretary of State must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations. (5) The Authority must— (a) comply with a request under subsection (4), but (b) before doing so, consult Social Work England. (6) Having received a proposal under subsection (5), the Secretary of State may consult Social Work England. (7) Having taken into account any representations from Social Work England, the Secretary of State must— (a) make a proposal as to the amount of funding that the Secretary of State considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and (b) determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England would be required to pay. (8) The Secretary of State must— (a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and (b) consult Social Work England about the determination under subsection (7)(b) of the amount it would be required to pay. (9) Having taken into account such representations as it receives from consultees, the Secretary of State must— (a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and (b) determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England is to be required to pay. (10) Regulations under this section requiring payment of a fee may make provision— (a) requiring the fee to be paid within such period as is specified; (b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a); (c) for the recovery of unpaid fees or interest. (11) The regulations may enable the Secretary of State to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or Social Work England or on the Secretary of State's own initiative. (12) Before making regulations under this section, the Secretary of State must consult— (a) the Authority, (b) Social Work England, and (c) such other persons as the Secretary of State considers appropriate.

5

In section 25C (appointments to regulatory bodies), in subsection (7), after “Northern Ireland” insert “ or Social Work England ”.

6

• (1) Section 25D (power of regulatory bodies to establish voluntary registers) is amended as follows.

• (2) In subsection (1), after “regulatory body” insert “ other than Social Work England ”.

• (3) In subsection (2), omit paragraph (b) and the “or” before it.

7

In section 25E (section 25D: interpretation), omit subsections (10) and (11).

8

In section 25F (establishment of voluntary register: impact assessment), in subsection (3)(c), for “, users of social care in England and users of social work services in England” substitute “ and users of social care in England ”.

9

In section 25G (power of the Authority to accredit voluntary registers), after subsection (9) insert—

(10) In this section “regulatory body” does not include Social Work England.

10

In section 25H (accreditation of voluntary register: impact assessment), in subsection (3)(c), for “, users of social care in England and users of social work services in England” substitute “ and users of social care in England ”.

11

In section 25I (functions of the Authority in relation to accredited voluntary registers), in subsection (1)(a), omit “, users of social work services in England”.

12

• (1) Section 26A (powers of Secretary of State and devolved administrations) is amended as follows.

• (2) In subsection (1D), omit paragraph (b).

• (3) For subsection (1E) substitute—

(1E) In subsection (1D), “unregulated social care worker in England” has the meaning given in section 25E.

13

In section 27 (regulatory bodies and the Authority), in subsection (2), after “regulatory body” insert “ other than Social Work England ”.

14

In section 28 (complaints), in subsection (1), after “regulatory body” insert “ other than Social Work England ”.

15

• (1) Section 29 (reference to disciplinary cases by the Authority to court) is amended as follows.

• (2) After subsection (2) insert—

(2A) This section also applies to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State.

• (3) For subsection (5A) substitute—

(5A) In relation to something that is a relevant decision as a result of subsection (2A), “the relevant court” means the High Court of Justice in England and Wales.

16

• (1) Section 38 (regulations and orders) is amended as follows.

• (2) In subsection (2), after “other than” insert “ regulations under 29(2A) or ”.

• (3) In subsection (3), after “28” insert “ or 29(2A) ”.

SCHEDULE 5

Part 1 — General amendments

London County Council (General Powers) Act 1920

1

In section 18(e) of the London County Council (General Powers) Act 1920, after “under the Health and Social Work Professions Order 2001” insert “ or section 39(1) of the Children and Social Work Act 2017 ”.

Medicines Act 1968

2

In section 58 of the Medicines Act 1968, omit subsection (1ZA).

Video Recordings Act 1984

3

In section 3 of the Video Recordings Act 1984, omit subsection (11A).

London Local Authorities Act 1991

4

In section 4 of the London Local Authorities Act 1991, in paragraph (c) of the definition of “establishment for special treatment”, after “under the Health and Social Work Professions Order 2001” insert “ or section 39(1) of the Children and Social Work Act 2017 ”.

Value Added Tax Act 1994

5

In Part 2 of Schedule 9 to the Value Added Tax Act 1994, in the Notes to Group 7, omit note (2ZA).

Data Protection Act 1998

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care Standards Act 2000

7

The Care Standards Act 2000 is amended as follows.

8

• (1) Section 55 is amended as follows.

• (2) In subsection (2) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016, omit paragraph (a).

• (3) Until the coming into force of the substitution of subsection (2) by the Regulation and Inspection of Social Care (Wales) Act 2016, the old version has effect as if in paragraph (a) after “social work” there were inserted “ in Wales ”.

• (4) In subsection (3) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016, omit paragraph (k).

9

• (1) Section 67 is amended as follows.

• (2) Omit subsection (1A).

• (3) In subsection (2) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016—

• (a) omit paragraph (a) (including the “and” at the end), and

• (b) in paragraph (b), omit “other”.

• (4) Until the coming into force of the substitution of subsection (2) by the Regulation and Inspection of Social Care (Wales) Act 2016, the old version has effect as if the words from “courses”, in the first place it occurs, to “social workers” were omitted.

Health and Social Work Professions Order 2001

10

The Health and Social Work Professions Order 2001 (SI 2002/254) is amended as follows.

11

• (1) Article 3 is amended as follows.

• (2) In paragraph (5)(b)—

• (a) in paragraph (ii), after “registrants or” insert “ other ”;

• (b) at end of paragraph (iv) insert “ and ”;

• (c) omit paragraphs (vi) and (vii).

• (3) Omit paragraph (5AA).

12

In article 6(3)(aa), omit “or social work”.

13

In article 7(4), omit “or social work”.

14

• (1) Article 9 is amended as follows.

• (2) Omit paragraph (3A).

• (3) In paragraph (8), omit “or social work”.

15

• (1) Article 10 is amended as follows.

• (2) In paragraph (6), omit “or social work”.

• (3) Omit paragraph (7).

16

In article 11A, omit paragraph (11).

17

• (1) Article 12 is amended as follows.

• (2) In paragraph (1)—

• (a) at the end of sub-paragraph (b) insert “ or ”;

• (b) omit sub-paragraph (d) and the “or” before it.

• (3) In paragraph (2)—

• (a) at the end of sub-paragraph (a) insert “ and ”;

• (b) omit sub-paragraph (c) and the “and” before it.

18

• (1) Article 13 is amended as follows.

• (2) In paragraph (1), omit “or (1B)”.

• (3) Omit paragraph (1B).

19

For the heading of article 13A substitute “ Visiting health professionals from relevant European States ”.

20

Omit article 13B.

21

In article 19(2A)(b), omit “or social work”.

22

In article 20, omit the words from “; but the reference” to the end.

23

• (1) Article 37 is amended as follows.

• (2) In paragraph (1)(aa), omit “or social work”.

• (3) Omit paragraph (1B).

• (4) In paragraph (5A)(a), omit the words from “or registered as a social worker” to the end of that sub-paragraph.

• (5) In paragraph (8), omit “(other than a hearing on an appeal relating to a social worker in England)”.

• (6) Omit paragraph (8A).

24

• (1) Article 38 is amended as follows.

• (2) Omit paragraph (1ZA).

• (3) In paragraph (4), omit “(subject to paragraph (5))”.

• (4) Omit paragraph (5).

25

In article 39, omit paragraph (1A).

26

In Schedule 1, in paragraph 1A(1)(b), omit paragraph (ia) (but not the “and” at the end).

27

• (1) In Schedule 3, paragraph 1 is amended as follows.

• (2) In the definition of “visiting health or social work professional from a relevant European state”, omit “or social work” in both places.

• (3) In the definition of “relevant professions”, omit “social workers in England;”.

• (4) Omit the definition of “social worker in England”.

Adoption and Children Act 2002

28

• (1) In section 10 of the Adoption and Children Act 2002, in subsection (2), for “, one of the registers maintained under” substitute

— (a) the register of social workers in England maintained under section 39 of the Children and Social Work Act 2017, (b) any register of social care workers in England maintained under an Order in Council under section 60 of the Health Act 1999 or any register maintained under such an Order in Council so far as relating to social care workers in England, or (c) the register maintained under”.

• (2) Until the coming into force of the amendment made by sub-paragraph (1), section 10(2) of the Adoption and Children Act 2002 is to have effect as if the reference to the registers mentioned there included a reference to the part of the register maintained under article 5 of the Health and Social Work Professions Order 2001 that relates to social workers in England.

Income Tax (Earnings and Pensions) Act 2003

29

In section 343(2) of the Income Tax (Earning and Pensions) Act 2003, in paragraph 1 of the Table, after sub-paragraph (r) insert—

(s) the register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017.

National Health Service Act 2006

30

In section 126 of the National Health Service Act 2006, for subsection (4A) substitute—

(4A) Subsection (4)(h) does not apply to persons in so far as they are registered as social care workers in England (within the meaning of section 60 of the Health Act 1999).

National Health Service (Wales) Act 2006

31

In section 80 of the National Health Service (Wales) Act 2006, for subsection (4A) substitute—

(4A) Subsection (4)(h) does not apply to persons in so far as they are registered as social care workers in England (within the meaning of section 60 of the Health Act 1999).

Armed Forces Act 2006

32

In section 257(3) of the Armed Forces Act 2006, for paragraph (a) substitute—

(a) Social Work England;

.

Safeguarding Vulnerable Groups Act 2006

33

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

34

In section 41(7), in the table, after entry 10 insert—

“11 The register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017	The registrar appointed under section 39(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England”.

35

In Schedule 3, in paragraph 16(4), after paragraph (l) insert—

(m) Social Work England.

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

36

In section 30A(6) of the Protection of Vulnerable Groups (Scotland) Act 2007—

• (a) omit “the social work profession in England or”;

• (b) for “each of those expressions having the same meaning as in” substitute “ within the meaning of ”.

Children and Young Persons Act 2008

37

• (1) In section 2 of the Children and Young Persons Act 2008, in subsection (6), for paragraph (a) substitute—

(a) in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017;

.

• (2) Until the coming into force of the amendment made by sub-paragraph (1), section 2(6)(a) of the Children and Young Persons Act 2008 is to have effect as if the reference to the register mentioned there were to a register maintained under article 5 of the Health and Social Work Professions Order 2001.

Health and Social Care Act 2012

38

In the Health and Social Care Act 2012 omit sections 213, 215 and 216.

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

39

The Regulation and Inspection of Social Care (Wales) Act 2016 is amended as follows.

40

In section 111(4)(b)—

• (a) in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

• (b) in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

41

In section 117(4)(a)—

• (a) in the Welsh text, after “Gofal” insert “ neu Waith Cymdeithasol Lloegr ”;

• (b) in the English text, after “Council” insert “ or Social Work England ”.

42

In section 119(4)(a)(ii)—

• (a) in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

• (b) in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

43

In section 125(5)(a)(ii)—

• (a) in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

• (b) in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

44

In section 174(5)(a)(ii)—

• (a) in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

• (b) in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

Part 2 — Renaming of Health and Social Work Professions Order 2001

45

For the title to the Health and Social Work Professions Order 2001 (SI 2002/254) substitute “ Health Professions Order 2001 ”.

46

In article 1(1) of that Order (citation), for “the Health and Social Work Professions Order 2001” substitute “ the Health Professions Order 2001 ”.

47

In the following provisions, for “the Health and Social Work Professions Order 2001” substitute “ the Health Professions Order 2001 ”

• (a) section 18(e) of the London County Council (General Powers) Act 1920;

• (b) section 3(11) of the Video Recordings Act 1984;

• (c) 114ZA(4) of the Mental Health Act 1983;

• (d) paragraph (E) in the entry for the London County Council (General Powers) Act 1920 in Schedule 2 to the Greater London Council (General Powers) Act 1984;

• (e) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local Authorities Act 1991;

• (f) item 1(c) in Group 7, in Part 2 of Schedule 9 to the Value Added Tax Act 1994;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) section 60(2)(c) of the Health Act 1999;

• (i) sections 25C(8)(h) and 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;

• (j) section 126(4)(a) of the National Health Service Act 2006;

• (k) section 80(4)(a) of the National Health Service (Wales) Act 2006;

• (l) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.

48

In the definition of “registered psychologist” in each of the following provisions, for “the Health and Social Work Professions Order 2001” substitute “ the Health Professions Order 2001 ”

• (a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;

• (d) section 25 of the Gender Recognition Act 2004.

Local offer for care leavers

Maintained schools: staff member for previously looked after pupils

Care orders: permanence provisions

Chapter 1: consequential amendments

Chapter 2: consequential amendments

Education relating to relationships and sex

Over-arching objective

Grants

Interpretation of Part 2

Power to make consequential provision

Children Act 1989

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)

Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465)

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Saving for existing powers

Local offer for care leavers

Advice and support

Status

Members

Term of office

Remuneration and pensions

Staff

Procedure

Delegation

Membership of committees and sub-committees

Annual reports and accounts

Application of seal and evidence

Disqualification

Freedom of information

London County Council (General Powers) Act 1920

Medicines Act 1968

Video Recordings Act 1984

London Local Authorities Act 1991

Value Added Tax Act 1994

Data Protection Act 1998

Care Standards Act 2000

Health and Social Work Professions Order 2001

Adoption and Children Act 2002

Income Tax (Earnings and Pensions) Act 2003

National Health Service Act 2006

National Health Service (Wales) Act 2006

Armed Forces Act 2006

Safeguarding Vulnerable Groups Act 2006

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

Children and Young Persons Act 2008

Health and Social Care Act 2012

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

Editorial notes