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The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

Type Welsh-Statutory-Instrument

Publication 2019-03-29

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 29 March 2019

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 make the following Regulations.

In accordance with paragraph 1(9) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of the National Assembly for Wales.

Title, commencement, application and interpretation

1

(1) The title of these Regulations is the Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019.

(2) ... These Regulations come into force on exit day.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) These Regulations apply in relation to Wales.

(5) In these Regulations, “the 2016 Act” means the Regulation and Inspection of Social Care (Wales) Act 2016 .

PART 1 — Amendments to legislation

2

The 2016 Act is amended as follows.

3

In section 66(1) (interpretation of Parts 3 to 8), omit the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State”, “visiting European social care manager part” and “visiting European social worker part”.

4

In section 74 (rules: fees) , omit subsection (3).

5

In section 80 (the register) , omit subsections (1)(c) and (d), (2)(c) and (d), and (3)(c) and (d).

6

In section 84 (“appropriately qualified”) , omit paragraph (aa)(ii).

7

In section 85 (qualifications gained outside Wales – social workers) , omit subsection (1).

8

Omit section 85A (qualifications gained outside Wales – social care managers) .

9

Omit section 90 (visiting social workers from relevant European States) .

10

Omit section 90A (visiting social care managers from relevant European States) .

11

Omit section 105 (other appeals: decisions made under the General Systems Regulations) .

12

In section 113 (continuing professional development), omit subsections (3) to (5) .

13

In section 164 (meaning of “registered person” in Part 6) —

(a) for “the social worker part, an added part” substitute “ the social worker part or an added part ”;

(b) omit “or the visiting European social worker part or visiting European social care manager part”.

14

In Schedule 1 (regulated services: definitions), in paragraph 7(4) (advocacy services), for paragraph (b) substitute—

(b) a person for whom one of the following provisions has effect so as to allow that person to continue to practise as a lawyer in England and Wales and Northern Ireland, or Scotland, on or after IP completion day— (i) regulation 5 (transitional provision: the 1978 Order and Switzerland) of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (“the 2020 Regulations”); (ii) regulation 5 (transitional provision: the European Communities (Services of Lawyers) Order 1978 and Switzerland) of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (“the 2019 Regulations”); (iii) regulation 6 (transitional provision: the 2000 Regulations and Swiss lawyers) of the 2020 Regulations; (iv) regulation 7 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and Swiss lawyers) of the 2019 Regulations.

Consequential amendment to the Mental Health Act 1983

15

In section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties) of the Mental Health Act 1983 , omit “or the visiting European part”.

PART 2 — Savings and transitional provision

Pending applications

16

(1) Where a relevant application is received before IP completion day, the 2016 Act continues to apply in relation to the application (including in relation to any appeal arising from it) on and after IP completion day as if the amendments made by Part 1 had not been made.

(2) In paragraph (1), “relevant application” means an application for—

(a) admission to the visiting European social worker part or the visiting European social care manager part of the register kept under section 80 of the 2016 Act,

(b) renewal of registration in those parts of the register under section 86(2) of the 2016 Act,

(d) restoration to those parts of the register under section 96(2) or 97(2) of the 2016 Act.

17

(1) This regulation applies where—

(a) immediately before IP completion day—

(i) a person had the benefit of regulation 12 of the 2015 Regulations in respect of the provision by that person of services as a social worker or a social care manager, and

(ii) section 90(3) or 90A(3) of the 2016 Act applied to the person;

(b) by virtue of this regulation, the person continues to have that benefit on or after IP completion day; and

(2) Despite the amendments made by Part 1, the provisions of the 2016 Act specified in paragraph (4) continue to apply in relation to the provision of those services by a person to whom paragraph (1) applies on or after IP completion day, as they applied before that day, but subject to the modifications specified in paragraph (5).

(3) Paragraph (2) has effect until—

(a) in the case of a person who is registered in accordance with section 90(3) or 90A(3) of the 2016 Act, the day on which the person’s name is removed from the register under section 90(6) or 90A(6) of that Act as the case may be;

(b) in the case of a person who is treated as being registered under section 90(4) or 90A(4) of the 2016 Act, the day on which the person’s entitlement to be registered under section 90(3) or 90A(3) of the 2016 Act ceases by virtue of section 90(5) or 90A(5) of that Act as the case may be.

(4) The provisions of the 2016 Act referred to in paragraph (2) are—

(a) in section 66(1) (interpretation of Parts 3 to 8), the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State”, “visiting European social care manager part” and “visiting European social worker part”;

(b) section 74(3) (rules: fees);

(d) section 90 (visiting social workers from relevant European States);

(e) section 90A (visiting social care managers from relevant European States);

(f) section 105 (other appeals: decisions made under the General Systems Regulations);

(g) section 113(3) to (5) (continuing professional development).

(5) Insofar as the following provisions of the 2016 Act continue to apply by virtue of paragraph (2), they apply with the following modifications—

(a) in section 90 (visiting social workers from relevant European States)—

(i) subsection (1) is to be read as if “other than the United Kingdom” was omitted;

(ii) subsection (8) is to be read as if—

(aa) for the definitions of “exempt person” and “the General Systems Regulations” there were substituted—

“exempt person” (“person esempt”) means—a person who, immediately before IP completion day, was a national of a relevant European State,a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time was seeking access to, or pursuing, by virtue of an enforceable EU right, social work or work as a social care manager, ora person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of social work or work as a social care manager, no less favourably than a national of a relevant European State, and for the purposes of this definition “enforceable EU right” (“hawl UE orfodadwy”) means a right recognised and available in domestic law, immediately before IP completion day, by virtue of section 2(1) of the European Communities Act 1972 (c. 68);

“the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—in relation to anything done before IP completion day, as they had effect at that time but subject to the modification that any reference to “the Care Council for Wales” is to be read as if there were substituted “Social Care Wales”,otherwise (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;

(bb) in the definition of “national” for “is not” there were substituted “was not immediately before IP completion day”;

(b) in section 90A (visiting social care managers from relevant European States), subsection (1) is to be read as if “other than the United Kingdom” was omitted.

(6) For the purposes of this regulation, the 2015 Regulations have effect as if for any reference to “the Care Council for Wales” there were substituted “Social Care Wales”.

Interpretation of provisions saved by regulation 17(2)

18

(1) This regulation applies to a relevant applicant.

(2) Despite the amendments made by Part 1, the provisions of the 2016 Act specified in paragraph (5) continue to apply in relation to the provision of those services by a relevant applicant on or after IP completion day as they applied immediately before that day subject to the restriction in paragraph (3) and the modifications specified in paragraph (6).

(3) A relevant applicant may only provide services as a social worker or a social care manager for a period not exceeding 90 days in any calendar year.

(4) Paragraph (2) has effect until the end of the visiting practitioner transitional period.

(5) The provisions of the 2016 Act referred to in paragraph (2) are—

(a) in section 66(1) (interpretation of Parts 3 to 8), the definitions of “the General Systems Regulations”, “national”, “relevant European State”, “visiting European social care manager part” and “visiting European social worker part”;

(b) section 74(3) (rules: fees);

(d) section 90 (visiting social workers from relevant European States);

(e) section 90A (visiting social care managers from relevant European States);

(f) section 105 (other appeals: decisions made under the General Systems Regulations);

(g) section 113(3) to (5) (continuing professional development).

(6) Insofar as the following provisions of the 2016 Act continue to apply by virtue of paragraph (2), they apply with the following modifications—

(a) in section 90 (visiting social workers from relevant European States)—

(i) subsection (1) is to be read as if there were substituted—

(1) This section applies to a relevant applicant (within the meaning given in regulation 15A of the Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations) 2019) (“V”) who is lawfully established in Switzerland, as a social worker.

(ii) subsection (8) is to be read as if—

(aa) for the definition of “the General Systems Regulations”, there were substituted—

“the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—in relation to anything done before IP completion day, as they had effect at that time but subject to the modification that any reference to “the Care Council for Wales” is to be read as if there were substituted “Social Care Wales”,otherwise (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;

(bb) in the definition of “national” for “is not” there were substituted “was not immediately before IP completion day”;

(b) section 90A (visiting social care managers from relevant European States) is to be read as if for subsection (1) there were substituted—

(1) This section applies to a relevant applicant (within the meaning given in regulation 15A of the Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations) 2019) (“X”) who is lawfully established in Switzerland, as a social care manager.

(c) section 113 (continuing professional development) is to be read as if in subsection (5) for “the relevant” to the end there were substituted “Switzerland”.

Internal Market Information System (IMI) Alerts

19

(1) This regulation applies where—

(a) before IP completion day, a person is given notice of a decision made under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to send an alert about the person, and

(b) either—

(i) the time limit for appeal against the decision under section 105(1)(c) of the 2016 Act expires on or after IP completion day, or

(ii) an appeal against the decision under that section is made, but not finally determined, before IP completion day.

(2) Despite the amendments made by Part 1, the following provisions of the 2016 Act continue to apply in relation to the decision on and after IP completion day as they applied before IP completion day—

(a) in section 66(1), the definition of “the General Systems Regulations”;

(b) in section 90(8), the definition of “the General Systems Regulations”;

(c) section 105(1) (but not paragraphs (a) and (b) of that subsection and subject to the modification specified in paragraph (3) of this regulation).

(3) For the purposes of paragraph (2)(c), section 105(1)(c) of the 2016 Act is to be read as if for “those Regulations” there were substituted “the General Systems Regulations (as they had effect at the time SCW's decision was made)”.

(4) In disposing of an appeal against the decision on or after IP completion day, the tribunal has (instead of the powers specified in section 105(5) of the 2016 Act) the power—

(a) to confirm the decision, or

(b) if the tribunal considers that the alert should be withdrawn or amended, to direct that Social Care Wales take such steps as the tribunal thinks fit to notify the European Commission of the tribunal's decision.

Signed

Julie Morgan — Deputy Minister for Health and Social Services, one of the Welsh Ministers — 2019-03-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 p. 16.

[^f00002]: 2016 dccc 2.

[^f00003]: Mewnosodwyd y diffiniadau “rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad” a “rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad” gan O.S. 2016/1030, rheoliad 121(2).

[^f00004]: Amnewidiwyd “rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad neu’r rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad” gan O.S. 2016/1030, rheoliad 123.

[^f00005]: Gwnaed diwygiadau perthnasol gan O.S. 2016/1030, rheoliad 127(2), (3) a (4).

[^f00006]: Gwnaed diwygiadau perthnasol gan O.S. 2016/1030, rheoliad 129(2) a (3).

[^f00007]: Mewnosodwyd “- gweithwyr cymdeithasol” ym mhennawd yr adran gan O.S. 2016/1030, rheoliad 131(2).

[^f00008]: Mewnosodwyd gan O.S. 2016/1030, rheoliad 133.

[^f00009]: Gwnaed diwygiadau perthnasol gan O.S. 2016/1030, rheoliad 135.

[^f00010]: Mewnosodwyd gan O.S. 2016/1030, rheoliad 137.

[^f00011]: Gwnaed diwygiadau perthnasol gan O.S. 2016/1030, rheoliad 139.

[^f00012]: Gwnaed diwygiadau perthnasol gan O.S. 2016/1030, rheoliad 141.

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