Regulation and Inspection of Social Care (Wales) Act 2016

CHAPTER 1 GROUNDS OF IMPAIRMENT

117 Fitness to practise

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

(a) deficient performance as a social care worker;

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

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

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

(e) adverse physical or mental health;

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

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

(a) an instance of negligence,

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

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

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

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

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

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

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

(a) the Health and Care Professions Council;

(b) the Nursing and Midwifery Council;

(c) the Scottish Social Services Council;

(d) the Northern Ireland Social Care Council;

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

(f) a prescribed body.

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

(a) whether inside or outside of Wales;

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

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

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