Search Legislation

Regulation and Inspection of Social Care (Wales) Act 2016

Status:

This is the original version (as it was originally enacted).

Review

131Review of decisions by SCW

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

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

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

(2)This subsection applies to the following decisions—

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

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

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

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

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

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

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

(b)the reasons for carrying out a review.

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

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

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

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

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

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

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

(c)determine that the decision stands.

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

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

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

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

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

132Cancellation of referral to fitness to practise panel

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

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

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

(2)SCW may—

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

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

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

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

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

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

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

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

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

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

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

133Referral by SCW for review proceedings

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

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

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

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

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

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

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

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

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

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources