PART IN.I.SOCIAL CARE WORKERS

Miscellaneous and supplementalN.I.

[F1Appeals to the Care TribunalN.I.

15.—(1) A person may appeal to the Care Tribunal against a relevantdecision.

(2) On the appeal, the Care Tribunal may—

(a)confirm the decision,

(b)set aside the decision [F2or, in F3... amended] , or

(c)substitute for the decision appealed against any other decision that could have been made.

(3) “Relevant decision” means—

(a)a decision under this Part in respect of registration, F4...

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (3)(a) the reference to a decision under this Part inrespect of registration includes a decision under section 6 to give a warning (but not a decision to enter into, vary or revoke an agreement of a kind mentioned in section 6(1)(dd) or a decision to give advice).]

F1S. 15 substituted (13.5.2016 with effect as mentioned in s. 5(2)) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 5(1), 8

Publication, etc. of registerN.I.

16.—(1) The Council shall publish the register in such manner, and at such times, as it considers appropriate.

(2) Any person who asks the Council for a copy of, or of an extract from, the register shall be entitled to have one.

[F7Publication etc of information about fitness to practiseN.I.

16A—(1) If it considers it is in the public interest to do so, the Councilmay publish or disclose to any person—

(a)information relating to a particular registered person's fitness to practise, or

(b)information of a particular description relating to the fitness to practise of—

(i)every registered person, or

(ii)every registered person of a particular description.

(2) For the purposes of subsection (1)(b) the Council need not considerwhether it is in the public interest to publish or disclose the information in question in relation to each registered person to whom it relates.

(3) In this section “information” includes—

(a)information relating to, or arising, before a person's registration (as well as after it), and

(b)information arising outside the United Kingdom (as well as in it).

(4) In this section references to a registered person include a person whohas at any time been a registered person.]

Cesser of functions of CCETSWN.I.

17.  The Central Council for Education and Training in Social Work shall cease to exercise in relation to Northern Ireland the functions conferred on it by or under section 10 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

RulesN.I.

18.—(1) Rules made by the Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council's functions F8....

(2) In particular, the rules may make provision for the payment of such fees in connection with—

(a)registration (including applications for registration or for amendment of the register F9...;

(b)the approval of courses under section 10;

[F10(ba)assessments of a kind mentioned in section 10A(3);]

(c)the provision of training;

(d)the provision of copies of codes of practice or copies of, or extracts, from the register,

including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify.

F11(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No rules shall be made by the Council under this Part without the consent of the Department.

[F12(4) Rules under this Part may contain transitional, transitory or savingprovision.

(5) Transitional provision made by rules under section 6 may inparticular provide that where a person appeals against a decision made before the coming into operation of the rules (or any amendment of the rules), for the purposes of section 15(2)(c) the rules are (or the amendment is) to be treated as having been in operation at the time of that decision.]

Default powers of DepartmentN.I.

19.—(1) The powers conferred by this section are exercisable by the Department if it is satisfied that the Council—

(a)has without reasonable excuse failed to discharge any of its functions; or

(b)in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by it under section 1(3) in relation to those functions.

(2) The Department may—

(a)make an order declaring the Council to be in default; and

(b)direct the Council to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

(3) If the Council fails to comply with the Department's direction under subsection (2), the Department may—

(a)discharge the functions to which the direction relates itself; or

(b)make arrangements for any other person to discharge those functions on its behalf.

Ss. 20‐21 rep. by 2003 NI 9

[F13Interpretation of this PartN.I.

22.—[F14(1)]  In this Part “child”, “children's home”, “day care setting”, “domiciliary care agency”, “nursing home”, “personal care”, “registered care home”, “residential family centre”, “school” and “undertaking” have the same meanings as in the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.]

[F15(2) In this Part—

“the register” means the register maintained under section 3;

“registered person” means a person registered in a part of the register.]