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The Legislative Reform (Regulation of Providers of Social Work Services) (England and Wales) Order 2013

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Draft Order laid before Parliament under section 14(1) of the Legislative and Regulatory Reform Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2013 No. 0000

Regulatory Reform, England And Wales

Children And Young Persons, England And Wales

The Legislative Reform (Regulation of Providers of Social Work Services) (England and Wales) Order 2013

Made

Coming into force in accordance with article 1

The Secretary of State for Education, in exercise of the powers conferred by section 1 of the Legislative and Regulatory Reform Act 2006(1), makes the following Order.

For the purposes of section 3(1) of that Act, the Secretary of State considers that the conditions in section 3(2), where relevant, are satisfied.

The Secretary of State has consulted in accordance with section 13(1) of that Act.

The Secretary of State has laid a draft Order and an explanatory document before Parliament in accordance with section 14(1) of that Act.

Pursuant to section 15 of that Act, the affirmative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to the making of the Order.

In accordance with section 17(2) of that Act, the draft has been approved by resolution of each House of Parliament after the expiry of the 40 day period.

Citation, commencement and interpretation

1.  This Order may be cited as the Legislative Reform (Regulation of Providers of Social Work Services) (England and Wales) Order 2013 and comes into force on the day after the day on which it is made.

2.  In this Order—

“the 2000 Act” means the Care Standards Act 2000(2);

“the 2008 Act” means the Children and Young Persons Act 2008(3).

Regulation of providers of social work services

3.—(1) Section 4 of the 2008 Act (regulation of providers of social work services) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) In subsection (1), in the subsection (10) inserted into section 4 of the 2000 Act, after “to a provider of social work services” insert “in Wales”.

(4) Section 4(2) is repealed.

(5) In subsection (3), in the subsection (4A) inserted into section 121 of the 2000 Act (interpretation), after “provider of social work services” insert “in Wales”.

(6) Section 4(4) is repealed.

Confinement of piloting and expiry of arrangements to Wales

4.—(1) Section 6 of the 2008 Act is amended as follows.

(2) In the heading, after “arrangements” insert “in Wales”.

(3) Before subsection (1), insert—

(A1) This section only applies in relation to Wales..

(4) Omit subsection (2).

(5) Omit subsection (4).

5.—(1) The amendments made by Article 4 are, to the extent necessary, to be ignored for the purposes of determining when piloting arrangements made by a local authority in England come to an end.

(2) In paragraph (1) —

“local authority” has the same meaning as in Part 1 of the 2008 Act (see section 1(11) of that Act);

“piloting arrangements” means arrangements made under section 1 of the 2008 Act before the coming into force of this Order.

6.—(1) Section 44 of the 2008 Act (commencement) is amended as follows.

(2) After subsection (10) insert—

(11) An order bringing section 1 into force may do so by reference to particular local authorities or local authorities of a particular description (and “local authority” has the same meaning as in Part 1 (see section 1(11))..

Consequential amendments

7.—(1) Schedule 4 to the 2008 Act (repeals) is amended as follows.

(2) Omit the entry relating to section 5(1A) of the 2000 Act.

(3) Omit the entry relating to Part 1 of the 2008 Act.

Name

Parliamentary Under Secretary of State

Department for Education

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 1 of the Legislative and Regulatory Reform Act 2006 (“the 2006 Act”). Section 4 of the Children and Young Persons Act 2008 (“the 2008 Act”) amends the Care Standards Act 2000 (“the 2000 Act”) to provide for the regulation of providers of social work services; it provides for providers of social work services to be registered with Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and in respect of those services to be subject to regular inspection. Article 3 confines the application of this amendment to the 2000 Act so that it only applies to a provider of social work services in Wales. Where a local authority enters into arrangements with a provider of social work services in England, the Chief Inspector may inspect those arrangements as part of its inspection of the local authority under section 136 of the Education and Inspections Act 2006.

Section 4(2) of the 2008 Act is repealed by Article 3(4), as sub-paragraph (a) is spent and sub-paragraph (b) would only apply in relation to England and will not be relevant given that the provision has been confined to Wales. The repeal of subsection (2) has been made as an incidental provision under section 1(8) of the 2006 Act. Article 3(6) repeals section 4(4) of the 2008 Act. The repeal made by section 4(4) (which would have no practical effect in Wales) has already been given effect to in England by commencement of the entry in Schedule 4 to the 2008 Act (by Article 4(l) of SI 2010/2981) relating to section 148(2) of the Education and Inspections Act 2006.

Section 6 of the 2008 Act enables the piloting of arrangements with providers of social work services for a period of up to five years. Subsection (3) provides that sections 1 to 5 cease to have effect if the piloting period comes to an end after 5 years without section 4 having been commenced. Subsections (4) and (5) provide that if section 1(1) is not commenced within a period of five years then sections 1 to 5 cease to have effect in relation to England, or as the case may be, Wales. The effect of Article 4 is to confine the application of section 6 to Wales. Article 5 preserves any piloting agreements entered into by a local authority in respect of which section 1 of the 2008 Act has already been commenced.

An impact assessment has not been prepared for this Order as there is no significant impact on the private and voluntary sectors.

(1)

2006, c 51. See section 32 for definition of “Minister of the Crown”.

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