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Care Standards Act 2000

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Part IVU.K. Social care workers

PreliminaryE+W

F154The Care Council for WalesE+W

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Textual Amendments

F1S. 54 repealed (11.7.2016 for specified purposes, 3.4.2017 in so far as not already in force) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 67(1), 188(1); S.I. 2016/713, art. 2; S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

55 Interpretation.E+W

(1)This section has effect for the purposes of this Part.

[F2(2)Social care worker” means a person (other than a person excepted by regulations) who—

(a)engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “social worker”),

(b)is employed at a children's home in England, a care home in England or a residential family centre in England,

(c)manages a home or centre of a kind mentioned in paragraph (b),

(d)is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,

(e)manages an agency of the kind mentioned in paragraph (d), or

(f)is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3)Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a)a person engaged in work for the purposes of a local authority in England's social services functions;

(b)a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;

(c)a person engaged in the provision of personal care for any person in England;

(d)a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England;

(e)a person who manages an undertaking of the kind mentioned in paragraph (d);

(f)a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);

(g)a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

(i)section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),

(ii)section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or

(iii)section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);

(h)a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);

(i)a person who manages employees mentioned in paragraph (g) or (h);

(j)a person employed in a day centre in England;

(k)a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers.]

[F3(4A)[F4“Social care manager” means a person who falls within the description in subsection (2)(c).]]

(5)Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).

[F5(6)[F6“The General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059).]]

[F7(7)[F6Relevant European State” means an EEA State or Switzerland.]

(8)[F6Exempt person” means—

(a)a national of a relevant European State other than the United Kingdom,

(b)a national of the United Kingdom who is seeking to engage in relevant social work [F8, or to engage in work as a social care manager in Wales,] by virtue of an enforceable [F9EU] right, or

(c)a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F9EU] right, entitled to be treated, as regards the right to engage in relevant social work [F10, or the right to engage in work as a social care manager in Wales,] , no less favourably than a national of a relevant European State;

and in this subsection, “national”, in relation to a relevant European State, means the same as in [F9EU] Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from [F9EU] provisions relating to the free movement of persons and services.]]

Textual Amendments

F4S. 55(4A) omitted by virtue of 2016 anaw 2, Sch. 3 para. 42(b) (as amended (3.4.2017) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 144(3) (with reg. 155))

Commencement Information

I1S. 55 partly in force; s. 55 not in force at Royal Assent see s. 122; s. 55 in force for W. at 1.4.2001 by S.I. 2000/2992, art. 2(2), Sch. 2; s. 55 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(b); s. 55 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(d); s. 55(1)(2)(a)(4) in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2; s. 55(3)(g) in force for E. for certain purposes at 1.3.2004 by S.I. 2004/484, art. 2

RegistrationE+W

F1156 The register.E+W

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F1157 Applications for registration.E+W

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F1158 Grant or refusal of registration.E+W

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F1158AVisiting social workers from relevant European StatesE+W

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F1158B.Visiting social care managers from relevant European StatesE+W

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F1159 Removal etc. from register.E+W

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F1160 Rules about registration.E+W

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F1161 Use of title “social worker” etc.E+W

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Codes of practiceE+W

F1162 Codes of practice.E+W

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TrainingE+W

F1163 Approval of courses etc.E+W

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F1164 Qualifications gained outside the Welsh Council's area– social workers E+W

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F1164A.Qualifications gained outside the Welsh Council’s area – social care managersE+W

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F1165 Post registration training.E+W

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F1166 Visitors for certain social work courses.E+W

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67[F12Functions of the Secretary of State.]E+W

(1)The [F13Secretary of State] has the function of—

(a)ascertaining what training is required by persons who are or wish to become social care workers;

(b)ascertaining what financial and other assistance is required for promoting such training;

(c)encouraging the provision of such assistance;

(d)drawing up occupational standards for social care workers.

[F14(1A)But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social Work Professions Order 2001.]

[F15(2)The Secretary of State shall encourage persons to take part in—

(a)courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and

(b)other courses relevant to the training of persons who are or wish to become social care workers.]

(3)If it appears to the [F16Secretary of State] that adequate provision is not being made for training persons who are or wish to become social care workers, the [F17Secretary of State] may provide, or secure the provision of, courses for that purpose.

(4)The [F18Secretary of State] may, upon such terms and subject to such conditions as [F19he or she] considers appropriate—

(a)make grants, and pay travelling and other allowances, to persons resident in England F20... in order to secure their training in the work of social care workers;

(b)make grants to organisations providing training in the work of social care workers.

(5)Any functions of the Secretary of State under this section—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.

F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purpose of determining—

(a)the terms and effect of an authorisation under subsection (5)(b) F23...; and

(b)the effect of so much of any contract made between the [F24Secretary of State] and the authorised person as relates to the exercise of the function,

Part II of the M1Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act [F25and in subsection (5)(b)]employee” has the same meaning as in that Part.

Textual Amendments

Commencement Information

I2S. 67 partly in force; s. 67 not in force at Royal Assent see s. 122; s. 67 in force for W. at 1.10.2001 by S.I. 2001/2538, art. 2(2)(4)(a); s. 67(1)-(4)(7) in force for E. for certain purposes and s. 67(5) in force for E. at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(c)

Marginal Citations

[F2667AExercise by Special Health Authority of functions under s. 67(4)(a)E+W

(1)The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions.

(2)If the Secretary of State gives a direction under subsection (1), the National Health Service Act 2006 shall have effect as if—

(a)the direction were a direction of the Secretary of State under section 7 of that Act, and

(b)the functions were exercisable by the Special Health Authority under section 7.

(3)Directions under subsection (1)—

(a)shall be given by an instrument in writing, and

(b)may be varied or revoked by subsequent directions.]

Textual Amendments

F26S. 67A inserted (28.4.2008) by Health Act 2006 (c. 28), ss. 72 (as amended by 2006 c. 43, s. 2, Sch. 1 para. 287), 83; S.I. 2008/1147, art. 4

Miscellaneous and supplementalU.K.

F2768 Appeals to the Tribunal.E+W

[F27(1)An appeal against a decision of [F28the Welsh Council] under this Part in respect of registration shall lie to the Tribunal.

[F29(1A)An appeal shall lie to the Tribunal against a decision of [F28the Welsh Council] under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.]

[F30(1B)An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social care manager in the United Kingdom.

(1C)An appeal shall lie to the Tribunal against a decision of the Welsh Council under regulation 67 of the General Systems Regulations to send an alert about a person.]

(2)On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect [F31or, in the case of an appeal under subsection (1C), direct that the alert be withdrawn or amended] .

(3)The Tribunal shall also have power on an appeal against a decision—

(a)to vary any condition for the time being in force in respect of the person to whom the appeal relates;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of that person.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I3S. 68 partly in force; s. 68 not in force at Royal Assent see s. 122; s. 68 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 68 in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

F2769 Publication etc. of register.E+W

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F3270 Abolition of Central Council for Education and Training in Social Work.U.K.

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Textual Amendments

F3371 Rules.E+W

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