1.—(1) (a) These Regulations may be cited as the Care Council for Wales (Appointment, Membership and Procedure) Regulations 2001 and, subject to sub-paragraphs (b) — (d), shall come into force on 1st July
(b)Regulation 5(1)(c) shall come into force on the day an Order of the Secretary of State under section 4(4) of the Rehabilitation of Offenders Act 1974 (Effect of rehabilitation)(1) that is of application to a member, or applicant for membership, of the Council comes into force (2).
(c)Regulation 5(1)(d)(i) shall come into force on the first of the following days:
(i)the day on which regulations of the Secretary of State under section 103(2)(b) of the Act (Temporary provision for access to lists) that prescribe a member, or applicant for membership, of the Council as a relevant individual for the purposes of section 103(1) of the Act come into force(3);
(ii)the day on which regulations of the Secretary of State under section 113(3B)(d) of the Police Act 1997 (Criminal record certificates)(4) that prescribe a member, or applicant for membership, of the Council as falling within a position for the purposes of section113(3A) of the 1997 Act come into force(5).
(d)Regulation 5(1)(d)(ii) shall come into force on the first of the following days:
(i)the day on which regulations of the Secretary of State under section 91(2)(c) of the Act (Access to list before the commencement of section 90) that prescribe a member, or applicant for membership, of the Council as a relevant individual for the purposes of section 91 of the Act come into force(6);
(ii)the day on which regulations of the Secretary of State under section 113(3D)(b) of the Police Act 1997 that prescribe a member, or applicant for membership, of the Council as falling within a position for the purposes of section 113(3C) of the 1997 Act come into force(7).
(2) In these Regulations—
“the Act” (“y Ddeddf”) means the Care Standards Act 2000;
“agency” (“asiantaeth”) has the same meaning as in the Act;
“any Council” (“unrhyw Gyngor”) means any one of the following: the Council, the Northern Irish Council, the Scottish Council or the English Council;
“CCETSW” means the Central Council for Education and Training in Social Work provided for in section 10 of the Health and Social Services and Social Security Adjudications Act 1983 (8);
“the Council” (“y Cyngor”) means the Care Council for Wales established by section 54 of the Act (Care Councils);
“chair” (“cadeirydd”) shall be taken to be a reference to the position referred to by the Act as chairman of the Council;
“day centre” (“canolfan ddydd”) has the same meaning as in the Act;
“English Council” (“Cyngor Lloegr”) means the General Social Care Council established by section 54 of the Act;
“establishment” (“sefydliad”) has the same meaning as in the Act;
“member” (“aelod”), unless the context otherwise requires, in relation to the Council includes the Chair;
“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;
“Northern Irish Council” (“Cyngor Gogledd Iwerddon”) means a body established under a provision of the law of Northern Ireland which performs functions similar to those of the Council;
“relevant social work” (“gwaith cymdeithasol perthnasol”) has the same meaning as in the Act;
“Scottish Council” (“Cyngor yr Alban”) means a body established under a provision of the law of Scotland which performs functions similar to those of the Council;
“social care worker” (“gweithiwr gofal cymdeithasol”) means any person described in section 55(2) of the Act (Interpretation) and any person who shall be treated as a social care worker if regulations are made by the National Assembly under section 55 (3) of the Act (but if the National Assembly makes regulations under section 55(2) of the Act excepting persons from the Act’s definition of social care worker then the definition of social care worker in these regulations is to be construed in accordance with those excepting regulations);
“social work agency” (“asiantaeth gwaith cymdeithasol”) means an employment agency or employment business which consists of or includes supplying, or providing services for the purpose of supplying social care workers.
(3) In these Regulations any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in the regulation; and any reference to a numbered sub-paragraph in a paragraph is a reference to the sub-paragraph bearing that number in the paragraph.
An Order may, under section 4(4)(a) of the 1974 Act (referred to as “the Act” in the rest of this footnote), exclude or modify the application of section 4(2) of the Act, and, under section 4(4)(b), provide for exceptions from the provisions of section 4(3) of the Act. Section 4(2) of the Act provides, amongst other things, that questions put to a person about his or her previous convictions are not to be treated as relating to spent convictions. Section 4(3) of the Act provides that, amongst other things, a person may not be placed under an obligation to disclose a spent conviction or be prejudiced in relation to any office by reason of spent convictions. See section 1(1) of the Act (Rehabilitated persons and spent convictions) for the meaning of “spent conviction”.
Section 103(2) of the Act provides that an individual of a prescribed description is to be a “relevant individual” for the purposes of section 103(1) (“prescribed” means “prescribed by regulations”: see s.121(1) of the Act; regulations under section 103 are to be made by the Secretary of State: see section 80(8) of the Act). Section 103(1) provides that a person seeking to ascertain whether a relevant individual is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (Duty of Secretary of State to keep list) shall be entitled to that information, before the commencement of section 8 of the 1999 Act (Searches of both lists under Part V of the Police Act 1997), on making an application to the Secretary of State. Section 8 of the 1999 Act provides for applications to access the list kept under section 1 of the 1999 Act to be made in conjunction with applications to access other lists of information held about individuals
1997 c. 50. Section 8(1) of the Protection of Children Act 1999 (c. 14) inserted sub-sections 3A and 3B into section 113 of the 1997 Act. Section 90(1) of the Act inserted sub-sections 3C and 3D, and section 104(1) and (2)(b) inserted sub-section 3E, into section 113. Additionally sections 102(1), 104(1) and 2(a), 116 of, and paragraph 25(1) of Schedule 4 to, the Act amend sub-section 3A of section 113. The insertions made by the 1999 Act have not, at the making of these regulations, yet had a date appointed for their coming into force: see section 14 of the 1999 Act. Similarly, the insertions and amendments made by the Act have not yet had a date appointed for their coming into force: see section 122 of the Act.
Section 113(3B) of the Police Act 1997 provides that a position falls within it if it is a position of such description as is prescribed under its paragraph (d) (in the 1997 Act “prescribed” means “prescribed by regulations made by the Secretary of State”: see section 125). Section 113 (3A) provides that certificates issued in response to duly made applications for criminal record certificates under section 113 that state the certificate is required for the purposes of considering the applicants suitability for a position within section 113 (3B) shall state whether or not the applicant is, amongst other things, included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (Duty of Secretary of State to keep list).
Section 91(2) of the Act provides that an individual of a prescribed description is to be a “relevant individual” for the purposes of section 91(1) (“prescribed” means “prescribed by regulations”: see section 121(1) of the Act; regulations under section 91(2) are to be made by the Secretary of State: see section 80(8) of the Act). Section 91(1) of the Act provides that a person seeking to ascertain whether a relevant individual is included in the list kept under section 81 (Duty of Secretary of State to keep list of individuals who are considered unsuitable to work with vulnerable adults) shall be entitled to that information, before the commencement of section 90 of the Act (Searches of list under Part V of the Police Act 1997), on making an application to the Secretary of State. Section 90 provides for applications to access the list kept under section 81 to be made in conjunction with applications to access other lists of information held about individuals.
Section 113(3D) of the Police Act 1997 (c. 50) provides that a position falls within it if it is a position of such description as is prescribed under its paragraph (b) (in the 1997 Act “prescribed” means “prescribed by regulations made by the Secretary of State”: see section 125). Section 113(3C) provides that certificates issued in response to duly made applications for criminal record certificates under section 113 that state the certificate is required for the purposes of considering the applicants suitability for a position within section 113(3D) shall state whether or not the applicant is, amongst other things, included in the list kept under section 81 of the Care Standards Act 2000.