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The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

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PART 1Amendments to legislation

Amendments to the Regulation and Inspection of Social Care (Wales) Act 2016

2.  The 2016 Act is amended as follows.

3.  In section 66(1) (interpretation of Parts 3 to 8), omit the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State”, “visiting European social care manager part” and “visiting European social worker part”(1).

4.  In section 74 (rules: fees)(2), omit subsection (3).

5.  In section 80 (the register)(3), omit subsections (1)(c) and (d), (2)(c) and (d), and (3)(c) and (d).

6.  In section 84 (“appropriately qualified”)(4), omit paragraph (aa)(ii).

7.  In section 85 (qualifications gained outside Wales – social workers)(5), omit subsection (1).

8.  Omit section 85A (qualifications gained outside Wales – social care managers)(6).

9.  Omit section 90 (visiting social workers from relevant European States)(7).

10.  Omit section 90A (visiting social care managers from relevant European States)(8).

11.  Omit section 105 (other appeals: decisions made under the General Systems Regulations)(9).

12.  In section 113 (continuing professional development), omit subsections (3) to (5)(10).

13.  In section 164 (meaning of “registered person” in Part 6)(11)—

(a)for “the social worker part, an added part” substitute “the social worker part or an added part”;

(b)omit “or the visiting European social worker part or visiting European social care manager part”.

14.  In Schedule 1 (regulated services: definitions), in paragraph 7 (advocacy services)—

(a)in sub-paragraph (4)—

(i)at the end of paragraph (a), omit “or”;

(ii)for paragraph (b) substitute—

(b)an individual to whom—

(i)regulation 5(1)(a) of the Revocation Regulations applies,

(ii)regulation 5(1)(b) of those Regulations applied and who becomes a registered European lawyer (by virtue of a decision on the individual’s application or on appeal),

(iii)regulation 5(1)(c) of those Regulations applied and whose suspension is terminated (whether on appeal or otherwise), or

(iv)regulation 5(1)(d) of those Regulations applied and whose registration as a registered European lawyer has been reinstated, or

(c)an individual for whom the provisions in regulation 4A or 5A of the Revocation Regulations have effect so as to allow that person to continue to practice as a lawyer in the United Kingdom after exit day.;

(b)after sub-paragraph (4) insert—

(4A) In sub-paragraph (4)—

“registered European lawyer” (“cyfreithiwr Ewropeaidd cofrestredig”) has the same meaning as in regulation 2(1) of the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119) as it had effect immediately before exit day;

“the Revocation Regulations” (“y Rheoliadau Dirymu”) means the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 (S.I. 2019/ 375).

(2) In Schedule 1, in paragraph 7, omit sub-paragraph (4)(b) and the definition of “registered European lawyer” in sub-paragraph (4A) (as substituted and inserted by paragraph (1) of this regulation).

Consequential amendment to the Mental Health Act 1983

15.  In section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties) of the Mental Health Act 1983(12), omit “or the visiting European part”.

(1)

The definitions “visiting European social care manager part” and “visiting European social worker part” were inserted by S.I. 2016/1030, regulation 120(2).

(2)

“European social worker part or visiting European social care manager part” was substituted by S.I. 2016/1030, regulation 122.

(3)

Relevant amendments were made by S.I. 2016/1030, regulation 126(2), (3) and (4).

(4)

Relevant amendments were made by S.I. 2016/1030, regulation 128(2) and (3).

(5)

“- social workers” was inserted into the section heading by S.I. 2016/1030, regulation 130(2).

(6)

Inserted by S.I. 2016/1030, regulation 132.

(7)

Relevant amendments were made by S.I. 2016/1030, regulation 134.

(8)

Inserted by S.I. 2016/1030, regulation 136.

(9)

Relevant amendments made by S.I. 2016/1030, regulation 138.

(10)

Relevant amendments made by S.I. 2016/1030, regulation 140.

(11)

“European social worker part or visiting European social care manager part” was substituted by S.I. 2016/1030, regulation 142(2).

(12)

1983 c. 20; section 130H was inserted by the Mental Health (Wales) Measure 2010 (nawm 7), section 34. Subsection (7)(b) of section 130H was amended by the 2016 Act, Schedule 3, paragraph 39.

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