- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As enacted) - English
- Original (As enacted) - Welsh
There are currently no known outstanding effects for the Regulation and Inspection of Social Care (Wales) Act 2016, PART 2 .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section provides an overview of the main provisions of Parts 3 to 8 of this Act.
(2)Part 3—
(a)renames the Care Council for Wales as Social Care Wales (defined by section 67 as “SCW”), and
(b)makes provision for its general functions (see, in particular, sections 68 to 72, including the provision in Schedule 2 about SCW's constitution and other matters relevant to its general operation).
(3)Parts 4 to 6 confer functions on SCW in relation to the regulation of social workers and other persons engaged in the provision of care and support to persons in Wales (defined, collectively, as “social care workers” by section 79(1)); including—
(a)a duty to keep a register of certain social care workers, including social workers (see, in particular, section 80 of Part 4);
(b)a requirement in section 81 for SCW to appoint a registrar to process applications for registration in the register and to otherwise exercise functions under Part 4 in relation to the register, including the function of deciding, under section 83, whether persons should be admitted to the register.
(4)Parts 4 to 6 also set out the requirements which must be met to become, and to remain, registered; including—
(a)a requirement that the registrar be satisfied that a person is qualified, or otherwise appropriately trained, to be a social care worker (on which, see section 83),
(b)obligations to be met by persons registered in the register in respect of continual professional development (see section 113 of Part 5), and
(c)obligations in respect of fitness to practise as a social care worker.
(5)Section 117 in Chapter 1 of Part 6 sets out the grounds of potential impairment of a person's fitness to practise for the purposes of being, and remaining, registered; including deficient performance as a social care worker and serious misconduct in any capacity.
(6)Chapter 2 of Part 6 provides for a system of preliminary consideration and, if necessary, investigation by or on behalf of SCW into whether a registered social care worker's fitness to practise may be impaired, and for the referral of certain cases to a fitness to practise panel.
(7)Part 8 requires SCW to establish panels which will determine whether a person should be admitted to, or removed from, the register; in particular—
(a)panels to make determinations under Part 4, including determinations about decisions made by the registrar (defined by section 174 of Part 8 as “registration appeals panels”),
(b)panels to make determinations in relation to a registered social care worker's fitness to practise by reference to the grounds of potential impairment in section 117 (defined by section 174 of Part 8 as “fitness to practise panels”), and
(c)panels to make decisions pending determination of a matter by registration appeals panels or fitness to practise panels (defined by section 174 of Part 8 as “interim orders panels”).
(8)Chapter 3 of Part 6 makes provision about the ways in which fitness to practise panels may dispose of cases in which a person's fitness to practise is in question, including provision allowing panels to remove or suspend a person from the register; and Chapter 5 of Part 6 makes provision about the periodic review by a fitness to practise panel of the fitness to practise of persons who have been subject to proceedings under Chapter 3 of that Part.
(9)Section 104 of Part 4 makes provision about appeals to the First-tier tribunal against decisions made under that Part relating to registration, while Chapter 6 of Part 6 provides for appeals to the tribunal against the determinations of fitness to practise panels under that Part.
(10)Section 111 of Part 4 makes it an offence for a person in Wales to intend to deceive someone by pretending to be a registered social worker, and by virtue of regulations makes it an offence for a person to intend to deceive someone by pretending to be another kind of registered social care worker.
(11)Part 7 allows the Welsh Ministers by regulations to authorise fitness to practise panels to prohibit social care workers in respect of whom a part of the register is not kept from carrying out activities specified in the regulations, and makes connected provision, including making it an offence to carry out those activities while subject to prohibition.
(12)In addition to making provision about continual professional development, Part 5 makes provision about other functions of SCW in respect of the education and training of social care workers, including provision about the approval by SCW of courses for persons who are or wish to become social care workers (see section 114).
Commencement Information
(1)In Parts 3 to 8 of this Act—
“added part” (“rhan ychwanegol”), in relation to the register, is to be interpreted in accordance with section 80(3);
F1...
“fitness to practise panel” (“panel addasrwydd i ymarfer”) means a panel established by virtue of section 174(1)(b);
F1...
“interim orders panel” (“panel gorchmynion interim”) means a panel established by virtue of section 174(1)(c);
F1...
“register” (“cofrestr”) means the register kept under section 80;
“registrar” (“cofrestrydd”) means a person appointed as registrar under section 81;
“registration appeals panel” (“panel apelau cofrestru”) means a panel established by virtue of section 174(1)(a);
F1...
“relevant social work” (“gwaith cymdeithasol perthnasol”) has the meaning given by section 79(4);
[F2“social care manager” (“rheolwr gofal cymdeithasol”) has the meaning given by section 79(1)(b);]
“social care worker” (“gweithiwr gofal cymdeithasol”) has the meaning given by section 79;
“social worker” (“gweithiwr cymdeithasol”) has the meaning given by section 79(1);
“social worker part” (“rhan gweithwyr cymdeithasol”), in relation to the register, is to be interpreted in accordance with section 80(3);
F3...
F1...
F1...
(2)See section 189 for provision about the interpretation of words and phrases applying to the whole Act.
Textual Amendments
F1Words in s. 66(1) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761), regs. 1(2), 3 (with regs. 15A-19) (as amended by S.I. 2020/1626, regs. 1(2), 6-13); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in s. 66(1) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 120(2) (with reg. 155)
F3Words in s. 66(1) omitted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 120(3) (with reg. 155)
Commencement Information
I2S. 66 in force at 3.4.2017 by S.I. 2017/309, art. 2(a) (with arts. 3, 4, Sch.)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: