PART 8

SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

Duty to establish panels etc.
174
1
SCW must by rules make provision for there to be—
a
panels to make determinations under Part 4 in relation to initial registration in, remaining on and being restored to, the register (“registration appeals panels”),
b
panels to make determinations in relation to the fitness of persons registered in the register to practise as social care workers (“fitness to practise panels”), and
c
panels to suspend, or attach conditions to, a person's registration in the register pending a determination by panels of the kind mentioned in paragraph (a) or (b) (“interim orders panels”).
2
A panel established by virtue of subsection (1) must have at least 3 members, including a member appointed to chair the panel.
3
The members must be individuals.
4
A panel's membership must comprise a majority of persons who are not, and have never been, registered in any part of the register.
5
The following persons may not be members of a panel—
a
a person who is a member or a member of staff of—
i
SCW,
ii
Social Work England,
iii
the Scottish Social Services Council, or
iv
the Northern Ireland Social Care Council;
b
a prescribed person.
6
SCW must by rules make provision about—
a
the appointment of persons as panel members (including, subject to subsection (2), the number of persons who may or must be appointed);
b
the quorum for exercising functions of panels;
c
the term of office of a person as a member or to chair a panel;
d
the grounds on which a member may be suspended or removed.
7
SCW must also by rules make provision for—
a
the declaration and registration of private interests of the members of panels;
b
the publication of entries recorded in the register of members' interests.
8
SCW may by rules make other provision about the constitution and operation of panels; but any rules are subject to regulations made under section 175 (regulations about panel proceedings).
9
In particular, rules under subsection (8) may provide for—
a
the appointment of legal or other advisers;
b
the appointment of assessors or examiners;
c
categories of person who may be appointed to chair panels;
d
fees, expenses or other payments to be made by SCW to any panel member.

Proceedings before panels
175
1
The Welsh Ministers may by regulations make such provision as they think appropriate for and in connection with proceedings brought under this Act before—
a
registration appeals panels;
b
interim orders panels;
c
fitness to practise panels.
2
The regulations may authorise or require SCW to make rules about any matter relating to such proceedings.
3
Regulations under this section may not require a person to give evidence or produce a document or other material evidence which the person could not be compelled to give or produce in civil proceedings in a court in England and Wales.
4
The standard of proof applicable to the proceedings mentioned in subsection (1) is that applicable to civil proceedings.
S. 174 in force at 3.4.2017 by S.I. 2017/309, art. 2(g) (with arts. 3, 4, Sch.)
S. 175 in force at 3.4.2017 by S.I. 2017/309, art. 2(g) (with arts. 3, 4, Sch.)
Words in s. 174(5)(a)(ii) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 44(b); S.I. 2019/1436, reg. 2(s)