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Regulation and Inspection of Social Care (Wales) Act 2016

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This is the original version (as it was originally enacted).

117Fitness to practise

This section has no associated Explanatory Notes

(1)A person’s fitness to practise may be regarded as impaired for the purposes of this Part and Part 4 by reason only of one or more of the following grounds—

(a)deficient performance as a social care worker;

(b)serious misconduct (whether as a social care worker or otherwise);

(c)the inclusion of the person in a barred list;

(d)a determination by a relevant body to the effect that the person’s fitness to practise is impaired;

(e)adverse physical or mental health;

(f)a conviction or caution in the United Kingdom for a criminal offence, or a conviction or caution elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence.

(2)For the purposes of subsection (1)(a) “deficient performance as a social care worker” may include—

(a)an instance of negligence,

(b)a breach of an undertaking agreed with SCW under this Act, and

(c)a breach of an undertaking agreed with a fitness to practise panel under this Act.

(3)In subsection (1)(c) “barred list” means—

(a)a list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47);

(b)a list kept under section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);

(c)a list maintained under article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351).

(4)In subsection (1)(d) “relevant body” means—

(a)the Health and Care Professions Council;

(b)the Nursing and Midwifery Council;

(c)the Scottish Social Services Council;

(d)the Northern Ireland Social Care Council;

(e)a body outside of the United Kingdom which is responsible for the regulation of activities which would, in Wales, be regulated by SCW;

(f)a prescribed body.

(5)A person’s fitness to practise may be regarded as impaired by reason of matters arising or incidents occurring—

(a)whether inside or outside of Wales;

(b)whether or not the person was registered on the register at the time;

(c)whether before or after this section comes into force.

(6)The Welsh Ministers may by regulations amend subsection (1) for the purpose of adding, modifying or removing a ground of impairment.

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