Regulation and Inspection of Social Care (Wales) Act 2016

165 Designation of regulated activity

(1) The Welsh Ministers may by regulations—

(a) designate an activity to which subsection (2) applies as a regulated activity for the purposes of this Part, and

(b) authorise the making of prohibition orders in respect of the regulated activity.

(2) The activities to which this subsection applies are—

(a) practising as a social care worker of a prescribed description;

(b) carrying out a prescribed activity as a social care worker;

(c) the use by an individual of a prescribed title relating to an activity within paragraph (a) or (b).

(3) In subsection (2) references to “social care worker” do not include a reference to—

(a) a social worker, or

(b) a social care worker of a description specified for the time being by regulations under section 80(1)(b) (descriptions of social care worker in respect of whom SCW keeps an added part of the register).

(4) In this Part “prohibition order” means an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity.

(5) Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate.

(6) But the requirement to consult does not apply to regulations which—

(a) amend other regulations made under this section, and

(b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.