PART 8SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC.

174Duty to establish panels etc.

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

the Health and Care Professions Council,

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.