Care Standards Act 2000

Preliminary

54 Care Councils

(1) There shall be—

(a) a body corporate to be known as the General Social Care Council (referred to in this Act as “the English Council”); and

(b) a body corporate to be known as the Care Council for Wales or Cyngor Gofal Cymru (referred to in this Act as “the Welsh Council”),

which shall have the functions conferred on them by or under this Act or any other enactment.

(2) It shall be the duty of the English Council to promote in relation to England—

(a) high standards of conduct and practice among social care workers; and

(b) high standards in their training.

(3) It shall be the duty of the Welsh Council to promote in relation to Wales—

(a) high standards of conduct and practice among social care workers; and

(b) high standards in their training.

(4) Each Council shall, in the exercise of its functions, act—

(a) in accordance with any directions given to it by the appropriate Minister; and

(b) under the general guidance of the appropriate Minister.

(5) Directions under subsection (4) shall be given in writing.

(6) Schedule 1 shall have effect with respect to a Council.

(7) In this Act, references to a Council are—

(a) in relation to England, a reference to the General Social Care Council,

(b) in relation to Wales, a reference to the Care Council for Wales.

55 Interpretation

(1) This section has effect for the purposes of this Part.

(2) “Social care worker” means a person (other than a person excepted by regulations) who—

(a) engages in relevant social work (referred to in this Part as a “social worker”);

(b) is employed at a children’s home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency or a voluntary adoption agency;

(c) manages an establishment, or an agency, of a description mentioned in paragraph (b); or

(d) is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a) a person engaged in work for the purposes of a local authority’s social services functions, or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;

(b) a person engaged in the provision of personal care for any person;

(c) a person who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;

(d) a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children’s homes etc.);

(e) staff of the Commission or the Assembly who—

(i) inspect premises under section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges) or section 31 or 45 of this Act; or

(ii) are responsible for persons who do so;

and staff of the Assembly who inspect premises under section 79T of that Act (inspection of child minding and day care in Wales) or are responsible for persons who do so;

(f) a person employed in a day centre;

(g) a person participating in a course approved by a Council under section 63 for persons wishing to become social workers.

(4) “Relevant social work” means social work which is required in connection with any health, education or social services provided by any person.

(5) “Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).