Part IV

Social care workers

Preliminary

The Care Council for Wales
54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation.
55
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
is employed at a children's home in England, a care home in England or a residential family centre in England,
c
manages a home or centre of a kind mentioned in paragraph (b),
d
is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,
e
manages an agency of the kind mentioned in paragraph (d), or
f
is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England 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 in England's social services functions;
b
a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;
c
a person engaged in the provision of personal care for any person in England;
d
a person who 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 to persons in England;
e
a person who manages an undertaking of the kind mentioned in paragraph (d);
f
a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes
etc.
);
g
a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—
i
section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),
ii
section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or
iii
section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);
h
a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);
i
a person who manages employees mentioned in paragraph (g) or (h);
j
a person employed in a day centre in England;
k. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration

The register.
56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for registration.
57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant or refusal of registration.
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Visiting social workers from relevant European States
58A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Visiting social care managers from relevant European States
58B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal etc. from register.
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules about registration.
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of title “social worker” etc.
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Codes of practice

Codes of practice.
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Training

Approval of courses etc.
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications gained outside the Welsh Council's area– social workers
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications gained outside the Welsh Council’s area – social care managers
64A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Post registration training.
65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Visitors for certain social work courses.
66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the Secretary of State.
67
1
The Secretary of State has the function of—
a
ascertaining what training is required by persons who are or wish to become social care workers;
b
ascertaining what financial and other assistance is required for promoting such training;
c
encouraging the provision of such assistance;
d
drawing up occupational standards for social care workers.
1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Secretary of State shall encourage persons to take part in—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
...courses relevant to the training of persons who are or wish to become social care workers.
3
If it appears to the Secretary of State that adequate provision is not being made for training persons who are or wish to become social care workers, the Secretary of State may provide, or secure the provision of, courses for that purpose.
4
The Secretary of State may, upon such terms and subject to such conditions as he or she considers appropriate—
a
make grants, and pay travelling and other allowances, to persons resident in England ... in order to secure their training in the work of social care workers;
b
make grants to organisations providing training in the work of social care workers.
5
Any functions of the Secretary of State under this section—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
For the purpose of determining—
a
the terms and effect of an authorisation under subsection (5)(b) ...; and
b
the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,
Part II of the Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act and in subsection (5)(b) “employee” has the same meaning as in that Part.

Exercise by Special Health Authority of functions under s. 67(4)(a)
67A
1
The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions.
2
If the Secretary of State gives a direction under subsection (1), the National Health Service Act 2006 shall have effect as if—
a
the direction were a direction of the Secretary of State under section 7 of that Act, and
b
the functions were exercisable by the Special Health Authority under section 7.
3
Directions under subsection (1)—
a
shall be given by an instrument in writing, and
b
may be varied or revoked by subsequent directions.

Miscellaneous and supplemental

Appeals to the Tribunal.
68
1
An appeal against a decision of
the Welsh Council
under this Part in respect of registration shall lie to the Tribunal.
1A
An appeal shall lie to the Tribunal against a decision of
the Welsh Council
under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.
1B
An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social care manager in the United Kingdom.
1C
An appeal shall lie to the Tribunal against a decision of the Welsh Council under regulation 67 of the General Systems Regulations to send an alert about a person.
2
On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect
or, in the case of an appeal under subsection (1C), direct that the alert be withdrawn or amended
.
3
The Tribunal shall also have power on an appeal against a decision—
a
to vary any condition for the time being in force in respect of the person to whom the appeal relates;
b
to direct that any such condition shall cease to have effect; or
c
to direct that any such condition as it thinks fit shall have effect in respect of that person.

Publication etc. of register.
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of Central Council for Education and Training in Social Work.
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules.
71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 55 partly in force; s. 55 not in force at Royal Assent see s. 122; s. 55 in force for W. at 1.4.2001 by S.I. 2000/2992, art. 2(2), Sch. 2; s. 55 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(b); s. 55 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(d); s. 55(1)(2)(a)(4) in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2; s. 55(3)(g) in force for E. for certain purposes at 1.3.2004 by S.I. 2004/484, art. 2
S. 67 partly in force; s. 67 not in force at Royal Assent see s. 122; s. 67 in force for W. at 1.10.2001 by S.I. 2001/2538, art. 2(2)(4)(a); s. 67(1)-(4)(7) in force for E. for certain purposes and s. 67(5) in force for E. at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(c)
1994 c. 40.
S. 67A inserted (28.4.2008) by Health Act 2006 (c. 28), ss. 72 (as amended by 2006 c. 43, s. 2, Sch. 1 para. 287), 83; S.I. 2008/1147, art. 4
S. 68 partly in force; s. 68 not in force at Royal Assent see s. 122; s. 68 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 68 in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)
S. 68(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 241
S. 68 savings for effects of 2012 c. 7, Sch. 15 para. 16 (1.8.2012) by The General Social Care Council (Transfer of Register and Abolition Transitional and Saving Provision) Order of Council 2012 (S.I. 2012/1480), arts. 1(2)(b), 12(1)
S. 67(5)(a) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 15(b); S.I. 2012/1319, art. 2(4)
Words in s. 68(1)(1A) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 16; S.I. 2012/1319, art. 2(4)
S. 70 omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 18; S.I. 2012/1319, art. 2(4)
S. 68(1B)(1C) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 109(2) (with reg. 155)
Words in s. 68(2) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 109(3) (with reg. 155)
S. 54 repealed (11.7.2016 for specified purposes, 3.4.2017 in so far as not already in force) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 67(1), 188(1); S.I. 2016/713, art. 2; S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)
S. 67 heading substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(g); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Ss. 56-66 repealed (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 41(a); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 55(2)(3) substituted for s. 55(2)-(4A) (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 42(a) (as amended by S.I. 2016/1030, regs. 1, 144(3) (with reg. 155)); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 55(6)(7)(8) omitted (3.4.2017) by virtue of Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 42(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(1) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(a); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 67(2) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(3) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(c)(i); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(3) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(c)(ii); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(4) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(d)(i); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(4) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(d)(ii); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(4)(a) omitted (3.4.2017) by virtue of Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(d)(iii); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 67(6) omitted (3.4.2017) by virtue of Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(e); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(7)(a) omitted (3.4.2017) by virtue of Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(f)(i); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(7)(b) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(f)(ii); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
Words in s. 67(7) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 43(f)(iii); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 69 repealed (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 41(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 71 repealed (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 41(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
S. 55(2)(a) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 8(2) (with Sch. 5 para. 8(3)); S.I. 2019/1436, reg. 2(s)
S. 55(3)(k) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 8(4); S.I. 2019/1436, reg. 2(s)
S. 67(1A) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 9(2); S.I. 2019/1436, reg. 2(s)
S. 67(2)(a) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 9(3)(a) (with Sch. 5 para. 9(4)); S.I. 2019/1436, reg. 2(s)
Word in s. 67(2)(b) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 9(3)(b) (with Sch. 5 para. 9(4)); S.I. 2019/1436, reg. 2(s)