The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017

The title of these Regulations is the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017.

These Regulations come into force on 3 April 2017.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975^f1 is amended as follows.

In articles 3(1)(i) and 4(1)(k)—

In Schedule 3 (excepted proceedings), in paragraph 18 for “Part IV of the Care Standards Act 2000” substitute “Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Representation of the People (England and Wales) Regulations 2001^f1 are amended as follows.

In regulation 53 (additional requirements for applications for a proxy vote), in paragraph (2)(n) for “section 56 of the Care Standards Act 2000” substitute “section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Police Act 1997 (Criminal Records) Regulations 2002^f1 are amended as follows.

In regulation 5C (work with children), in paragraph (k) for “Part IV of the Care Standards Act 2000” substitute “Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Care Homes (Wales) Regulations 2002^f1 are amended as follows.

In regulation 9 (fitness of registered manager), in paragraph (6) for “the Care Council for Wales” substitute “Social Care Wales”.

In Schedule 2 (information and documents to be available in respect of persons carrying on, managing, or working at, care homes), in paragraph 5A for “the Care Council for Wales” substitute “Social Care Wales”.

The Children’s Homes (Wales) Regulations 2002^f1 are amended as follows.

In the English text, in each of the provisions mentioned in paragraph (3) for “the Care Council for Wales” substitute “Social Care Wales”.

The provisions are—

In the Welsh text—

The Registration of Social Care and Independent Health Care (Wales) Regulations 2002^f1 are amended as follows.

In each of the provisions mentioned in paragraph (3) for “the Care Council for Wales” substitute “Social Care Wales”.

The provisions are—

The Welsh Language (Public Bodies) Order 2002^f1 is amended as follows.

In the table in the Schedule, for the entry “Care Council for Wales” substitute “Social Care Wales”.

The Local Authorities (Goods and Services) (Public Bodies) (Wales) Order 2002^f1 is amended as follows.

In the Schedule (public bodies), for “The Care Council for Wales” substitute “Social Care Wales”.

The Domiciliary Care Agencies (Wales) Regulations 2004^f1 are amended as follows.

In each of the provisions mentioned in paragraph (3) for “the Care Council for Wales” substitute “Social Care Wales”.

The provisions are—

The Adoption Agencies Regulations 2005^f1 are amended as follows.

In each of the provisions mentioned in paragraph (3) for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The provisions are—

The Adoption Agencies (Wales) Regulations 2005^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “social worker” for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

In regulation 38(2) (independent reviewing officers) for “the Care Council for Wales” substitute “Social Care Wales”.

The Local Authority (Adoption) (Miscellaneous Provisions) Regulations 2005^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “social worker”—

The National Assembly for Wales (Representation of the People) Order 2007^f1 is amended as follows.

In Schedule 1 (absent voting at Assembly elections), in paragraph 4 (additional requirements for applications on grounds of severe sight-impairment or other disability), in sub-paragraph (2)(n) for “section 56 of the Care Standards Act 2000” substitute “section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Review of Children’s Cases (Wales) Regulations 2007^f1 are amended as follows.

In regulation 3 (independent reviewing officers)—

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardians Regulations 2007^f1 are amended as follows.

In regulation 8 (persons who may provide an LPA certificate), in paragraph (4), in the definition of “registered social worker” for “the Care Council for Wales” substitute “Social Care Wales”.

The Local Authority Adoption Service (Wales) Regulations 2007^f1 are amended as follows.

In regulation 2(1) (interpretation), for the definition of “social worker” substitute—

• ““social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker—

  1. (a)

     in the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016; or

  2. (b)

     in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001;”.

The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008^f1 are amended as follows.

In regulation 2 (interpretation)—

In regulation 3(3) (granting approval) for “the Care Council for Wales” substitute “Social Care Wales”.

The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008^f1 are amended as follows.

In regulation 2 (interpretation)—

In each of the provisions mentioned in paragraph (4) for “the Care Council for Wales” substitute “Social Care Wales”.

The provisions are—

The Independent Review of Determinations (Adoption and Fostering) Regulations 2009^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “social worker” for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009^f1 are amended as follows.

In regulation 2(1) (interpretation)—

In regulation 5(1)(b) (eligibility to carry out best interests assessments) for “the Care Council for Wales” substitute “Social Care Wales”.

The Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “social worker” for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Care Planning, Placement and Case Review (England) Regulations 2010^f1 are amended as follows.

In regulation 46 (qualifications and experience for independent reviewing officers), in paragraph (1) for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Fostering Services (England) Regulations 2011^f1 are amended as follows.

In regulation 23 (constitution and membership of fostering panel), in paragraph (10)(b) for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011^f1 are amended as follows.

In regulation 18 (reviews of children’s cases), in paragraph (2) for “the Care Council for Wales under section 56 of the Care Standards Act 2000” substitute “Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

The Education (Student Support) Regulations 2011^f1 are amended as follows.

In regulation 159 (eligible postgraduate students)—

The Mental Health Care Co-ordination and Care Treatment Planning (Wales) Regulations 2011^f1 are amended as follows.

In Schedule 1 (professional requirements), in paragraph 1(a) for “the Care Council for Wales” substitute “Social Care Wales”.

The Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012^f1 are amended as follows.

In the Schedule (professional requirements), in paragraph 1(a) for “the Care Council for Wales” substitute “Social Care Wales”.

The Police and Crime Commissioner Elections Order 2012^f1 is amended as follows.

In Schedule 2 (absent voting in PCC elections), in paragraph 15—

The Contracting Out (Local Authorities Social Services Functions) (England) Order 2014^f1 is amended as follows.

In regulation 2 (interpretation), in the definition of “registered social worker” for paragraph (b) substitute—

“(b)

in a register maintained by Social Care Wales under section 80 (the register) of the Regulation and Inspection of Social Care (Wales) Act 2016,”.

The Education (Student Support) (Wales) Regulations 2015^f1 are amended as follows.

In regulation 115 (eligible postgraduate students)—

The Care Quality Commission (Membership) Regulations 2015^f1 are amended as follows.

In the Schedule (grounds for disqualification), in paragraph 29 for sub-paragraph (a) substitute—

“(a)

in Wales, a register maintained under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016;”.

The National Assembly for Wales (Disqualification) Order 2015^f1 is amended as follows.

In the Schedule (offices disqualifying holders from membership of the National Assembly for Wales), in the table—

The Care Planning, Placement and Case Review (Wales) Regulations 2015^f1 are amended as follows.

In regulation 54(1) (qualifications and experience of independent reviewing officers) for “the Care Council for Wales” substitute “Social Care Wales”.