Regulation and Inspection of Social Care (Wales) Act 2016

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

174 Duty 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.

175 Proceedings before panels

(1) The Welsh Ministers may by regulations make such provision as they think appropriate for and in connection with proceedings brought under this Act before—

(a) registration appeals panels;

(b) interim orders panels;

(c) fitness to practise panels.

(2) The regulations may authorise or require SCW to make rules about any matter relating to such proceedings.

(3) Regulations under this section may not require a person to give evidence or produce a document or other material evidence which the person could not be compelled to give or produce in civil proceedings in a court in England and Wales.

(4) The standard of proof applicable to the proceedings mentioned in subsection (1) is that applicable to civil proceedings.