Care Standards Act 2000

Training E+W

63 Approval of courses etc. E+W

(1) [F1 The Welsh Council] may, in accordance with rules made by it, approve courses in relevant social work for persons who are or wish to become social workers.

(2) An approval given under this section may be either unconditional or subject to such conditions as the Council thinks fit.

(3) Rules made by virtue of this section may in particular make provision—

(a) about the content of, and methods of completing, courses;

(b) as to the provision to the Council of information about courses;

(c) as to the persons who may participate in courses, or in parts of courses specified in the rules;

(d) as to the numbers of persons who may participate in courses;

(e) for the award by the Council of certificates of the successful completion of courses;

(f) about the lapse and renewal of approvals; and

(g) about the withdrawal of approvals.

(4) [F2 The Council] may—

(a) conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 67; and

(b) carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.

(5) A course for persons who wish to become social workers shall not be approved under this section unless the Council considers that it is such as to enable persons completing it to attain the required standard of proficiency in relevant social work.

(6) In subsection (5) “the required standard of proficiency in relevant social work” means the standard described in rules made by the Council.

(7) The Council shall from time to time publish a list of the courses which are approved under this section.

Textual Amendments

F1 Words in s. 63(1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 11(a); S.I. 2012/1319, art. 2(4)

F2 Words in s. 63(4) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 11(b); S.I. 2012/1319, art. 2(4)

Modifications etc. (not altering text)

C1 S. 63(2)-(4)(a)(7) applied (1.10.2007) by 1983 c. 20, s. 114A(2) (as inserted by Mental Health Act 2007 (c. 12), ss. 19, 56; S.I. 2007/2798, art. 2)

Commencement Information

I1 S. 63 partly in force; s. 63 not in force at Royal Assent see s. 122; s. 63 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 63 in force for W. at 31.7.2001 by S.I. 2001/2538, art. 2(1)(3)(a); s. 63 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(b)(ii)

64 [F3 Qualifications gained outside the Welsh Council's area] E+W

[F4 (A1) An applicant for registration in the principal part of the register maintained by [F5 the Welsh Council] satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).]

F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An applicant for registration [F7 in the principal part of] the register maintained by the Welsh Council satisfies the requirements of this section if—

(a) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he has, elsewhere than in Wales, undergone training in relevant social work and either—

(i) that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii) it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.

(3) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 64 title substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 12(c); S.I. 2012/1319, art. 2(4)

F4 S. 64(A1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 238(a)

F5 Words in s. 64(A1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 12(a); S.I. 2012/1319, art. 2(4)

F6 S. 64(1) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 12(b); S.I. 2012/1319, art. 2(4)

F7 Words in s. 64(1)(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 238(b)(i)

F8 S. 64(1)(a)(2)(a) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 238(b)(ii)

F9 S. 64(3)-(5) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 238(c)

Commencement Information

I2 S. 64 partly in force; s. 64 not in force at Royal Assent see s. 122; s. 64(2)-(4) in force for W. for a certain purpose at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 64(1)(b) in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 64(2)-(5) otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

65 Post registration training. E+W

(1) [F10 The Welsh Council] may make rules requiring persons registered under this Part in any part of the register to undertake further training.

(2) The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by the Council, including provision for their registration to cease to have effect.

[F11 (2A) Subsections (1) and (2), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European part of the register, have effect subject to, respectively, subsections (2B) and (2C).

(2B) Rules made under subsection (1)—

(a) may not impose requirements on P if P is required to undertake, in P's home State, further training in relation to the profession of social worker; and

(b) where they impose requirements on P—

(i) shall take account of the fact that P is a fully qualified social worker in P's home State, and

(ii) shall specify that training which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(2C) Where rules make provision such as is mentioned in subsection (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P's continued lawful establishment as a social worker in P's home State.

(2D) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a social worker.]

(3) Before making, or varying, any rules by virtue of this section the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.

Textual Amendments

F10 Words in s. 65(1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 13; S.I. 2012/1319, art. 2(4)

F11 S. 65(2A)-(2D) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 239

Commencement Information

I3 S. 65 partly in force; s. 65 not in force at Royal Assent see s. 122; s. 65 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 65 in force for W. for a certain purpose at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 65 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 65 otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

66 Visitors for certain social work courses. E+W

(1) [F12 The Welsh Council] may by rules make provision for the visiting of places at which or institutions by which or under whose direction—

(a) any relevant course (or part of such a course) is, or is proposed to be, given; or

(b) any examination is, or is proposed to be, held in connection with any relevant course.

(2) The rules may make provision—

(a) for the appointment of visitors;

(b) for reports to be made by visitors on—

(i) the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at the place or by the institution visited; and

(ii) such other matters as may be specified in the rules;

(c) for the payment by the Council of fees, allowances and expenses to persons appointed as visitors;

(d) for such persons to be treated, for the purposes of Schedule 1, as members of the Council’s staff.

(3) In subsection (1) “relevant course”, in relation to [F13 the Council] , means—

(a) any course for which approval by the Council has been given, or is being sought, under section 63; or

(b) any training which a person admitted to the [F14 principal part] of the register maintained by the Council may be required to undergo after registration.

Textual Amendments

F12 Words in s. 66(1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 14(a); S.I. 2012/1319, art. 2(4)

F13 Words in s. 66(3) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 14(b); S.I. 2012/1319, art. 2(4)

F14 Words in s. 66(3)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 240

Modifications etc. (not altering text)

C2 S. 66 applied (1.10.2007) by 1983 c. 20, s. 114A(2) (as inserted by Mental Health Act 2007 (c. 12), ss. 19, 56; S.I. 2007/2798, art. 2)

Commencement Information

I4 S. 66 partly in force; s. 66 not in force at Royal Assent see s. 122; s. 66 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 66 in force for W. at 31.7.2001 by S.I. 2001/2538, art. 2(1)(3)(b); s. 66 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(b)(iii)

67 Functions of the appropriate Minister. E+W

(1) The appropriate Minister 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.

[F15 (1A) But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social Work Professions Order 2001.]

(2) The appropriate Minister shall encourage persons to take part in [F16 courses approved by the Health and Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001 for persons who are or wish to become social workers,] courses approved by [F17 the Welsh Council] under section 63 and other courses relevant to the training of persons who are or wish to become social care workers.

(3) If it appears to the appropriate Minister that adequate provision is not being made for training persons who are or wish to become social care workers, the appropriate Minister may provide, or secure the provision of, courses for that purpose.

(4) The appropriate Minister may, upon such terms and subject to such conditions as the Minister considers appropriate—

(a) make grants, and pay travelling and other allowances, to persons resident in England and Wales, 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—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.

(6) Any functions of the Assembly under this section—

(a) may be delegated by the Assembly to the Welsh Council; or

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Assembly.

(7) For the purpose of determining—

(a) the terms and effect of an authorisation under subsection (5)(b) or (6)(b); and

(b) the effect of so much of any contract made between the appropriate Minister and the authorised person as relates to the exercise of the function,

Part II of the M1 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 respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b) “employee” has the same meaning as in that Part.

Textual Amendments

F15 S. 67(1A) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 221(1), 306(4); S.I. 2012/1319, art. 2(4)

F16 Words in s. 67(2) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 221(2), 306(4); S.I. 2012/1319, art. 2(4)

F17 Words in s. 67(2) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 15(a); S.I. 2012/1319, art. 2(4)

F18 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)

Commencement Information

I5 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)

Marginal Citations

M1 1994 c. 40.

[F19 67A Exercise by Special Health Authority of functions under s. 67(4)(a) E+W

(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.]

Textual Amendments

F19 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