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Version Superseded: 03/04/2017
Point in time view as at 18/11/2016.
Care Standards Act 2000, Cross Heading: Training is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)[F1The 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)[F2The 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
F1Words 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)
F2Words 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)
C1S. 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
I1S. 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)
[F5(A1)An applicant for registration in the principal part of the register maintained by [F6the 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).]
F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)An applicant for registration [F8 in the principal part of] the register maintained by the Welsh Council satisfies the requirements of this section if—
(a)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 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)
F4Words in s. 64 heading inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 106(2) (with reg. 155)
F5S. 64(A1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 238(a)
F6Words 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)
F7S. 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)
F8Words 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)
F9S. 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)
F10S. 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
I2S. 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)
An applicant for registration as a social care manager in an added part of the register 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 care manager 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).]
Textual Amendments
(1)[F12The 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.
[F13(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 [F14social worker part of the register, or as a social care manager only in the visiting European social care manager part of the register,] have effect subject to F15... 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 [F16or social care manager] ; and
(b)where they impose requirements on P—
(i)shall take account of the fact that P is a fully qualified social worker [F16or social care manager] 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 [F17or social care manager] 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 [F18or social care manager].]
(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
F12Words 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)
F13S. 65(2A)-(2D) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 239
F14Words in s. 65(2A) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 108(2)(a) (with reg. 155)
F15Word in s. 65(2A) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 108(2)(b) (with reg. 155)
F16Words in s. 65(2B) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 108(3) (with reg. 155)
F17Words in s. 65(2C) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 108(4) (with reg. 155)
F18Words in s. 65(2D) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 108(5) (with reg. 155)
Commencement Information
I3S. 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)
(1)[F19The 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 [F20the 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 [F21principal part] of the register maintained by the Council may be required to undergo after registration.
Textual Amendments
F19Words 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)
F20Words 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)
F21Words 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)
C2S. 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
I4S. 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)
(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.
[F22(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 [F23courses 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 [F24the 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—
F25(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 M1Deregulation 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
F22S. 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)
F23Words 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)
F24Words 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)
F25S. 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
I5S. 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
(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
F26S. 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
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