The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 3, Savings and Transitional Provisions) Order 2017

Approval of standards, courses, etc.

13.—(1) The required standard of proficiency in relevant social work(1) described immediately before 3 April 2017 in rules made by the CCW under section 63 of the Care Standards Act 2000 (approval of courses etc.) has effect on or after that day as if it had been established under section 114 of the Act (approval of courses etc.) as being the standard of proficiency required to be admitted to the SCW register.

(2) On or after 3 April 2017 the following are to be treated as an approved qualification for the purposes of section 84 of the Act (“appropriately qualified”)—

(a) the successful completion of a course in relevant social work which was immediately before 3 April 2017 approved by the CCW by virtue of section 63 of the Care Standards Act 2000;

(b) the satisfaction of requirements as to training imposed before 3 April 2017 by virtue of section 58(2)(a)(iii) of the Care Standards Act 2000 (which relates to a condition for the grant of registration under that Act as a social worker);

(c) the satisfaction of requirements as to training imposed before 3 April 2017 by virtue of section 58(2)(b) of the Care Standards Act 2000 (which relates to training requirements for the grant of registration under that Act, for persons other than social workers, as a social care worker).

(3) Sub-paragraph (2)(a) also applies to courses treated immediately before 3 April 2017 as approved by the CCW by virtue of article 5(2)(a) of the Central Council for Education and Training in Social Work (Transfer Scheme) Order 2001(2) as it applies to courses approved by the CCW by virtue of section 63 of the Care Standards Act 2000.

(4) An adaption period or aptitude test required of an applicant by the CCW before 3 April 2017 by virtue of section 64(A1) of the Care Standards Act 2000 (qualifications gained outside the Welsh Council area, where the applicant is an exempt person under the General Systems Regulations)(3) is to be treated on or after that day as being required by virtue of section 85 of the Act (qualifications gained outside Wales).

(5) The successful completion of training in relevant social work which was immediately before 3 April 2017 recognised by the CCW as being of a standard sufficient for registration in the principal part of the CCW register for the purposes of section 64(2)(b)(i) of the Care Standards Act 2000(4) (qualifications gained outside the Welsh Council’s area) is to be treated on or after 3 April 2017 as a qualification as to which SCW are satisfied for the purposes of section 85(2)(b)(i) of the Act.

(6) The successful completion of additional training required before 3 April 2017 by the CCW under section 64(2)(b)(ii) of the Care Standards Act 2000 (additional training required when the CCW not satisfied as to standard of training) is to be treated on or after that day as additional training which satisfies SCW for the purposes of section 85(2)(b)(ii) of the Act.

(7) Further training which was immediately before 3 April 2017 required by the CCW by virtue of section 65 of the Care Standards Act 2000(5) (post-registration training) is to be treated on or after that day as if it were—

(a) continuing professional development specified by SCW by virtue of section 113(1) of the Act (continuing professional development), unless the training related to an approved mental health professional, or

(b) a course approved by SCW by virtue of section 114A of the Mental Health Act 1983 (approval of courses: Wales)(6), in the case of an approved mental health professional.

(8) Nothing in this paragraph prevents the exercise by SCW on or after 3 April 2017 of its powers under the Act in relation to any standard, qualification, course, training or continuing professional development mentioned in this paragraph.

(1)

See section 63(3) of the 2000 Act.

(2)

S.I. 2001/2561.Article 5(2)(a) treats as approved by the CCW (and other bodies) certain courses previously approved by the Central Council for Education and Training in Social Work until such time as the CCW etc. determines that such courses are not recognised by it.

(3)

See section 55(6) of the 2000 Act and section 90(8) of the Act for the definition of the “General Systems Regulations”.

(4)

The heading to section 64 of the 2000 Act was substituted by the Health and Social Care Act 2012 (c. 7), Schedule 15, paragraph 12(c) and by the European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), Part 7(1), regulation 106(2). Subsection (A1) was added by the European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), Part 18, regulation 238(a).

(5)

Section 65 was amended by S.I. 2007/3101.

(6)

1983 c. 20, section 114A was inserted by section 19 of the Mental Health Act 2007 (c. 12), it is also amended by the Health and Social Care Act 2012, section 217, and by section 185 of and Part 2 of Schedule 3 to the Act.