The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

PART 1 E+W Amendments to legislation

Amendments to the Regulation and Inspection of Social Care (Wales) Act 2016 E+W

2.  The 2016 Act is amended as follows.

Commencement Information

I1 Reg. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

3.  In section 66(1) (interpretation of Parts 3 to 8), omit the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State”, “visiting European social care manager part” and “visiting European social worker part”M1 .

Commencement Information

I2 Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 The definitions “visiting European social care manager part” and “visiting European social worker part” were inserted by S.I. 2016/1030, regulation 120(2).

4.  In section 74 (rules: fees) M2 , omit subsection (3).

Commencement Information

I3 Reg. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M2 “European social worker part or visiting European social care manager part” was substituted by S.I. 2016/1030, regulation 122.

5.  In section 80 (the register) M3 , omit subsections (1)(c) and (d), (2)(c) and (d), and (3)(c) and (d).

Commencement Information

I4 Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M3 Relevant amendments were made by S.I. 2016/1030, regulation 126(2), (3) and (4).

6.  In section 84 (“appropriately qualified”) M4 , omit paragraph (aa)(ii).

Commencement Information

I5 Reg. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M4 Relevant amendments were made by S.I. 2016/1030, regulation 128(2) and (3).

7.  In section 85 (qualifications gained outside Wales – social workers) M5 , omit subsection (1).

Commencement Information

I6 Reg. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M5 “- social workers” was inserted into the section heading by S.I. 2016/1030, regulation 130(2).

8.  Omit section 85A (qualifications gained outside Wales – social care managers) M6 .

Commencement Information

I7 Reg. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M6 Inserted by S.I. 2016/1030, regulation 132.

9.  Omit section 90 (visiting social workers from relevant European States) M7 .

Commencement Information

I8 Reg. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M7 Relevant amendments were made by S.I. 2016/1030, regulation 134.

10.  Omit section 90A (visiting social care managers from relevant European States) M8 .

Commencement Information

I9 Reg. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M8 Inserted by S.I. 2016/1030, regulation 136.

11.  Omit section 105 (other appeals: decisions made under the General Systems Regulations) M9 .

Commencement Information

I10 Reg. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M9 Relevant amendments made by S.I. 2016/1030, regulation 138.

12.  In section 113 (continuing professional development), omit subsections (3) to (5) M10 .

Commencement Information

I11 Reg. 12 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M10 Relevant amendments made by S.I. 2016/1030, regulation 140.

13.  In section 164 (meaning of “registered person” in Part 6) M11 —

(a) for “the social worker part, an added part” substitute “ the social worker part or an added part ”;

(b) omit “or the visiting European social worker part or visiting European social care manager part”.

Commencement Information

I12 Reg. 13 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M11 “European social worker part or visiting European social care manager part” was substituted by S.I. 2016/1030, regulation 142(2).

[F1 14.   In Schedule 1 (regulated services: definitions), in paragraph 7(4) (advocacy services), for paragraph (b) substitute—

“(b) a person for whom one of the following provisions has effect so as to allow that person to continue to practise as a lawyer in England and Wales and Northern Ireland, or Scotland, on or after IP completion day—

(i) regulation 5 (transitional provision: the 1978 Order and Switzerland) of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (“the 2020 Regulations”);

(ii) regulation 5 (transitional provision: the European Communities (Services of Lawyers) Order 1978 and Switzerland) of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (“the 2019 Regulations”);

(iii) regulation 6 (transitional provision: the 2000 Regulations and Swiss lawyers) of the 2020 Regulations;

(iv) regulation 7 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and Swiss lawyers) of the 2019 Regulations.”]

Textual Amendments

F1 Reg. 14 substituted (31.12.2020 immediately before IP completion day) by The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1626), regs. 1(2), 4

Commencement Information

I13 Reg. 14 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2020/1626, regs. 1(2), 3)

Consequential amendment to the Mental Health Act 1983 E+W

15.  In section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties) of the Mental Health Act 1983 M12 , omit “or the visiting European part”.

Commencement Information

I14 Reg. 15 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M12 1983 c. 20; section 130H was inserted by the Mental Health (Wales) Measure 2010 (nawm 7), section 34. Subsection (7)(b) of section 130H was amended by the 2016 Act, Schedule 3, paragraph 39.