PART 1Amendments to legislation

Amendments to the Regulation and Inspection of Social Care (Wales) Act 2016I12

The 2016 Act is amended as follows.

I23

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.

I34

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

I45

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

I56

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

I67

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

I78

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

I89

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

I910

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

I1011

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

I1112

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

I1213

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”.

I14F114

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.

Consequential amendment to the Mental Health Act 1983I1315

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”.