PART 1Amendments to legislation

Amendments to the Regulation and Inspection of Social Care (Wales) Act 20162.

The 2016 Act is amended as follows.

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.

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

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”.

F114.

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 198315.

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”.