(a) courses of education or training for people who are or who wish to
become social workers in England;

(b) qualifications for people who are or who wish to become social workers
in England.

(4) 5The regulations may make provision in connection with the approval scheme.

(5) For example, the regulations may make provision about—

(a) the criteria for approval or continued approval;

(b) the procedure for approval or renewal of approval;

(c) duties to provide information to the regulator;

(d) 10inspections in connection with the approval or continued approval of
courses or qualifications (including provision for the appointment of
people to carry out inspections);

(e) appeals against decisions in connection with approval;

(f) the publication of the scheme.

(6) 15The provision that may be made under the regulations about the appointment
of people to carry out inspections includes provision about—

(a) payments to be made to those appointed;

(b) staff, facilities or other assistance.

50 Discipline and fitness to practise

(1) 20The regulator must—

(a) make arrangements for protecting the public from social workers in
England whose fitness to practise is impaired, and

(b) make arrangements for taking other disciplinary action against social
workers in England.

(2) 25The Secretary of State may by regulations require the regulator to make
arrangements for taking disciplinary action against registered students.

(3) The Secretary of State may by regulations make further provision about—

(a) fitness to practise as a social worker in England,

(b) discipline of social workers in England or registered students, and

(c) 30the arrangements to be made under subsection (1) or (2).

(4) For example, the regulations may make provision about—

(a) the person by whom decisions about discipline or fitness to practise are
to be taken on behalf of the regulator;

(b) the appointment of assessors, examiners or legal or other advisers;

(c) 35the circumstances in which disciplinary action may be taken or the
circumstances in which a person’s fitness to practise is impaired;

(d) the procedure for considering, investigating or determining
disciplinary matters or fitness to practise (including standard of proof);

(e) powers to obtain information;

(f) 40temporary measures that may be taken against a person pending the
outcome of an investigation;

(g) sanctions;

(h) appeals against decisions;

(i) publication of decisions.

(5) The provision that may be made about persons appointed under the
regulations includes provision about—

(a) payments to those persons;

(b) staff, facilities or other assistance.

51 5Offences

(1) The Secretary of State may by regulations create offences in connection with—

(a) registration in a register mentioned in section 45;

(b) prohibitions or restrictions imposed under section 46 (restrictions on
practice and protected titles);

(c) 10failing to comply with a requirement to provide documents or other
information or to attend and give evidence under regulations under
section 45 or 50;

(d) providing false or misleading information or evidence in response to a
requirement under regulations under section 45 or 50.

(2) 15The regulations—

(a) must provide for the offence to be triable summarily only, and

(b) may not provide for the offence to be punishable with imprisonment.

Approval of courses in relation to mental health social work

52 Approval of courses for approved mental health professionals

(1) 20The Secretary of State may by regulations amend section 114ZA of the Mental
Health Act 1983 (approval of courses for approved mental health professionals
in England) for the purposes of—

(a) transferring the functions of the Health and Care Professions Council
under that section to the regulator;

(b) 25giving the regulator power to charge fees for approving courses under
that section.

(2) The regulations may include further provision in connection with the approval
of courses or charging of fees by the regulator under that section.

(3) For example, the regulations may—

(a) 30authorise the regulator to arrange for another person to exercise
functions on the regulator’s behalf;

(b) make provision about the setting of criteria for the approval or
continued approval of courses;

(c) make provision about inspections in connection with the approval or
35continued approval of courses (including provision for the
appointment of people to carry out inspections);

(d) make provision about the procedure for approval or renewal of
approval;

(e) make provision about duties to provide information;

(f) 40make provision about appeals against decisions in connection with
approval;

(g) make provision limiting the regulator’s power to approve courses run
outside the United Kingdom to those run by institutions approved by

the regulator or approved by a person with whom the regulator has
made arrangements.

(4) The provision that may be made under the regulations about the appointment
of people to carry out inspections includes provision about—

(a) 5payments to be made to those appointed;

(b) staff, facilities or other assistance.

(5) If the regulations give the regulator power to charge fees, section 54(2) to (7)
apply for the purposes of this section as they apply for the purposes of that
section.

53 10Approval of courses for best interests assessors

(1) Paragraph 130 of Schedule A1 to the Mental Capacity Act 2005 (assessments in
connection with deprivation of liberty: regulations about selection, and
eligibility, of persons to carry out assessments) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) 15In relation to England—

(a) the provision that the regulations may make in relation to a
person’s training in connection with best interests
assessments includes provision for particular training to be
specified by Social Work England or the Secretary of State
20otherwise than in the regulations;

(b) the provision that the regulations may make in relation to a
person’s training in connection with other assessments
includes provision for particular training to be specified by
the Secretary of State otherwise than in the regulations.

(2B) 25The regulations may give Social Work England power to charge fees
for specifying any training as mentioned in sub-paragraph (2A)(a).

(2C) If the regulations give Social Work England power to charge fees,
section 54(2) to (7) of the Children and Social Work Act 2017 apply
for the purposes of sub-paragraph (2B) as they apply for the
30purposes of that section.””

(3) In sub-paragraph (3)—

(a) at the beginning insert “In relation to Wales”;

(b) for “the appropriate authority” substitute “the Welsh Ministers”.

(4) Omit sub-paragraph (4).

35Fees and grants

54 Fees

(1) The Secretary of State may by regulations confer power on the regulator to
charge fees in connection with—

(a) registration or continued registration in a register mentioned in
40section 45;

(b) assessing whether a person meets a professional standard relating to
proficiency as mentioned in section 47(4);

(c) approval or continued approval in accordance with a scheme
mentioned in section 49.

(2) The regulator is responsible for setting the level of fees in accordance with any
provision made by the regulations.

(3) 5Before determining the level of any fee the regulator must—

(a) consult any persons they consider appropriate, and

(b) obtain the approval of the Secretary of State.

(4) The regulations may authorise fees to be set at a level that exceeds the cost of
the things in respect of which they are charged.

(5) 10But the regulations must require the level of any fees to be set with a view to
ensuring that, so far as possible, the regulator’s fee income does not exceed its
expenses (taking one year with another).

(6) Regulations under this section may include provision about the collection and
recovery of fees.

(7) 15The regulations must require the regulator to pay any fee income to the
Secretary of State unless the Secretary of State, with the consent of the
Treasury, directs otherwise.

55 Grants

(1) The Secretary of State may make grants to the regulator.

(2) 20A grant under this section may be made subject to any conditions the Secretary
of State thinks are appropriate.

Information and co-operation

56 Information and advice

(1) The regulator may publish or disclose information about any matter relating to
25its functions or give advice about any matter relating to its functions.

(2) The Secretary of State may by regulations —

(a) make provision requiring the regulator to publish or disclose
information, or give advice, under subsection (1);

(b) make other provision supplementing subsection (1).

57 30Duty to co-operate

(1) The regulator must where appropriate co-operate with the following in the
exercise of its functions—

(a) Social Care Wales,

(b) the Scottish Social Services Council,

(c) 35the Northern Ireland Social Care Council, and

(d) any other person specified in regulations made by the Secretary of
State.

(2) Until section 67(3) of the Regulation and Inspection of Social Care (Wales) Act
2016 (anaw 2) comes fully into force, the reference in subsection (1)(a) to Social
40Care Wales is to be read as a reference to the Care Council for Wales.

Oversight

58 Information for Secretary of State

The regulator must provide any information that the Secretary of State
requests in relation to the exercise of the regulator’s functions.

59 5Default powers

(1) The Secretary of State may give the regulator a remedial direction if the
regulator—

(a) has defaulted in performing any functions and has not remedied the
default, or

(b) 10is likely to default in performing any function.

(2) The Secretary of State may by regulations make further provision about
remedial directions and their enforcement.

(3) For example, the regulations may make provision about—

(a) the procedure for determining whether the regulator has defaulted or
15is likely to default;

(b) the procedure for giving remedial directions;

(c) the steps that the Secretary of State may take if the regulator fails to
comply with a remedial direction (which may include doing anything
that the regulator can do);

(d) 20the payment by the regulator of any expenses incurred by the Secretary
of State (including expenses incurred in making payments to anyone
acting on the Secretary of State’s behalf).

60 Oversight by the Professional Standards Authority for Health and Social Care

Schedule 4 contains amendments to give the Professional Standards Authority
25for Health and Social Care functions to oversee the regulator.

Regulations under Part 2

61 Conferral of functions and sub-delegation

(1) Regulations under this Part may be used to confer functions on the regulator
or a Minister of the Crown.

(2) 30Regulations under this Part may confer discretions on the regulator or a
Minister of the Crown.

(3) Regulations under this Part may—

(a) confer power on the regulator to make rules;

(b) make provision in connection with the procedure for making those
35rules (including provision requiring the regulator to obtain the
Secretary of State’s approval before making rules of a specified
description).

(4) The provision that may be made in regulations under this Part by virtue of
section 70 includes, in particular, provision amending, repealing or revoking

any provision made by or under an Act or any other instrument or document
(whenever passed or made).

62 Consultation

(1) Before making regulations under this Part the Secretary of State must carry out
5a public consultation.

(2) Where the Secretary of State lays a draft of an instrument containing
regulations under this Part before Parliament, it must be accompanied by a
report by the Secretary of State about the consultation.

(3) The duties imposed by subsections (1) and (2) do not apply to regulations
10under section 42 (renaming of Social Work England).

(4) The duties imposed by subsections (1) and (2) do not apply where the
regulations amend other regulations and, in the opinion of the Secretary of
State, they do not make any substantial change.

63 Parliamentary procedure for regulations under Part

152

(1) Regulations under section 42 (renaming of Social Work England) are subject to
the negative resolution procedure.

(2) Any other regulations under this Part are subject to the affirmative resolution
procedure.

20Transfer scheme and repeal of existing powers to regulate

64 Transfer scheme

(1) The Secretary of State may make a scheme for the transfer of property, rights
and liabilities from the Health and Care Professions Council (the “old
regulator”) to Social Work England.

(2) 25The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of
the scheme.

(3) A transfer scheme may make consequential, supplementary, incidental or
30transitional provision and may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred;

(b) make provision about the continuing effect of things done by the old
regulator in respect of anything transferred;

(c) 35make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to the old regulator in respect of anything transferred;

(d) make provision for references to the old regulator in an instrument or
other document in respect of anything transferred to be treated as
40references to the transferee;

(e) make provision for the shared ownership or use of property;

(f) if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.

(4) A transfer scheme may provide—

(a) for modification by agreement;

(b) for modifications to have effect from the date when the original scheme
came into effect.

(5) 5In subsection (3)(f), “TUPE regulations” means the Transfer of Undertakings
(Protection of Employment) Regulations 2006 (SI 2006/246SI 2006/246).

(6) In this section—

(a) references to rights and liabilities include rights and liabilities relating
to a contract of employment;

(b) 10references to the transfer of property include the grant of a lease.

65 Repeal of existing powers to regulate social workers

(1) The Health Act 1999 is amended as follows.

(2) In section 60 (regulation of health professions, social workers, other care
workers etc)—

(a) 15in subsection (1), omit paragraphs (ba) and (bb);

(b) in subsection (2), in paragraphs (c) and (d), omit “(other than the social
work profession in England)”;

(c) omit subsection (2ZA);

(d) in subsection (2ZC), omit paragraph (o);

(e) 20after subsection (2ZE) insert—

“(2ZEA) In subsection (2ZC) “social work in England” means social work
which is required in connection with any health, education or
social services provided in England.”;”

(f) in the heading for “, social workers, other care” substitute “and social
25care”.

(3) In section 60A (standards of proof in fitness to practise proceedings)—

(a) in subsection (2A), omit paragraph (b);

(b) in subsection (3), omit “or the social work profession in England
(within the meaning given in section 60(2ZA)”.

30Interpretation

66 Interpretation of Part

2

In this Part—

• “approved mental health professional” has the meaning given by section
  35114 of the Mental Health Act 1983;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• “professional standards” includes standards relating to—

  (a)

  proficiency;

  (b)

  40performance;

  (c)

  conduct and ethics;

  (d)

  continuing professional training and development;

• “register” means a register mentioned in section 45(1) or (2) (and related
  expressions are to be read accordingly);

Children and Social Work BillPage 37

• “register of students” means a register mentioned in section 45(2) (and
  related expressions are to be read accordingly);

• “registered student” means a person registered as someone who is
  undertaking education or training in England to become a social
  5worker;

• “the regulator” has the meaning given by section 42;

• “social work in England” means social work which is required in
  connection with any health, education, or social services provided in
  England;

• 10“social worker in England” means a person who engages in social work in
  England.

Review

67 Review by independent person

(1) The Secretary of State must commission an independent person to—

(a) 15review the operation of this Part during the review period, and

(b) send a report to the Secretary of State on the findings of the review.

(2) In carrying out the review the independent person must consult
representatives of social workers in England and anyone else that the person
considers appropriate.

(3) 20On receiving the report the Secretary of State must lay it before Parliament.

(4) The Secretary of State must also lay before Parliament a response to the report.

(5) The review period is 5 years beginning with the day on which section 45(1)
comes fully into force.

Part 3 25General

68 Power to make transitional provision

The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act.

69 30Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential
on any provision made by this Act.

(2) Regulations under this section may amend, repeal or revoke any provision
made by or under an Act passed before this Act or in the same Session.

(3) 35Regulations under this section that repeal or amend a provision of an Act are
subject to the affirmative resolution procedure.

(4) Any other regulations under this section are subject to the negative resolution
procedure.

70 Regulations: general

(1) Regulations under this Act are to be made by statutory instrument.

(2) Regulations under this Act may make—

(a) consequential, supplementary, incidental, transitional or saving
5provision;

(b) different provision for different purposes.

(3) This section does not apply to regulations under section 73.

71 Affirmative and negative resolution procedures

(1) Where regulations under this Act are subject to “the negative resolution
10procedure” the statutory instrument containing the regulations is subject to
annulment in pursuance of a resolution of either House of Parliament.

(2) Where regulations under this Act are subject to “the affirmative resolution
procedure” the regulations may not be made unless a draft of the statutory
instrument containing them has been laid before Parliament and approved by
15a resolution of each House of Parliament.

(3) Any provision that may be included in an instrument under this Act subject to
the negative resolution procedure may be made by regulations subject to the
affirmative resolution procedure.

72 Extent

(1) 20Section 10 and paragraphs 2, 4, 5 and 14 of Schedule 1 extend to England and
Wales and Scotland.

(2) Except as mentioned in subsection (1), any amendment or repeal made by this
Act has the same extent as the provision amended or repealed.

(3) Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales
25only.

(4) This Part extends to England and Wales, Scotland and Northern Ireland.

73 Commencement

(1) The following come into force on the day on which this Act is passed—

(a) section 10 and Schedule 1;

(b) 30this Part.

(2) The other provisions of this Act come into force on such day as the Secretary of
State may by regulations made by statutory instrument appoint.

(3) Different days may be appointed for different purposes.

74 Short title

(1) 35This Act may be cited as the Children and Social Work Act 2017.

SCHEDULES

Section 10

SCHEDULE 1 Placing children in secure accommodation elsewhere in Great Britain

Children Act 1989

1 5The Children Act 1989 is amended as follows.

2 (1) Section 25 (use of accommodation in England for restricting liberty of
children looked after by English and Welsh local authorities)—

(a) is to extend also to Scotland, and

(b) is amended as follows.

(2) 10In subsection (1)—

(a) for “or local authority in Wales” substitute “in England or Wales”;

(b) after “accommodation in England” insert “or Scotland”;

(3) In subsection (2)—

(a) in paragraphs (a)(i) and (ii) and (b), after “secure accommodation in
15England” insert “or Scotland”;

(b) in paragraph (c), for “or local authorities in Wales” substitute “in
England or Wales”;

(4) After subsection (5) insert—

“(5A) Where a local authority in England or Wales are authorised under
20this section to keep a child in secure accommodation in Scotland, the
person in charge of the accommodation may restrict the child’s
liberty to the extent that the person considers appropriate, having
regard to the terms of any order made by a court under this section.””

(5) In subsection (7)—

(a) 25in paragraph (c), after “secure accommodation in England” insert “or
Scotland”;

(b) after that paragraph, insert—

“(d) a child may only be placed in secure accommodation
that is of a description specified in the regulations
30(and the description may in particular be framed by
reference to whether the accommodation, or the
person providing it, has been approved by the
Secretary of State or the Scottish Ministers).””

(6) After subsection (8) insert—

“(8A) 35Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland)
Act 2011 (asp 1)2011 (asp 1) (enforcement and absconding) apply in relation to