Children and Social Work Bill (HL Bill 1)

Children and Social Work BillPage 20

(5) In subsection (4)(f), “TUPE regulations” means the Transfer of Undertakings
(Protection of Employment) Regulations 2006 (SI 2006/246SI).

(6) In this section—

(a) references to rights and liabilities include rights and liabilities relating
5to a contract of employment;

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

Fees and funding

32 Fees

(1) Social worker regulations may confer power on the regulator to charge fees in
10connection with—

(a) registration or continued registration in a register mentioned in
section 22;

(b) assessing whether a person meets a professional standard relating to
proficiency as mentioned in section 24(2);

(c) 15accreditation or continued accreditation in accordance with a scheme
mentioned in section 25.

(2) Where social worker regulations appoint a person other than the Secretary of
State as the regulator, they must require the regulator to pay any fee income to
the Secretary of State unless the Secretary of State directs otherwise.

(3) 20The regulations may include provision about —

(a) the setting of fees (including provision imposing constraints on how
they are set);

(b) the collection and recovery of fees.

(4) The regulations may authorise fees to be set at a level that exceeds the cost of
25the things in respect of which they are charged.

(5) But the regulations must require whoever is setting the fees to do so 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).

33 Grants

30Social worker regulations may confer power on the Secretary of State to make
grants to the regulator (in cases where the Secretary of State is not the
regulator).

Supplementary content

34 Offences

(1) 35The power to make social worker regulations may be used to create offences in
connection with—

(a) registration in a register mentioned in section 22;

(b) prohibitions or restrictions imposed under section 23 (restrictions on
practice and protected titles);

(c) 40failing to comply with a requirement to provide documents or other
information or to attend and give evidence under the regulations;

Children and Social Work BillPage 21

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

(2) If social worker regulations create an offence, the regulations—

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

(b) 5may not provide for the offence to be punishable with imprisonment.

35 Conferral of functions and sub-delegation etc

(1) Social worker regulations may be used to confer functions on the regulator or
a Minister of the Crown.

(2) Social worker regulations may confer discretions on the regulator or a Minister
10of the Crown or make provision for the delegation of functions conferred by
the regulations (including functions that involve exercising a discretion).

(3) Social worker regulations may confer powers to make, confirm or approve
subordinate legislation.

(4) The provision that may be made in social worker regulations by virtue of
15section 43 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).

Consultation

36 Consultation about social worker regulations

(1) 20Before making social worker regulations the Secretary of State must carry out
a public consultation.

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

25Interpretation etc

37 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) 30in 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) 35after 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
40care”.

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(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)”.

38 5Interpretation of Chapter

In this Chapter—

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

  • “Minister of the Crown” has the same meaning as in the Ministers of the
    10Crown Act 1975;

  • “register” means a register required to be kept by regulations under
    section 22 (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
    15worker;

  • “the regulator” means the person appointed by social worker regulations
    under section 21;

  • “social work in England” means social work which is required in
    connection with any health, education, or social services provided in
    20England;

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

CHAPTER 2 Approval of courses in relation to mental health social work

39 25Approval of courses for approved mental health professionals

(1) The 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
30under that section to the regulator of social workers;

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

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

(3) 35For example, the regulations may—

(a) authorise 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) 40make provision about the procedure for approval or renewal of
approval;

(d) make provision about duties to provide information.

(4) If the regulations give the regulator power to charge fees, section 32(2) and (3)
apply to the regulations as they apply to social worker regulations.

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(5) The provision that may be made in regulations under this section by virtue of
section 43 includes, in particular, provision amending, repealing or revoking
any provision made by or under an Act passed before this Act or in the same
Session.

(6) 5In this section “the regulator of social workers” means the person appointed by
social worker regulations under section 21.

(7) Regulations under this section are subject to the affirmative resolution
procedure.

40 Approval of courses for best interests assessors

(1) 10Paragraph 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) In relation to England—

(a) 15the 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 the regulator of social workers or the Secretary
of State otherwise than in the regulations;

(b) 20the 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) The regulations may give the regulator of social workers power to
25charge fees for specifying any training as mentioned in sub-
paragraph (2A)(a).

(2C) If the regulations give the regulator of social workers power to
charge fees, section 32(2) and (3) of the Children and Social Work Act
2016 apply to the regulations as they apply to social worker
30regulations.

(2D) In sub-paragraphs (2A) to (2C) “the regulator of social
workers” means the person appointed by social worker regulations
under section 21 of the Children and Social Work Act 2016.”

(3) In sub-paragraph (3)—

(a) 35at the beginning insert “In relation to Wales”;

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

(4) Omit sub-paragraph (4).

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Part 3 General

41 Power to make transitional provision

The Secretary of State may by regulations make transitional, transitory or
5saving provision in connection with the coming into force of any provision of
this Act.

42 Power 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) 10Regulations 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) Regulations 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
15procedure.

43 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
20provision;

(b) different provision for different purposes.

(3) This section does not apply to regulations under section 46.

44 Affirmative and negative resolution procedures

(1) Where regulations under this Act are subject to “the negative resolution
25procedure” 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
30a 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.

45 Extent

(1) 35Any amendment or repeal made by this Act has the same extent as the
enactment amended or repealed.

(2) Subject to that, the preceding provisions of this Act extend to England and
Wales only.

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46 Commencement

(1) This Part comes into force on the day on which this Act is passed.

(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) 5Different days may be appointed for different purposes.

47 Short title

This Act may be cited as the Children and Social Work Act 2016.