Children and Social Work Bill (HL Bill 57)

Children and Social Work BillPage 30

(5) The provision that may be made in regulations under this section by virtue of
section 57 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 35.

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

54 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 46(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 35 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

55 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.

56 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.

57 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 60.

58 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.

59 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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60 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.

61 Short title

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