Care Standards Bill

Care Standards Bill - continued	House of Commons

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	PART IV
	SOCIAL CARE WORKERS
	Preliminary
Care Councils.	53. - (1) There shall be-
	(a) a body corporate to be known as the General Social Care Council (referred to in this Act as "the English Council"); and
	(b) a body corporate to be known as the Care Council for Wales or Cyngor Gofal Cymru (referred to in this Act as "the Welsh Council"),
	which shall have the functions conferred on them by or under this Act or any other enactment.
	(2) It shall be the duty of the English Council to promote in relation to England-
	(a) high standards of conduct and practice among social care workers; and
	(b) high standards in their training.
	(3) It shall be the duty of the Welsh Council to promote in relation to Wales-
	(a) high standards of conduct and practice among social care workers; and
	(b) high standards in their training.
	(4) Each Council shall, in the exercise of its functions, act-
	(a) in accordance with any directions given to it by the appropriate Minister; and
	(b) under the general guidance of the appropriate Minister.
	(5) Directions under subsection (4) shall be given in writing.
	(6) Schedule 1 shall have effect with respect to a Council.
	(7) In this Act, references to a Council are-
	(a) in relation to England, a reference to the General Social Care Council,
	(b) in relation to Wales, a reference to the Care Council for Wales.
Interpretation.	54. - (1) This section has effect for the purposes of this Part.
	(2) "Social care worker" means a person (other than a person excepted by regulations) who-
	(a) engages in relevant social work (referred to in this Part as a "social worker");
	(b) is employed at a children's home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency or a voluntary adoption agency;
	(c) manages an establishment, or an agency, of a description mentioned in paragraph (b); or
	(d) is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
	(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers-
	(a) a person engaged in work for the purposes of a local authority's social services functions, or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;
	(b) a person engaged in the provision of personal care for any person;
	(c) a person who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;
	(d) a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children's homes etc.);
	(e) staff of the Commission or the Assembly who-
	(i) inspect premises under section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges) or section 31 or 44 of this Act; or
	(ii) are responsible for persons who do so;
	and staff of the Assembly who inspect premises under section 79T of that Act (inspection of child minding and day care in Wales) or are responsible for persons who do so;
	(f) a person employed in a day centre;
	(g) a person participating in a course approved by a Council under section 62 for persons wishing to become social workers.
	(4) "Relevant social work" means social work which is required in connection with any health, education or social services provided by any person.
	(5) "Day centre" means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).
	Registration
The register.	55. - (1) Each Council shall maintain a register of-
	(a) social workers; and
	(b) social care workers of any other description specified by the appropriate Minister by order.
	(2) There shall be a separate part of the register for social workers and for each description of social care workers so specified.
	(3) The appropriate Minister may by order provide for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.
	(4) The appropriate Minister shall consult the Council before making, varying or revoking any order under this section.
Applications for registration.	56. - (1) An application for registration under this Part shall be made to the Council in accordance with rules made by it.
	(2) An application under subsection (1) shall specify each part of the register in which registration is sought and such other matters as may be required by the rules.
Grant or refusal of registration.	57. - (1) If the Council is satisfied that the applicant-
	(a) is of good character;
	(b) is physically and mentally fit to perform the whole or part of the work of persons registered in any part of the register to which his application relates; and
	(c) satisfies the following conditions,
	it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.
	(2) The first condition is that-
	(a) in the case of an applicant for registration as a social worker-
	(i) he has successfully completed a course approved by the Council under section 62 for persons wishing to become social workers;
	(ii) he satisfies the requirements of section 63; or
	(iii) he satisfies any requirements as to training which the Council may by rules impose in relation to social workers;
	(b) in the case of an applicant for registration as a social care worker of any other description, he satisfies any requirements as to training which the Council may by rules impose in relation to social care workers of that description.
	(3) The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.
Removal etc. from register.	58. - (1) Each Council shall by rules determine circumstances in which, and the means by which-
	(a) a person may be removed from a part of the register, whether or not for a specified period;
	(b) a person who has been removed from a part of the register may be restored to that part;
	(c) a person's registration in a part of the register may be suspended for a specified period;
	(d) the suspension of a person's registration in a part of the register may be terminated;
	(e) an entry in a part of the register may be removed, altered or restored.
	(2) The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.
	(3) The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.
	(4) Where a person's registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.
Rules about registration.	59. A Council may by rules make provision about the registration of persons under this Part and, in particular-
	(a) as to the keeping of the register;
	(b) as to the documentary and other evidence to be produced by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;
	(c) for a person's registration to remain effective without limitation of time (subject to removal from the register in accordance with rules made by virtue of section 58) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.

Prepared 6 July 2000