Care Standards Bill - continued        House of Commons
PART IV, SOCIAL CARE WORKERS - continued
Training - continued

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Functions of the appropriate Minister.     66. - (1) The appropriate Minister has the function of-
 
 
    (a) ascertaining what training is required by persons who are or wish to become social care workers;
 
    (b) ascertaining what financial and other assistance is required for promoting such training;
 
    (c) encouraging the provision of such assistance;
 
    (d) drawing up occupational standards for social care workers.
      (2) The appropriate Minister shall encourage persons to take part in courses approved by a Council under section 62 and other courses relevant to the training of persons who are or wish to become social care workers.
 
      (3) If it appears to the appropriate Minister that adequate provision is not being made for training persons who are or wish to become social care workers, the appropriate Minister may provide, or secure the provision of, courses for that purpose.
 
      (4) The appropriate Minister may, upon such terms and subject to such conditions as the Minister considers appropriate-
 
 
    (a) make grants, and pay travelling and other allowances, to persons resident in England and Wales, in order to secure their training in the work of social care workers;
 
    (b) make grants to organisations providing training in the work of social care workers.
      (5) Any functions of the Secretary of State under this section-
 
 
    (a) may be delegated by him to the English Council; or
 
    (b) may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.
      (6) For the purpose of determining-
 
 
    (a) the terms and effect of an authorisation under subsection (5)(b); and
 
    (b) the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,
       Part II of the Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act; and in subsection (5)(b) "employee" has the same meaning as in that Part.
 
      (7) The Assembly may delegate to the Welsh Council any of its functions under this section.
 
 
Miscellaneous and supplemental
Appeals to the Tribunal.     67. - (1) An appeal against a decision of a Council under this Part in respect of registration shall lie to the Tribunal.
 
      (2) On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect.
 
      (3) The Tribunal shall also have power on an appeal against a decision-
 
 
    (a) to vary any condition for the time being in force in respect of the person to whom the appeal relates;
 
    (b) to direct that any such condition shall cease to have effect; or
 
    (c) to direct that any such condition as it thinks fit shall have effect in respect of that person.
Publication etc. of register.     68. - (1) A Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.
 
      (2) Any person who asks the Council for a copy of, or of an extract from, the register shall be entitled to have one.
 
Abolition of Central Council for Education and Training in Social Work.     69. - (1) The Central Council for Education and Training in Social Work (referred to in this Act as "CCETSW") shall cease to exercise in relation to England and Wales the functions conferred on it by or under section 10 of the Health and Social Services and Social Security Adjudications Act 1983.
 
      (2) Her Majesty may by Order in Council make a scheme under subsection (3), or make any provision under subsection (4), which She considers necessary or expedient in consequence of the functions of CCETSW referred to in subsection (1) ceasing, by virtue of that subsection, an Act of the Scottish Parliament or an Act of the Northern Ireland Assembly, to be exercisable in relation to any part of the United Kingdom.
 
      (3) A scheme may provide-
 
 
    (a) for the transfer to the new employer of any eligible employee;
 
    (b) for the transfer to any person of any property belonging to CCETSW;
 
    (c) for any person to have such rights and interests in relation to any property belonging to CCETSW as Her Majesty considers appropriate (whether in connection with a transfer or otherwise);
 
    (d) for the transfer to any person of any liabilities of CCETSW.
      (4) The Order in Council may make-
 
 
    (a) any supplementary, incidental or consequential provision;
 
    (b) any transitory, transitional or saving provision,
       including provision amending Schedule 3 to that Act or repealing that Schedule, section 10 of that Act and any reference in any enactment to CCETSW.
 
      (5) In this section-
 
 
    "eligible employee" means a person who is employed under a contract of employment with the old employer;
 
    "new employer" means-
 
      (a) in relation to England or Wales, the Council;
 
      (b) in relation to Scotland or Northern Ireland, any body established under a provision of the law of Scotland or (as the case may be) Northern Ireland which appears to Her Majesty to perform functions corresponding to those of a Council;
 
    "old employer" means CCETSW;
 
    "property" includes rights and interests of any description.
Rules.     70. - (1) Any power of a Council to make rules under this Part may be exercised-
 
 
    (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
 
    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.
      (2) Rules made by a Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council's functions.
 
      (3) In particular, the rules may make provision for the payment of such fees in connection with-
 
 
    (a) registration (including applications for registration or for amendment of the register);
 
    (b) the approval of courses under section 62;
 
    (c) the provision of training;
 
    (d) the provision of copies of codes of practice or copies of, or extracts, from the register,
       including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify.
 
      (4) No rules shall be made by a Council under this Part without the consent of the appropriate Minister.
 
 
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