Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
313

Schedule 14
Section 214

Part 7: consequential amendments and savings
Part 1
Abolition of The General Social Care Council
Amendments to the Care Standards Act 2000 (c. 14)
5
1
The Care Standards Act 2000 is amended as follows.
2
In section 55(3)(g) (power to treat persons on certain social work courses as
social care workers)—
(a)
for “a Council” substitute “the Welsh Council”, and
(b)
after “section 63” insert “, or by the Health and Care Professions
10
Council under article 15 of the Health and Social Work Professions
Order 2001,”.
3
In section 56 (register of social care workers etc.)—
(a)
in subsection (1), for “Each Council” substitute “The Welsh Council”,
and
15
(b)
in subsection (4), for “the Council” substitute “the Welsh Council”.
4
In section 57 (applications for registration), in subsection (1), for “a Council”
substitute “the Welsh Council”.
5
In section 58 (grant or refusal of registration), in subsection (1) for “the
Council” substitute “the Welsh Council”.
20
6
In section 58A (visiting social workers from relevant European States)—
(a)
in subsections (3) and (7), for “a Council” substitute “the Welsh
Council”, and
(b)
in subsection (6), for “a Council, that” substitute “the Welsh Council,
the”.
25
7
In section 59 (removal etc. from register), in subsection (1), for “Each
Council” substitute “The Welsh Council”.
8
In section 60 (rules about registration), for “A Council” substitute “The
Welsh Council”.
9
In section 61 (offence relating to use of title “social worker” etc.)—
30
(a)
in subsection (1), after “a person” insert “in Wales”,
(b)
in subsection (2)(a), for “a Council” substitute “the Welsh Council”,
and
(c)
in subsection (2)(b), after “the law of” insert “England and Wales so
far as applying in relation to England,”.
35
10
In section 62 (codes of practice)—
(a)
in subsection (1), for “Each Council” substitute “The Welsh Council”,
(b)
in subsections (3), (4) and (6), for “a Council” substitute “the
Council”, and
(c)
in subsection (5), after “Local authorities” insert “in Wales”.
40
11
In section 63 (approval of courses etc.)—

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
314

(a)
in subsection (1), for “Each Council” substitute “The Welsh Council”,
and
(b)
in subsection (4), for “A Council” substitute “The Council”.
12
In section 64 (qualifications gained outside Council’s area)—
(a)
in subsection (A1), for “a Council” substitute “the Welsh Council”,
5
(b)
omit subsection (1), and
(c)
for the title substitute “Qualifications gained outside the Welsh
Council’s area”.
13
In section 65(1) (power to make rules requiring registered persons to
undertake further training), for “A Council” substitute “The Welsh Council”.
10
14
In section 66 (visitors for certain social work courses)—
(a)
in subsection (1), for “A Council” substitute “The Welsh Council”,
and
(b)
in subsection (3), for “a Council” substitute “the Council”.
15
In section 67 (functions of the appropriate Minister)—
15
(a)
in subsection (2), for “a Council” substitute “the Welsh Council”, and
(b)
in subsection (5), omit paragraph (a) (and the “or” following it).
16
In section 68 (appeals to the Tribunal), in subsections (1) and (1A) for “a
Council” substitute “the Welsh Council”.
17
In section 69 (publication etc. of register), in subsection (1), for “A Council”
20
substitute “The Welsh Council”.
18
In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council”
substitute “the Welsh Council”.
19
In section 113 (default Ministerial powers), omit subsection (1).
20
In section 121(13) (index of defined expressions)—
25
(a)
omit the entry for references to the Council, the English Council and
the Welsh Council, and
(b)
at the end insert—

“the Welsh Council
Section 54”.

21
Schedule 1 (the Care Councils) is amended as follows.
30
22
Omit paragraph 1 (introductory).
23
In paragraph 2 (status)—
(a)
for “An authority” substitute “The Welsh Council”, and
(b)
for “an authority’s” substitute “the Council’s”.
24
In paragraph 3(1) (general powers), for “the Secretary of State, an authority”
35
substitute “the Welsh Ministers, the Welsh Council”.
25
In paragraph 4 (general duty), for “an authority” substitute “the Welsh
Council”.
26
For paragraph 5 (membership)—
(a)
for “Each authority” substitute “The Welsh Council”, and
40

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
315

(b)
for “the Secretary of State” substitute “the Welsh Ministers”.
27
In paragraph 6 (appointment, procedure etc.)—
(a)
for “The Secretary of State” substitute “The Welsh Ministers”,
(b)
in paragraph (a), for “an authority” substitute “the Welsh Council”,
(c)
in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each
5
place it appears) for “an authority” substitute “the Council”, and
(d)
in paragraph (c), for “the authority” substitute “the Council”.
28    (1)
Paragraph 7 (remuneration and allowances) is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
for “An authority” substitute “The Welsh Council”,
10
(b)
for “the authority”, in each place it appears, substitute “the Council”,
and
(c)
for “the Secretary of State” substitute “the Welsh Ministers”.
      (3)
In sub-paragraph (2)—
(a)
for “the Secretary of State so determines” substitute “the Welsh
15
Ministers so determine”,
(b)
for “an authority”, in each place it appears, substitute “the Council”,
and
(c)
for “the Secretary of State” substitute “the Welsh Ministers”.
      (4)
In sub-paragraph (3)—
20
(a)
for “the Secretary of State determines” substitute “the Welsh
Ministers determine”,
(b)
for “an authority” substitute “the Council”,
(c)
for “the authority” substitute “the Council”, and
(d)
for “the Secretary of State” substitute “the Welsh Ministers”.
25
29    (1)
Paragraph 8 (chief officer) is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
for “each authority” substitute “the Welsh Council”, and
(b)
for “the authority”, in each place it appears, substitute “the Council”.
      (3)
In sub-paragraph (2), for “the Secretary of State” (in each place it appears)
30
substitute “the Welsh Ministers”.
      (4)
In sub-paragraph (3), for “the authority” substitute “the Council”.
      (5)
In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh
Ministers”.
30    (1)
Paragraph 12 (staff) is amended as follows.
35
      (2)
In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.
      (3)
In sub-paragraph (2)—
(a)
for “an authority” substitute “the Council”, and
(b)
for “the authority” substitute “the Council”.
      (4)
In sub-paragraph (3), for “an authority” substitute “the Council”.
40
      (5)
In sub-paragraph (4)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
316

(b)
in paragraph (a), for “an authority” substitute “the Council”, and
(c)
in paragraph (c), for “the authority” substitute “the Council”.
31    (1)
Paragraph 13 (delegation of functions) is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
for “An authority” substitute “The Welsh Council”, and
5
(b)
for “the authority” substitute “the Council”.
      (3)
In sub-paragraph (2)—
(a)
for “An authority” substitute “The Council”, and
(b)
for “the authority” substitute “the Council”.
32
In paragraph 14 (arrangements for the use of staff)—
10
(a)
for “The Secretary of State” substitute “The Welsh Ministers”,
(b)
in paragraph (a), for “an authority” substitute “the Welsh Council”,
and
(c)
in paragraph (b), for “an authority” substitute “the Council”, and for
“the authority” substitute “the Council”.
15
33
In paragraph 16 (payments to authorities)—
(a)
for “The Secretary of State” substitute “The Welsh Ministers”,
(b)
for “an authority” substitute “the Welsh Council”, and
(c)
for “he considers” substitute “they consider”.
34    (1)
Paragraph 18 (accounts) is amended as follows.
20
      (2)
In sub-paragraph (1)—
(a)
for “An authority” substitute “The Welsh Council”, and
(b)
for “the Secretary of State” substitute “the Welsh Ministers”.
      (3)
In sub-paragraph (2)—
(a)
for “An authority” substitute “The Council”, and
25
(b)
for “the Secretary of State” substitute “the Welsh Ministers”.
      (4)
In sub-paragraph (3)—
(a)
for “An authority” substitute “The Council”,
(b)
for “the Secretary of State” (in each place it appears) substitute “the
Welsh Ministers”, and
30
(c)
for “the Comptroller and Auditor General” substitute “the Auditor
General for Wales”.
      (5)
In sub-paragraph (4)—
(a)
for “The Comptroller and Auditor General” substitute “The Auditor
General for Wales”, and
35
(b)
for “Parliament” substitute “the Assembly”.
      (6)
In sub-paragraph (5)—
(a)
for “an authority” substitute “the Council”, and
(b)
in paragraph (a), for “the authority” substitute “the Council”.
35    (1)
Paragraph 19 (reports etc.) is amended as follows.
40
      (2)
In sub-paragraph (1)—
(a)
for “an authority” substitute “the Welsh Council”, and

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
317

(b)
for “the Secretary of State” substitute “the Welsh Ministers”.
      (3)
In sub-paragraph (2)—
(a)
for “An Authority” substitute “The Council”,
(b)
for “the Secretary of State” substitute “the Welsh Ministers”, and
(c)
for “he” substitute “they”.
5
      (4)
In sub-paragraph (3), for “the authority” substitute “the Council”.
36
In paragraph 20 (application of seal)—
(a)
for “an authority” substitute “the Welsh Council”, and
(b)
in paragraphs (a) and (b), for “the authority” substitute “the
Council”.
10
37
In paragraph 21 (evidence), for “an authority” substitute “the Welsh
Council”.
38
For the title to Schedule 1 substitute “The Welsh Council”.
Amendments to the Health and Social Care Act 2008
39
The Health and Social Care Act 2008 is amended as follows.
15
40    (1)
In section 124 (regulation of social care workers)—
(a)
in subsection (1), for “appropriate Minister” in each place it appears
substitute “Welsh Ministers”,
(b)
in that subsection, for “their regulation” substitute “the regulation of
social care workers”, and
20
(c)
in subsection (3), omit the definition of “the appropriate Minister”.
      (2)
For the title to that section substitute “Regulation of social care workers:
Wales”.
41
Section 125 (standard of proof in proceedings relating to registration of
social care worker)—
25
(a)
in subsection (2), for “a committee of a Council, a Council itself or
any officer of a Council” substitute “the Care Council for Wales, a
committee of the Council or any officer of the Council”, and
(b)
in subsection (3), omit paragraph (a).
42    (1)
Section 126 (education and training of approved mental health
30
professionals) is amended as follows.
      (2)
In subsection (1)—
(a)
for “appropriate Minister” substitute “Welsh Ministers”, and
(b)
omit “the General Social Care Council or”.
      (3)
In subsection (4), omit the definition of “the appropriate Minister”.
35
      (4)
For the title to section 126 substitute “Education and training of approved
mental health professionals: Wales”.
43    (1)
Schedule 9 (regulation of social care workers) is amended as follows.
      (2)
In paragraph 1 (interpretation), for the definition of “the appropriate
Council” substitute—
40
““the Council” means the Care Council for Wales.”

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 2 — The Health and Care Professions Council
318

      (3)
In paragraph 2 (matters generally within the scope of regulations), in
paragraphs (a) and (h), for “the appropriate Council” substitute “the
Council”.
      (4)
In paragraph 5 (payments), in paragraph (b), for “the appropriate Council”
substitute “the Council”.
5
      (5)
In paragraph 6 (sub-delegation), in paragraph (a), omit the words from
“Ministers of the Crown” to “Welsh Ministers, on”.
      (6)
In paragraph 8 (matters outside the scope of regulations)—
(a)
in sub-paragraph (1), omit “the General Social Care Council or”,
(b)
in sub-paragraph (2), for “either of those Councils” substitute “the
10
Council”, and
(c)
in that sub-paragraph, for “that Council” substitute “the Council”.
      (7)
Omit paragraph 9 (preliminary procedure for making regulations: England).
      (8)
For the title to that Schedule substitute “Regulation of social care workers:
Wales”.
15
Amendments to other Acts
44
In the following provisions, omit the entry for the General Social Care
Council—
(a)
the Schedule to the Public Bodies (Admission to Meetings Act 1960),
(b)
Schedule 2 to the Parliamentary Commissioner Act 1967,
20
(c)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(d)
Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and
(e)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
25
45
In section 343 of the Income Tax (Earning and Pensions) Act 2003
(deductions for professional membership fees), in paragraph 1 of the Table
in subsection (2), omit sub-paragraph (o).
46
In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers:
duty to refer), in entry number 8 in the table in subsection (7)—
30
(a)
in the first column, after “social care workers” insert “in Wales”, and
(b)
in the second column, for the words from “General” to the end
substitute “Care Council for Wales”.
Savings
47
Section 196 does not affect the validity of anything done by or in relation to
35
the General Social Care Council before the commencement of subsection (1)
of that section.
Part 2
The Health and Care Professions Council
48    (1)
A reference in any instrument or document to the Health Professions
40
Council is to be read, in relation to any time after the commencement of
section 198(1), as a reference to the Health and Care Professions Council.

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 2 — The Health and Care Professions Council
319

      (2)
A reference in this Act or any other enactment, or in any other instrument or
document, to the Health and Care Professions Council is to be read, in
relation to any time before the commencement of section 198(1), as a
reference to the Health Professions Council.
      (3)
In sub-paragraph (2), “enactment” means an enactment contained in, or in
5
an instrument made under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
an Act or Measure of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
10
49
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
at the appropriate place insert—
      “The Health and Care Professions Council”.
50
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975, at the appropriate place insert—
15
      “The Health and Care Professions Council”.
51
In the following provisions, for “the Health Professions Council” substitute
“the Health and Care Professions Council”—
(a)
Part 6 of Schedule 1 to the Freedom of Information Act 2000,
(b)
section 25(3)(gb) of the National Health Service Reform and Health
20
Care Professions Act 2002,
(c)
section 4(4)(a) of the Health (Wales) Act 2003,
(d)
paragraph 1(f) of the Table in section 343(2) of the Income Tax
(Earning and Pensions) Act 2003,
(e)
paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups
25
Act 2006, and
(f)
sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable
Groups (Scotland) Act 2007.
52
In section 257(3) of the Armed Forces Act 2006 (definition of “registered
social worker”), for paragraph (a) substitute—
30
“(a)
the Health and Care Professions Council;”.
53
After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act
2007, insert—
“(6)
The reference in subsection (5) to the Health and Care Professions
Council does not include a reference to that body in so far as it has
35
functions relating to the social work profession in England or social
care workers in England (each of those expressions having the same
meaning as in section 60 of the Health Act 1999).”
54
In Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2006 (S.I. 2006/3335) (bodies of which all members
40
are disqualified), at the appropriate place insert—
  “Health and Care Professions Council;”.