House of Commons portcullis
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;”.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2011
Revised 19 January 2011