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Part 7: consequential amendments and savings |
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Abolition of The General Social Care Council |
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Amendments to the Care Standards Act 2000 (c. 14) |
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1 | The Care Standards Act 2000 is amended as follows. |
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2 | In section 55(3)(g) (power to treat persons on certain social work courses as |
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(a) | for “a Council” substitute “the Welsh Council”, and |
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(b) | after “section 63” insert “, or by the Health and Care Professions |
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Council under article 15 of the Health and Social Work Professions |
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3 | In section 56 (register of social care workers etc.)— |
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(a) | in subsection (1), for “Each Council” substitute “The Welsh Council”, |
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(b) | in subsection (4), for “the Council” substitute “the Welsh Council”. |
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4 | In section 57 (applications for registration), in subsection (1), for “a Council” |
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substitute “the Welsh Council”. |
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5 | In section 58 (grant or refusal of registration), in subsection (1) for “the |
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Council” substitute “the Welsh Council”. |
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6 | In section 58A (visiting social workers from relevant European States)— |
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(a) | in subsections (3) and (7), for “a Council” substitute “the Welsh |
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(b) | in subsection (6), for “a Council, that” substitute “the Welsh Council, |
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7 | In section 59 (removal etc. from register), in subsection (1), for “Each |
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Council” substitute “The Welsh Council”. |
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8 | In section 60 (rules about registration), for “A Council” substitute “The |
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9 | In section 61 (offence relating to use of title “social worker” etc.)— |
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(a) | in subsection (1), after “a person” insert “in Wales”, |
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(b) | in subsection (2)(a), for “a Council” substitute “the Welsh Council”, |
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(c) | in subsection (2)(b), after “the law of” insert “England and Wales so |
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far as applying in relation to England,”. |
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10 | In section 62 (codes of practice)— |
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(a) | in subsection (1), for “Each Council” substitute “The Welsh Council”, |
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(b) | in subsections (3), (4) and (6), for “a Council” substitute “the |
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(c) | in subsection (5), after “Local authorities” insert “in Wales”. |
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11 | In section 63 (approval of courses etc.)— |
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(a) | in subsection (1), for “Each Council” substitute “The Welsh Council”, |
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(b) | in subsection (4), for “A Council” substitute “The Council”. |
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12 | In section 64 (qualifications gained outside Council’s area)— |
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(a) | in subsection (A1), for “a Council” substitute “the Welsh Council”, |
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(b) | omit subsection (1), and |
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(c) | for the title substitute “Qualifications gained outside the Welsh |
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13 | In section 65(1) (power to make rules requiring registered persons to |
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undertake further training), for “A Council” substitute “The Welsh Council”. |
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14 | In section 66 (visitors for certain social work courses)— |
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(a) | in subsection (1), for “A Council” substitute “The Welsh Council”, |
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(b) | in subsection (3), for “a Council” substitute “the Council”. |
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15 | In section 67 (functions of the appropriate Minister)— |
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(a) | in subsection (2), for “a Council” substitute “the Welsh Council”, and |
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(b) | in subsection (5), omit paragraph (a) (and the “or” following it). |
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16 | In section 68 (appeals to the Tribunal), in subsections (1) and (1A) for “a |
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Council” substitute “the Welsh Council”. |
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17 | In section 69 (publication etc. of register), in subsection (1), for “A Council” |
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substitute “The Welsh Council”. |
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18 | In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” |
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substitute “the Welsh Council”. |
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19 | In section 113 (default Ministerial powers), omit subsection (1). |
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20 | In section 121(13) (index of defined expressions)— |
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(a) | omit the entry for references to the Council, the English Council and |
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21 | Schedule 1 (the Care Councils) is amended as follows. |
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22 | Omit paragraph 1 (introductory). |
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23 | In paragraph 2 (status)— |
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(a) | for “An authority” substitute “The Welsh Council”, and |
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(b) | for “an authority’s” substitute “the Council’s”. |
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24 | In paragraph 3(1) (general powers), for “the Secretary of State, an authority” |
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substitute “the Welsh Ministers, the Welsh Council”. |
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25 | In paragraph 4 (general duty), for “an authority” substitute “the Welsh |
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26 | For paragraph 5 (membership)— |
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(a) | for “Each authority” substitute “The Welsh Council”, and |
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(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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27 | In paragraph 6 (appointment, procedure etc.)— |
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(a) | for “The Secretary of State” substitute “The Welsh Ministers”, |
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(b) | in paragraph (a), for “an authority” substitute “the Welsh Council”, |
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(c) | in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each |
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place it appears) for “an authority” substitute “the Council”, and |
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(d) | in paragraph (c), for “the authority” substitute “the Council”. |
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28 (1) | Paragraph 7 (remuneration and allowances) is amended as follows. |
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(2) | In sub-paragraph (1)— |
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(a) | for “An authority” substitute “The Welsh Council”, |
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(b) | for “the authority”, in each place it appears, substitute “the Council”, |
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(c) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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(3) | In sub-paragraph (2)— |
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(a) | for “the Secretary of State so determines” substitute “the Welsh |
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(b) | for “an authority”, in each place it appears, substitute “the Council”, |
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(c) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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(4) | In sub-paragraph (3)— |
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(a) | for “the Secretary of State determines” substitute “the Welsh |
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(b) | for “an authority” substitute “the Council”, |
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(c) | for “the authority” substitute “the Council”, and |
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(d) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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29 (1) | Paragraph 8 (chief officer) is amended as follows. |
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(2) | In sub-paragraph (1)— |
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(a) | for “each authority” substitute “the Welsh Council”, and |
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(b) | for “the authority”, in each place it appears, substitute “the Council”. |
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(3) | In sub-paragraph (2), for “the Secretary of State” (in each place it appears) |
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substitute “the Welsh Ministers”. |
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(4) | In sub-paragraph (3), for “the authority” substitute “the Council”. |
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(5) | In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh |
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30 (1) | Paragraph 12 (staff) is amended as follows. |
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(2) | In sub-paragraph (1), for “An authority” substitute “The Welsh Council”. |
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(3) | In sub-paragraph (2)— |
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(a) | for “an authority” substitute “the Council”, and |
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(b) | for “the authority” substitute “the Council”. |
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(4) | In sub-paragraph (3), for “an authority” substitute “the Council”. |
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(5) | In sub-paragraph (4)— |
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(a) | for “Secretary of State” substitute “Welsh Ministers”, |
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(b) | in paragraph (a), for “an authority” substitute “the Council”, and |
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(c) | in paragraph (c), for “the authority” substitute “the Council”. |
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31 (1) | Paragraph 13 (delegation of functions) is amended as follows. |
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(2) | In sub-paragraph (1)— |
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(a) | for “An authority” substitute “The Welsh Council”, and |
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(b) | for “the authority” substitute “the Council”. |
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(3) | In sub-paragraph (2)— |
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(a) | for “An authority” substitute “The Council”, and |
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(b) | for “the authority” substitute “the Council”. |
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32 | In paragraph 14 (arrangements for the use of staff)— |
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(a) | for “The Secretary of State” substitute “The Welsh Ministers”, |
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(b) | in paragraph (a), for “an authority” substitute “the Welsh Council”, |
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(c) | in paragraph (b), for “an authority” substitute “the Council”, and for |
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“the authority” substitute “the Council”. |
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33 | In paragraph 16 (payments to authorities)— |
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(a) | for “The Secretary of State” substitute “The Welsh Ministers”, |
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(b) | for “an authority” substitute “the Welsh Council”, and |
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(c) | for “he considers” substitute “they consider”. |
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34 (1) | Paragraph 18 (accounts) is amended as follows. |
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(2) | In sub-paragraph (1)— |
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(a) | for “An authority” substitute “The Welsh Council”, and |
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(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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(3) | In sub-paragraph (2)— |
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(a) | for “An authority” substitute “The Council”, and |
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(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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(4) | In sub-paragraph (3)— |
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(a) | for “An authority” substitute “The Council”, |
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(b) | for “the Secretary of State” (in each place it appears) substitute “the |
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(c) | for “the Comptroller and Auditor General” substitute “the Auditor |
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(5) | In sub-paragraph (4)— |
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(a) | for “The Comptroller and Auditor General” substitute “The Auditor |
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(b) | for “Parliament” substitute “the Assembly”. |
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(6) | In sub-paragraph (5)— |
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(a) | for “an authority” substitute “the Council”, and |
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(b) | in paragraph (a), for “the authority” substitute “the Council”. |
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35 (1) | Paragraph 19 (reports etc.) is amended as follows. |
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(2) | In sub-paragraph (1)— |
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(a) | for “an authority” substitute “the Welsh Council”, and |
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(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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(3) | In sub-paragraph (2)— |
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(a) | for “An Authority” substitute “The Council”, |
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(b) | for “the Secretary of State” substitute “the Welsh Ministers”, and |
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(c) | for “he” substitute “they”. |
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(4) | In sub-paragraph (3), for “the authority” substitute “the Council”. |
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36 | In paragraph 20 (application of seal)— |
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(a) | for “an authority” substitute “the Welsh Council”, and |
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(b) | in paragraphs (a) and (b), for “the authority” substitute “the |
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37 | In paragraph 21 (evidence), for “an authority” substitute “the Welsh |
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38 | For the title to Schedule 1 substitute “The Welsh Council”. |
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Amendments to the Health and Social Care Act 2008 |
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39 | The Health and Social Care Act 2008 is amended as follows. |
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40 (1) | In section 124 (regulation of social care workers)— |
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(a) | in subsection (1), for “appropriate Minister” in each place it appears |
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substitute “Welsh Ministers”, |
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(b) | in that subsection, for “their regulation” substitute “the regulation of |
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social care workers”, and |
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(c) | in subsection (3), omit the definition of “the appropriate Minister”. |
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(2) | For the title to that section substitute “Regulation of social care workers: |
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41 | Section 125 (standard of proof in proceedings relating to registration of |
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(a) | in subsection (2), for “a committee of a Council, a Council itself or |
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any officer of a Council” substitute “the Care Council for Wales, a |
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committee of the Council or any officer of the Council”, and |
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(b) | in subsection (3), omit paragraph (a). |
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42 (1) | Section 126 (education and training of approved mental health |
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professionals) is amended as follows. |
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(a) | for “appropriate Minister” substitute “Welsh Ministers”, and |
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(b) | omit “the General Social Care Council or”. |
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(3) | In subsection (4), omit the definition of “the appropriate Minister”. |
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(4) | For the title to section 126 substitute “Education and training of approved |
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mental health professionals: Wales”. |
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43 (1) | Schedule 9 (regulation of social care workers) is amended as follows. |
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(2) | In paragraph 1 (interpretation), for the definition of “the appropriate |
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““the Council” means the Care Council for Wales.” |
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(3) | In paragraph 2 (matters generally within the scope of regulations), in |
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paragraphs (a) and (h), for “the appropriate Council” substitute “the |
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(4) | In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” |
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substitute “the Council”. |
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(5) | In paragraph 6 (sub-delegation), in paragraph (a), omit the words from |
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“Ministers of the Crown” to “Welsh Ministers, on”. |
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(6) | In paragraph 8 (matters outside the scope of regulations)— |
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(a) | in sub-paragraph (1), omit “the General Social Care Council or”, |
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(b) | in sub-paragraph (2), for “either of those Councils” substitute “the |
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(c) | in that sub-paragraph, for “that Council” substitute “the Council”. |
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(7) | Omit paragraph 9 (preliminary procedure for making regulations: England). |
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(8) | For the title to that Schedule substitute “Regulation of social care workers: |
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44 | In the following provisions, omit the entry for the General Social Care |
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(a) | the Schedule to the Public Bodies (Admission to Meetings Act 1960), |
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(b) | Schedule 2 to the Parliamentary Commissioner Act 1967, |
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(c) | Part 2 of Schedule 1 to the House of Commons Disqualification |
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(d) | Part 2 of Schedule 1 to the Northern Ireland Assembly |
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Disqualification Act 1975, and |
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(e) | Part 6 of Schedule 1 to the Freedom of Information Act 2000. |
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45 | In section 343 of the Income Tax (Earning and Pensions) Act 2003 |
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(deductions for professional membership fees), in paragraph 1 of the Table |
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in subsection (2), omit sub-paragraph (o). |
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46 | In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: |
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duty to refer), in entry number 8 in the table in subsection (7)— |
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(a) | in the first column, after “social care workers” insert “in Wales”, and |
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(b) | in the second column, for the words from “General” to the end |
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substitute “Care Council for Wales”. |
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47 | Section 196 does not affect the validity of anything done by or in relation to |
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the General Social Care Council before the commencement of subsection (1) |
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The Health and Care Professions Council |
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48 (1) | A reference in any instrument or document to the Health Professions |
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Council is to be read, in relation to any time after the commencement of |
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section 198(1), as a reference to the Health and Care Professions Council. |
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(2) | A reference in this Act or any other enactment, or in any other instrument or |
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document, to the Health and Care Professions Council is to be read, in |
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relation to any time before the commencement of section 198(1), as a |
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reference to the Health Professions Council. |
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(3) | In sub-paragraph (2), “enactment” means an enactment contained in, or in |
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an instrument made under— |
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(a) | an Act of Parliament, |
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(b) | an Act of the Scottish Parliament, |
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(c) | an Act or Measure of the National Assembly for Wales, or |
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(d) | Northern Ireland legislation. |
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49 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, |
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at the appropriate place insert— |
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“The Health and Care Professions Council”. |
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50 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
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Act 1975, at the appropriate place insert— |
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“The Health and Care Professions Council”. |
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51 | In the following provisions, for “the Health Professions Council” substitute |
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“the Health and Care Professions Council”— |
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(a) | Part 6 of Schedule 1 to the Freedom of Information Act 2000, |
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(b) | section 25(3)(gb) of the National Health Service Reform and Health |
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Care Professions Act 2002, |
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(c) | section 4(4)(a) of the Health (Wales) Act 2003, |
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(d) | paragraph 1(f) of the Table in section 343(2) of the Income Tax |
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(Earning and Pensions) Act 2003, |
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(e) | paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups |
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(f) | sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable |
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Groups (Scotland) Act 2007. |
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52 | In section 257(3) of the Armed Forces Act 2006 (definition of “registered |
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social worker”), for paragraph (a) substitute— |
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“(a) | the Health and Care Professions Council;”. |
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53 | After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act |
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“(6) | The reference in subsection (5) to the Health and Care Professions |
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Council does not include a reference to that body in so far as it has |
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functions relating to the social work profession in England or social |
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care workers in England (each of those expressions having the same |
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meaning as in section 60 of the Health Act 1999).” |
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54 | In Part 1 of the Schedule to the National Assembly for Wales |
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(Disqualification) Order 2006 (S.I. 2006/3335) (bodies of which all members |
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are disqualified), at the appropriate place insert— |
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“Health and Care Professions Council;”. |
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