The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

Document Number:2019 No. 761 (W. 144)

Welsh Statutory Instruments

Exiting The European Union, Wales

Social Care, Wales

Professional Qualifications, Wales


29 March 2019

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018(1) make the following Regulations.

In accordance with paragraph 1(9) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of the National Assembly for Wales.

Title, commencement, application and interpretation

  1. —(1) The title of these Regulations is the Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019.

    (2) Subject to paragraph (3) , these Regulations come into force on exit day.

    (3) Regulation 14(2) comes into force at 11.00 pm on 31 December 2020.

    (4) These Regulations apply in relation to Wales.

    (5) In these Regulations, “the 2016 Act” means the Regulation and Inspection of Social Care (Wales) Act 2016(2).

    PART 1 Amendments to legislation

    Amendments to the Regulation and Inspection of Social Care (Wales) Act 2016

  2. The 2016 Act is amended as follows.

  3. In section 66(1) (interpretation of Parts 3 to 8) , omit the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State”, “visiting European social care manager part” and “visiting European social worker part”(3).

  4. In section 74 (rules: fees)(4) , omit subsection (3).

  5. In section 80 (the register)(5) , omit subsections (1)(c) and (d) , (2)(c) and (d) , and (3)(c) and (d).

  6. In section 84 (“appropriately qualified”)(6) , omit paragraph (aa)(ii).

  7. In section 85 (qualifications gained outside Wales – social workers)(7) , omit subsection (1).

  8. Omit section 85 A (qualifications gained outside Wales – social care managers)(8).

  9. Omit section 90 (visiting social workers from relevant European States)(9).

  10. Omit section 90 A (visiting social care managers from relevant European States)(10).

  11. Omit section 105 (other appeals: decisions made under the General Systems Regulations)(11).

  12. In section 113 (continuing professional development) , omit subsections (3) to (5)(12).

  13. In section 164 (meaning of “registered person” in Part 6)(13)—

    (a) for “the social worker part, an added part” substitute “the social worker part or an added part”;

    (b) omit “or the visiting European social worker part or visiting European social care manager part”.

  14. In Schedule 1 (regulated services: definitions) , in paragraph 7 (advocacy services)—

    (a) in sub-paragraph (4)—

    (i) at the end of paragraph (a) , omit “or”;

    (ii) for paragraph (b) substitute—

    “(b) an individual to whom—

    (i) regulation 5(1)(a) of the Revocation Regulations applies,

    (ii) regulation 5(1)(b) of those Regulations applied and who becomes a registered European lawyer (by virtue of a decision on the individual’s application or on appeal) ,

    (iii) regulation 5(1)(c) of those Regulations applied and whose suspension is terminated (whether on appeal or otherwise) , or

    (iv) regulation 5(1)(d) of those Regulations applied and whose registration as a registered European lawyer has been reinstated, or

    (c) an individual for whom the provisions in regulation 4 A or 5 A of...

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