Care Standards Bill [H.L.] - continued        House of Lords

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  PART IV
  SOCIAL CARE WORKERS
 
Preliminary
Care Councils.     50. - (1) There shall be-
 
 
    (a) a body corporate to be known as the General Social Care Council (referred to in this Act as "the English Council"); and
 
    (b) a body corporate to be known as the Care Council for Wales (referred to in this Act as "the Welsh Council"),
  which shall have the functions conferred on them by or under this Act or any other enactment.
 
      (2) It shall be the duty of the English Council to promote in relation to England-
 
 
    (a) high standards of conduct and practice among social care workers; and
 
    (b) high standards in their training.
      (3) It shall be the duty of the Welsh Council to promote in relation to Wales-
 
 
    (a) high standards of conduct and practice among social care workers; and
 
    (b) high standards in their training.
      (4) Each Council shall, in the exercise of its functions, act-
 
 
    (a) in accordance with any directions given to it by the appropriate Minister; and
 
    (b) under the general guidance of the appropriate Minister.
      (5) Directions under subsection (4) shall be given in writing.
 
      (6) Schedule 1 shall have effect with respect to a Council, but in relation to the Welsh Council as if references to the Secretary of State were to the Assembly.
 
      (7) In this Act, references to a Council are-
 
 
    (a) in relation to England, a reference to the General Social Care Council,
 
    (b) in relation to Wales, a reference to the Care Council for Wales.
Interpretation.     51. - (1) This section has effect for the purposes of this Part.
 
      (2) "Social care worker" means a person (other than a person excepted by regulations) who is-
 
 
    (a) engaged in relevant social work;
 
    (b) employed at a children's home or care home or at the premises of an agency; or
 
    (c) supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
      (3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers-
 
 
    (a) a person engaged in work for the purposes of a local authority's social services functions;
 
    (b) a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children's homes etc.);
 
    (c) a person employed in a day centre.
      (4) "Relevant social work" means social work which is required in connection with any health, education or social services provided by any person.
 
 
Registration
The register.     52. - (1) Each Council shall maintain a register of social care workers.
 
      (2) The register shall consist of-
 
 
    (a) a part relating to persons engaged in relevant social work; and
 
    (b) such other parts (if any) relating to other descriptions of social care worker as the appropriate Minister may by order determine;
  and in this Part references to parts of the register shall be read accordingly.
 
      (3) The appropriate Minister may by order provide for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.
 
      (4) The appropriate Minister shall consult the Council before making, varying or revoking any order under this section.
 
Applications for registration.     53. - (1) An application for registration under this Part shall be made to the Council in accordance with rules made by it.
 
      (2) An application under subsection (1) shall specify the part of the register in which registration is sought and such other matters as may be required by the rules.
 
Grant or refusal of registration.     54. - (1) If the Council is satisfied that the applicant-
 
 
    (a) is of good character;
 
    (b) is in good health, both physically and mentally; and
 
    (c) satisfies the following conditions,
  it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.
 
      (2) The first condition is that-
 
 
    (a) in the case of an applicant for registration in the part of the register mentioned in section 52(2)(a)-
 
      (i) he has successfully completed a course approved by the Council under section 59,
 
      (ii) he satisfies the requirements of section 60; or
 
      (iii) he satisfies any requirements as to training which the Council may by rules impose;
 
    (b) in the case of any other person, he satisfies any requirements as to training which the Council may by rules impose.
      (3) The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.
 
Removal etc. from register.     55. - (1) Each Council shall by rules determine circumstances in which, and the means by which-
 
 
    (a) a person may be removed from a part of the register, whether or not for a specified period;
 
    (b) a person who has been removed from a part of the register may be restored to that part;
 
    (c) a person's registration in a part of the register may be suspended for a specified period;
 
    (d) the suspension of a person's registration in a part of the register may be terminated;
 
    (e) an entry in the register may be removed, altered or restored.
      (2) The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.
 
      (3) The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.
 
      (4) Where a person's registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.
 
Rules about registration.     56. - (1) A Council may by rules make provision-
 
 
    (a) as to the keeping of the register;
 
    (b) as to the documentary and other evidence to be produced, and the fees to be paid, by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;
 
    (c) for a person's registration to remain effective without limitation of time (subject to removal from the register in accordance with rules made by virtue of section 55) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.
      (2) A Council may also make rules requiring persons registered under this Part to pay an annual fee to the Council of such amount, and at such a time, as the rules may specify.
 
 
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