SL(5)033 – The Social Care Wales (List of Persons Removed from the Register) Regulations 2016

Background and Purpose

Under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”), Social Care Wales (“SCW”) must keep a register of social workers, certain social care workers and visiting social workers from relevant European States. Section 110(1) of the Act provides that SCW must also keep a list of persons whose entries in the register have been removed in the circumstances specified in section 110(2) and (4) of the Act.

In these Regulations, the Welsh Ministers make provision about the content of the list of persons removed from the register and the publication of the list, or specified information from the list, pursuant to section 110(6) of the Act.

Procedure

Negative

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny

One point is identified for reporting under Standing Order 21.3 in respect of this instrument (Standing Order 21.3(ii): the instrument is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Assembly).

These Regulations are made under sections of the 2016 Act that are not yet in force. The Welsh Government has confirmed that the relevant sections of the 2016 Act will be commenced before 3 April 2017 (i.e. the date these Regulations come into force). Although the relevant sections of the 2016 Act are not currently in force, the Welsh Ministers can make these Regulations by relying on section 13 of the Interpretation Act 1978 which allows certain powers to be exercised before the relevant sections of the 2016 Act are commenced.

Legal Advisers

Constitutional and Legislative Affairs Committee

28 November 2016