SL(5)034 – The Social Care Wales (Content of Register) Regulations 2016

Background and Purpose

These Regulations specify information which must be included on the register under section 91(1)(c) and (d) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”).

Under section 80(1) of 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 91(1)(a) and (b) of the Act require that register to show specified information relating to each person on the register, and paragraphs (c) and (d) provide that the register must also show such other qualifications, knowledge or experience relevant to the person’s registration, and such information relating to the person’s fitness to practise, as may be specified by the Welsh Ministers by regulations.

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