SCHEDULE
Article 3
Savings and transitional provisions
1. Interpretation
In this Schedule—
“the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016;
“the CCW” (“CGC”) means the Care Council for Wales4;
“the CCW register” (“cofrestr CGC”) means the register maintained by the CCW under section 56 of the Care Standards Act 2000;
“SCW” (“GCC” ) means Social Care Wales5;
“the SCW register” (“cofrestr GCC”) means the register maintained by SCW under section 80 of the Act;
“social care worker” (“gweithiwr gofal cymdeithasol”) has the meaning given in section 79 of the Act;
“transferred person” (“person a drosglwyddir”) has the meaning given by paragraph 3.
2. General
Subject to the following provisions of this Schedule, on or after 3 April 2017, anything done by or in relation to the CCW so far as relating to the statutory regulation of social care workers in Wales is (where appropriate) to be treated as done by, or in relation to SCW.
3. Transfer of the CCW register
(1) Each person who immediately before the 3 April 2017 is registered on a part of the CCW register6specified in sub-paragraph (2) is, on or after that day, registered in the corresponding part of the SCW register7.
(2) The parts of the register referred to in sub-paragraph (1) are—
(a)
(a) the principal part;
(b)
(b) the added part;
(c)
(c) the visiting European part.
(3) But sub-paragraph (1) does not apply where a person is—
(a)
(a) registered in the added part of the CCW register, and
(b)
(b) falls within either of the following descriptions—
(i) an adult care home worker, or
(ii) a domiciliary care worker.
(4) A person whose name appears in the principal part, the added part, or the visiting European part of the CCW register, and whose registration has been suspended, counts for the purposes of sub-paragraphs (1) to (3) as being registered in that part of the register, but paragraph 6 makes further provision about such persons.
(5) References in the Act to an entry in the register having been included on the basis of false or misleading information are to be treated on or after 3 April 2017 as including former entries in the CCW register relating to transferred persons.
(6) A person who becomes registered in the SCW register by virtue of this paragraph is referred in this Schedule as a “transferred person”.
4. Registration subject to conditions
(1) This paragraph applies if a transferred person’s registration in the CCW register was immediately before 3 April 2017 subject to conditions imposed—
(a)
(a) on the grant of the transferred person’s application to the CCW for registration or for renewal of registration by the CCW, the Registration Committee8or the Restoration Committee9, or
(b)
(b) during, or at the conclusion of, proceedings in relation to a person’s conduct by the Investigation Committee or the Fitness to Practise Committee.
(2) If the conditions would have continued in force on 3 April 2017, that person’s registration in the SCW register continues to be subject to those conditions as if they had been imposed in the same terms and for the same duration in a conditional registration order made by an interim orders panel or fitness to practise panel10(which is to be taken to have had the power to impose such conditions).
5. Registration subject to admonishment
(1) This paragraph applies if—
(a)
(a) immediately before 3 April 2017 there was a record of an admonishment11on a transferred person’s entry in the CCW register, and
(b)
(b) the record of the admonishment would have continued on 3 April 2017.
(2) On or after 3 April 2017 that person’s registration in the SCW register is to be treated as if it is subject to a warning as to future conduct or performance, made in the same terms and for the same duration as the admonishment, issued by SCW or a fitness to practise panel12(which are to be taken to have had the power to issue such a warning).
6. Suspended registration
(1) This paragraph applies if—
(a)
(a) a transferred person’s registration in the CCW register was immediately before 3 April 2017 suspended by virtue of a suspension order imposed by the CCW’s Fitness to Practise Committee or an interim suspension order imposed by its Investigation Committee, and
(b)
(b) the suspension would have continued on 3 April 2017.
(2) On or after 3 April 2017, the person’s registration in the SCW register is to be treated as if it had been suspended on the same terms and for the same duration by order of an interim order panel or a fitness to practise panel of SCW (which is to be taken to have had the power to make such an order).
(3) Accordingly, and for so long as the suspension is treated as continuing, section 163 of the Act will apply to the person’s registration in the SCW register13.
7. Barring orders
(1) This paragraph applies if immediately before 3 April 2017 a transferred person was subject to a barring order imposed by the CCW’s Restoration Committee14.
(2) On or after 3 April 2017, the person’s right to make an application for restoration to the SCW register15is to be treated as suspended indefinitely by a direction made, on the same date as the barring order, by a registration appeals panel of SCW under section 98(4) of the Act (restoration proceedings)16.
8. Existing CCW proceedings
(1) This paragraph applies if immediately before 3 April 2017 a transferred person is—
(a)
(a) subject to proceedings before the Investigating Committee or the Fitness to Practise Committee of the CCW, or
(b)
(b) a person about whom the CCW has received information which might lead to such proceedings.
(2) Notwithstanding the provision made by article 2, on or after 3 April 2017 such proceedings or prospective proceedings are to be concluded by SCW in accordance with the provision made by the Care Council for Wales (Fitness to Practise) Rules 201417.
9. Outstanding applications for registration or renewal
(1) This paragraph applies if immediately before 3 April 2017 an application has been made to, but not determined by the CCW for—
(a)
(a) registration in the principal part, the added part or the visiting European part of the CCW register, or
(b)
(b) renewal of such a registration.
(2) On or after the 3 April 2017, such an application is to be treated as having been made to SCW for registration in the corresponding part of the SCW register, or for the renewal of such a registration.
(3) Notwithstanding the provision made by article 2, if immediately before 3 April 2017 an application is subject to proceedings before the CCW’s Registration Committee, the proceedings are to be concluded by SCW in accordance with the provision made by the Care Council for Wales (Registration) Rules 2015(b)18.
(4) But sub-paragraphs (2) and (3) do not apply to—
(a)
(a) an application for registration as an adult care home worker or a domiciliary care worker in the added part of the CCW register,
(b)
(b) the renewal of such an application, or
(c)
(c) proceedings in respect of such an application19.
10. Applications for restoration
(1) Subject to paragraph 7 and to sub-paragraph (2), a person in relation to whom a removal order was made in accordance with the Care...
