December 2009 Plenary Meetings of the Permanent Council
A local authority in England must, in carrying out functions in relation to the children and young people mentioned in subsection (2), have regard to the need—
to act in the best interests, and promote the physical and mental health and well-being, of those children and young people;
to encourage those children and young people to express their views, wishes and feelings;
to take into account the views, wishes and feelings of those children and young people;
to help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;
to promote high aspirations, and seek to secure the best outcomes, for those children and young people;
for those children and young people to be safe, and for stability in their home lives, relationships and education or work;
to prepare those children and young people for adulthood and independent living.
The children and young people mentioned in this subsection are—
children who are looked after by a local authority, within the meaning given by section 22(1) of the Children Act 1989;
relevant children within the meaning given by section 23A(2) of that Act;
persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act.
In this section—
“local authority in England” means—
A member holds and vacates office in accordance with the terms of the member’s appointment (subject as follows).
The Health and Social Work Professions Order 2001 (SI 2002/254) is amended as follows.
In section 126 of the National Health Service Act 2006, for subsection (4A) substitute—
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
A member may resign by giving written notice to the Secretary of State.
Article 3 is amended as follows. In paragraph (5)(b)— Omit paragraph (5AA).
“11 The register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017 The registrar appointed under section 39(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England”.
The Secretary of State may by notice in writing remove a member who—
has without reasonable excuse failed to discharge the functions of his or her office, or
in the opinion of the Secretary of State is otherwise unable or unfit to carry out his or her duties.
In article 6(3)(aa), omit “or social work”.
In Schedule 3, in paragraph 16(4), after paragraph (l) insert—
In article 7(4), omit “or social work”.
Article 9 is amended as follows. Omit paragraph (3A). In paragraph (8), omit “or social work”.
Article 10 is amended as follows. In paragraph (6), omit “or social work”. Omit paragraph (7).
In article 11A, omit paragraph (11).
Article 12 is amended as follows. In paragraph (1)— In paragraph (2)—
Article 13 is amended as follows. In paragraph (1), omit “or (1B)”. Omit paragraph (1B).
For the heading of article 13A substitute “Visiting health professionals from relevant European States”.
Omit article 13B.
In article 19(2A)(b), omit “or social work”.
In article 20, omit the words from “; but the reference” to the end.
Article 37 is amended as follows. In paragraph (1)(aa), omit “or social work”. Omit paragraph (1B). In paragraph (5A)(a), omit the words from “or registered as a social worker” to the end of that sub-paragraph. In paragraph (8), omit “(other than a hearing on an appeal relating to a social worker in England)”. Omit paragraph (8A).
Article 38 is amended as follows. Omit paragraph (1ZA). In paragraph (4), omit “(subject to paragraph (5))”. Omit paragraph (5).
In article 39, omit paragraph (1A).
In Schedule 1, in paragraph 1A(1)(b), omit paragraph (ia) (but not the “and” at the end).
In Schedule 3, paragraph 1 is amended as follows. In the definition of “visiting health or social work professional from a relevant European state”, omit “or social work” in both places. In the definition of “relevant professions”, omit “social workers in England;”. Omit the definition of “social worker in England”.
“register” means a register mentioned in section 39(1) or (2) (and related expressions are to be read accordingly);
a London borough council;
the Common Council of the City of London (in their capacity as a local authority);
The regulator is to consist of—
a chair appointed by the Secretary of State, and
such other members as the Secretary of State may appoint.
The application of the regulator’s seal must be authenticated by the signature of—
a member of the regulator, or
any other person who is authorised (generally or specially) for that purpose.
A document purporting to be duly executed under the seal of the regulator—
is to be received in evidence, and
is to be treated as so executed unless the contrary is shown.
a county council in England;
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
eligible children within the meaning given by paragraph 19B of Schedule 2 to the Children Act 1989;
Section 10
The Children Act 1989 is amended as follows.
In section 124(9) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (restrictions on arrangements for children to live outside England and Wales), after “does not apply” insert —.
“Children and Social Work Act 2017 Section 2 Local offer for care leavers.
Social Work England.
Section 25 (use of accommodation in England for restricting liberty of children looked after by English and Welsh local authorities)— In subsection (1)— In subsection (2)— After subsection (5) insert— In subsection (7)— After subsection (8) insert—
In paragraph 1(2)(a) of Schedule 2 to the Children Act 1989 (information to be published by a local authority), in paragraph (i), for “, 23B to 23D, 24A and 24B” substitute “and 23D”.
In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children to live abroad), after “does not apply” insert— .
In section 135(1)(e) of the Education and Inspections Act 2006 (functions subject to inspection), for “or the Adoption and Children Act 2002 (c. 38)” substitute “, the Adoption and Children Act 2002 or section 2 of the Children and Social Work Act 2017”.
In section 30 of the Children and Families Act 2014 (local offer for children and young people who have special educational needs or a disability), for “local offer”, in each place it occurs (including the title), substitute “SEN and disability local offer”.
The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended as follows.
In regulation 1—
in the heading, for “and commencement” substitute “ , commencement and extent ”;
the existing text becomes paragraph (1);
after that paragraph insert—
In regulation 2(1) (interpretation), in the definition of “children's home”, for the words from “means” to the end, substitute “means—
a private children's home, a community home or a voluntary home in England, or
an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968”.
For regulation 3 substitute—
In regulation 17 (records), in the words before paragraph (a), after “children's home” insert “ in England ”.
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205) are amended as follows.
The amendments made by this Schedule to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.
A committee or sub-committee of the regulator may include persons who are not members of the regulator. The regulator may pay such remuneration and allowances as the Secretary of State may determine to any person who—
In section 3 of the Video Recordings Act 1984, omit subsection (11A).
In section 69(1) of the Data Protection Act 1998, in paragraph (h), omit the words from “, except in so far” to the end.
In regulation 5 (maximum period in secure accommodation), after paragraph (2) insert—
In regulation 15 (records to be kept by managers of secure accommodation in Scotland), after paragraph (2) insert—
Sections 11 and 31
In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the entry relating to the Children Act 2004—
for “13 to 16” substitute “16A to 16Q”;
omit “targets for”;
omit “, and to Local Safeguarding Children Boards”.
Section 83 of the Children Act 1989 (research and returns of information) is amended as follows. In subsection (1), in paragraph (aa), for “of Local Safeguarding Children Boards;” substitute of—. In subsection (2) omit paragraph (aa). In subsection (3) omit paragraph (c) (and the “and” before it).
Section 31 of the Children and Young Persons Act 2008 (supply of information concerning deaths of children) is amended as follows. In subsections (2) and (4), for “appropriate Board” substitute “appropriate authority”. In subsection (5), for “Subsection (6) applies” substitute “Subsections (5A) and (6) apply”. After subsection (5) insert— In subsection (6)— In subsection (7)(c), for “subsection” substitute “subsections (5A) and”. After subsection (8) insert— In subsection (9) omit “Each Local Safeguarding Children Board in England and”. Subsection (10) is amended as follows. In the definition of “the appropriate Board”— At the appropriate place insert—. Omit the definition of “Local Safeguarding Children Board in England”.
Section 36
a district council;
The regulator is not to be regarded— The members and staff of the regulator are not to be regarded as Crown servants.
The regulator may delegate functions to a committee, sub-committee, member or member of staff. The functions that may be delegated under sub-paragraph (1)—
The regulator may delegate functions to any other person if— The functions that may be delegated under sub-paragraph (1) do not include— The terms of a delegation under sub-paragraph (1) may include terms requiring payments by the regulator.
A function may be delegated under paragraph 13 or 14— A delegation does not prevent the regulator (or the person making the delegation, if different) from exercising the function or making other arrangements for its exercise. A delegation does not affect any liability or responsibility of the regulator for the exercise of its functions.
relevant children within the meaning given by section 23A(2) of that Act;
The regulator must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State. The chief executive is an employee of the regulator. The Secretary of State may appoint the first chief executive.
The regulator may appoint other staff.
The regulator’s staff may be appointed on such terms, including relating to remuneration and pension arrangements, as the regulator may decide. The regulator must obtain the Secretary of State’s approval for any terms relating to remuneration or pension arrangements.
Section 56
The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
Section 25 (the Professional Standards Authority for Health and Social Care) is amended as follows. In subsection (3), after paragraph (gb) (but before the “and” at the end) insert—. For subsection (3A) substitute— In subsection (3B) for the definition of “the social work profession in England” and “social care workers in England” substitute—
Section 25A (funding of the Authority) is amended as follows. In subsection (1), after “regulatory body” insert “, other than Social Work England,”. At the end of the heading insert “by bodies other than Social Work England”.
After section 25A insert—
In section 25C (appointments to regulatory bodies), in subsection (7), after “Northern Ireland” insert “or Social Work England”.
Section 25D (power of regulatory bodies to establish voluntary registers) is amended as follows. In subsection (1), after “regulatory body” insert “other than Social Work England”. In subsection (2), omit paragraph (b) and the “or” before it.
In section 25E (section 25D: interpretation), omit subsections (10) and (11).
In section 25F (establishment of voluntary register: impact assessment), in subsection (3)(c), for “, users of social care in England and users of social work services in England” substitute “and users of social care in England”.
In section 25G (power of the Authority to accredit voluntary registers), after subsection (9) insert—
In section 25H (accreditation of voluntary register: impact assessment), in subsection (3)(c), for “, users of social care in England and users of social work services in England” substitute “and users of social care in England”.
In section 25I (functions of the Authority in relation to accredited voluntary registers), in subsection (1)(a), omit “, users of social work services in England”.
Section 26A (powers of Secretary of State and devolved administrations) is amended as follows. In subsection (1D), omit paragraph (b). For subsection (1E) substitute—
In section 27 (regulatory bodies and the Authority), in subsection (2), after “regulatory body” insert “other than Social Work England”.
In section 28 (complaints), in subsection (1), after “regulatory body” insert “other than Social Work England”.
Section 29 (reference to disciplinary cases by the Authority to court) is amended as follows. After subsection (2) insert— For subsection (5A) substitute—
Section 38 (regulations and orders) is amended as follows. In subsection (2), after “other than” insert “regulations under 29(2A) or”. In subsection (3), after “28” insert “or 29(2A)”.
Section 62
In section 18(e) of the London County Council (General Powers) Act 1920, after “under the Health and Social Work Professions Order 2001” insert “or section 39(1) of the Children and Social Work Act 2017”.
In the Health and Social Care Act 2012 omit sections 213, 215 and 216.
the Council of the Isles of Scilly;
In section 58 of the Medicines Act 1968, omit subsection (1ZA).
In Part 2 of Schedule 9 to the Value Added Tax Act 1994, in the Notes to Group 7, omit note (2ZA).
In section 10 of the Adoption and Children Act 2002, in subsection (2), for “, one of the registers maintained under” substitute — Until the coming into force of the amendment made by sub-paragraph (1), section 10(2) of the Adoption and Children Act 2002 is to have effect as if the reference to the registers mentioned there included a reference to the part of the register maintained under article 5 of the Health and Social Work Professions Order 2001 that relates to social workers in England.
In section 80 of the National Health Service (Wales) Act 2006, for subsection (4A) substitute—
“local authority in England” means—
In section 30A(6) of the Protection of Vulnerable Groups (Scotland) Act 2007—
omit “the social work profession in England or”;
for “each of those expressions having the same meaning as in” substitute “within the meaning of”.
The Regulation and Inspection of Social Care (Wales) Act 2016 is amended as follows.
In section 111(4)(b)—
in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
“local authority in England” means—
In section 117(4)(a)—
in the Welsh text, after “Gofal” insert “neu Waith Cymdeithasol Lloegr”;
in the English text, after “Council” insert “or Social Work England”.
In section 119(4)(a)(ii)—
in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
In section 125(5)(a)(ii)—
in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
In section 174(5)(a)(ii)—
in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
For the title to the Health and Social Work Professions Order 2001 (SI 2002/254) substitute “Health Professions Order 2001”.
In article 1(1) of that Order (citation), for “the Health and Social Work Professions Order 2001” substitute “the Health Professions Order 2001”.
In the following provisions, for “the Health and Social Work Professions Order 2001” substitute “the Health Professions Order 2001”—
section 18(e) of the London County Council (General Powers) Act 1920;
section 3(11) of the Video Recordings Act 1984;
114ZA(4) of the Mental Health Act 1983;
paragraph (E) in the entry for the London County Council (General Powers) Act 1920 in Schedule 2 to the Greater London Council (General Powers) Act 1984;
paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local Authorities Act 1991;
item 1(c) in Group 7, in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
section 69(1)(h) of the Data Protection Act 1998;
section 60(2)(c) of the Health Act 1999;
sections 25C(8)(h) and 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
section 126(4)(a) of the National Health Service Act 2006;
section 80(4)(a) of the National Health Service (Wales) Act 2006;
entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
In the definition of “registered psychologist” in each of the following provisions, for “the Health and Social Work Professions Order 2001” substitute “the Health Professions Order 2001”—
section 307(1) of the Criminal Procedure (Scotland) Act 1995;
section 207(6) of the Criminal Justice Act 2003;
section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
section 25 of the Gender Recognition Act 2004.
A local authority in England must have regard to any guidance given by the Secretary of State as to the performance of the duty under subsection (1).
A local authority in England must publish information about—
services which the local authority offers for care leavers as a result of its functions under the Children Act 1989;
other services which the local authority offers that may assist care leavers in, or in preparing for, adulthood and independent living.
For the purposes of subsection (1), services which may assist care leavers in, or in preparing for, adulthood and independent living include services relating to—
health and well-being;
relationships;
education and training;
employment;
accommodation;
participation in society.
Where it considers appropriate, a local authority in England must publish information about services for care leavers offered by others which the local authority has power to offer as a result of its functions under the Children Act 1989.
Information required to be published by a local authority under this section is to be known as its “local offer for care leavers”.
A local authority must update its local offer for care leavers from time to time, as appropriate.
Before publishing its local offer for care leavers (or any updated version) a local authority must consult relevant persons about which of the services offered by the local authority may assist care leavers in, or in preparing for, adulthood and independent living.
In this section—
a London borough council;
the Council of the Isles of Scilly;
The Children Act 1989 is amended as follows.
After section 23CZA insert—
In section 23CA (further assistance to pursue education or training) for subsection (2) substitute—
In section 23D (personal advisers) after subsection (2) insert—
Section 23E (pathway plans) is amended as follows.
In subsection (1) (contents of pathway plan), after paragraph (a) (but before the “and” at the end) insert—.
After subsection (1) insert—
In subsection (1A) (statutory assessments that may be carried out at the same time as assessment relating to a pathway plan) after “23B(3)” insert “ , 23CZB(5) ”.
In subsection (1B) (regulations about assessments) after “23B(3)” insert “ , 23CZB(5) ”.
In subsection (1D) (pathway plans to be kept under review) after “23B” insert “ , 23CZB ”.
Before section 23ZA of the Children Act 1989 (and the italic heading before it) insert—
After section 20 of the Children and Young Persons Act 2008 insert—
After section 2D of the Academies Act 2010 insert—
After section 2 of the Academies Act 2010 insert— “ Provision to be included in Academy agreements ”.
In section 20 of the Children and Young Persons Act 2008 (designated staff member for looked after pupils) after subsection (2) insert—
In section 31 of the Children Act 1989 (care and supervision orders), for subsection (3B) substitute—
In section 1(4) of the Adoption and Children Act 2002 (matters to which court is to have regard in coming to a decision relating to the adoption of a child), in paragraph (f) (relationships), after “relatives,” in the first place it occurs, insert “ with any person who is a prospective adopter with whom the child is placed, ”.
Schedule 1 contains amendments relating to—
the placement by local authorities in England and Wales of children in secure accommodation in Scotland, and
the placement by local authorities in Scotland of children in secure accommodation in England and Wales.
Schedule 2 contains amendments consequential on this Chapter.
In the Children Act 2004, before section 17 insert—
In the Children Act 2004, after section 16A (inserted by section 12), insert—
In the Children Act 2004, after section 16B (inserted by section 13), insert—
In the Children Act 2004, after section 16C (inserted by section 14), insert—
After section 16D of the Children Act 2004 (inserted by section 15 of this Act) insert—
After section 16E of the Children Act 2004 (inserted by section 16 of this Act) insert—
After section 16F of the Children Act 2004 (inserted by section 17 of this Act) insert—
After section 16G of the Children Act 2004 (inserted by section 18 of this Act) insert—
After section 16H of the Children Act 2004 (inserted by section 19 of this Act) insert—
After section 16I of the Children Act 2004 (inserted by section 20 of this Act) insert—
After section 16J of the Children Act 2004 (inserted by section 21 of this Act) insert—
After section 16K of the Children Act 2004 (inserted by section 22 of this Act) insert—
After section 16L of the Children Act 2004 (inserted by section 23 of this Act) insert—
After section 16M of the Children Act 2004 (inserted by section 24 of this Act) insert—
After section 16N of the Children Act 2004 (inserted by section 25 of this Act) insert—
After section 16O of the Children Act 2004 (inserted by section 26 of this Act) insert—
After section 16P of the Children Act 2004 (inserted by section 27 of this Act) insert—
In section 66(3) of the Children Act 2004 (regulations subject to affirmative procedure), after “12B(1)(b)” insert “ , 16B (whether alone or with regulations under section 16F), 16E(3) ”.
Omit sections 13 to 16 of the Children Act 2004 (Local Safeguarding Children Boards).
Schedule 2 contains amendments consequential on this Chapter.
Part 5A of the Employment Rights Act 1996 is amended as follows.
In the Part heading omit “in the Health Service”.
In section 49B, in the heading, at the beginning insert “ The health service: ”.
After section 49B insert—
In section 230(6) (interpretation of references to employees, workers etc) for “and 49B(10)” substitute “ , 49B(10) and 49C(12) ”.
In section 236(3) (orders and regulations subject to affirmative procedure) after “49B,” insert “ 49C, ”.
In section 50 of the Children Act 2004 (powers of the Secretary of State to secure proper performance etc), after subsection (6) insert—
In section 15 of the Childcare Act 2006 (powers of the Secretary of State to secure proper performance etc), after subsection (6) insert—
The Secretary of State may by regulations impose requirements on English local authorities about the use of agency workers in connection with the children’s social care functions of those authorities.
An “agency worker” is an individual—
who is supplied by a person (the “agent”) to do work for another person (a “principal”) under arrangements between the agent and the principal, and
who is not, as respects that work, a worker of the principal because of the absence of a worker’s contract between the individual and the principal.
The “children’s social care functions” of an English local authority are its functions under any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970, so far as those functions relate to persons under the age of 18.
The regulations may, in particular—
require that agency workers used in connection with the children’s social care functions of an English local authority meet specified requirements;
make provision about the way in which such agency workers may be managed;
make provision about the terms on which such agency workers may be supplied to English local authorities (including the amounts which may be paid under such arrangements).
Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Regulations under this section are subject to the affirmative resolution procedure.
In this section—
The Secretary of State must by regulations make provision requiring—
relationships education to be provided to pupils of compulsory school age receiving primary education at schools in England;
relationships and sex education to be provided (instead of sex education) to pupils receiving secondary education at schools in England.
The regulations must include provision—
requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education and to review the guidance from time to time;
requiring proprietors of schools to have regard to the guidance;
requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;
about the circumstances in which a pupil (or a pupil below a specified age) is to be excused from receiving relationships and sex education or specified elements of that education.
The regulations must provide that guidance given by virtue of subsection (2)(a) is to be given with a view to ensuring that when relationships education or relationships and sex education is given—
the pupils learn about—
safety in forming and maintaining relationships,
the characteristics of healthy relationships, and
how relationships may affect physical and mental health and well-being, and
the education is appropriate having regard to the age and the religious background of the pupils.
The regulations may make further provision in connection with the provision of relationships education, or relationships and sex education.
Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The regulations may amend any provision (including provision conferring powers) that is made by or under—
section 342 of the Education Act 1996;
Chapter 4 of Part 5 of the Education Act 1996;
Schedule 1 to the Education Act 1996;
Part 6 of the Education Act 2002;
Chapter 1 of Part 4 of the Education and Skills Act 2008;
the Academies Act 2010.
Any duty to make provision by regulations under subsection (1) may be discharged by making that provision by regulations under another Act, so long as the Secretary of State consults such persons as the Secretary of State considers appropriate before making the regulations under that Act.
The provision that may be made by regulations under subsection (1) by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).
Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.
Other regulations under subsection (1) are subject to the negative resolution procedure.
Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.
The Secretary of State may by regulations make provision requiring personal, social, health and economic education (beyond that required by virtue of section 34) to be provided—
to pupils of compulsory school age receiving primary education at schools in England;
to pupils receiving secondary education at schools in England.
The regulations may include—
provision requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education;
provision requiring proprietors of schools to have regard to that guidance;
provision requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;
further provision in connection with the provision of the education.
Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The regulations may amend any provision (including provision conferring powers) that is made by or under—
section 342 of the Education Act 1996;
Chapter 4 of Part 5 of the Education Act 1996;
Schedule 1 to the Education Act 1996;
Part 6 of the Education Act 2002;
Chapter 1 of Part 4 of the Education and Skills Act 2008;
the Academies Act 2010.
The provision that may be made by regulations under subsection (1) by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).
Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.
Other regulations under subsection (1) are subject to the negative resolution procedure.
Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.
A power to make provision under this section does not limit any power to make provision of the same kind under another Act.
A body corporate called Social Work England is established.
Social Work England is referred to in this Part as “the regulator”.
Schedule 3 makes further provision about the regulator.
The Secretary of State may by regulations rename Social Work England.
Regulations under subsection (4) may include consequential amendments to any provision contained in or made under this or any other Act.
The over-arching objective of the regulator in exercising its functions is the protection of the public.
The pursuit by the regulator of its over-arching objective involves the pursuit of the following objectives—
to protect, promote and maintain the health, safety and well-being of the public;
to promote and maintain public confidence in social workers in England;
to promote and maintain proper professional standards for social workers in England.
The Secretary of State may by regulations—
permit or require the regulator to appoint one or more people or panels of people to advise the regulator on matters relating to its functions, and
make provision about the functions of people or panels so appointed.
The regulations may make further provision in connection with the appointment of a person or panel.
For example, the regulations may make provision about—
payments to be made to those appointed;
staff, facilities or other assistance.
The regulator must keep a register of social workers in England.
The Secretary of State may by regulations require the regulator to keep a register of people who are undertaking education or training in England to become social workers.
The Secretary of State may by regulations—
authorise the regulator to appoint a member of staff as a registrar;
make provision about the functions of the registrar;
make other provision in connection with the keeping of a register.
For example, the regulations may make provision about—
eligibility for registration or continued registration;
the combination of the registers mentioned in subsections (1) and (2);
categories of registration;
the procedure for dealing with registration applications;
expiry and renewal of entries;
the content of the register;
duties to provide information to the regulator;
suspension or removal from the register;
restoration of entries;
appeals against decisions in connection with registration;
publication of, or access to, the register or information contained in it;
the procedure for considering, investigating or determining any matter in connection with the register or registration (including standards of proof);
evidence in legal proceedings of matters contained in the register (including provision for a certificate to be conclusive proof).
The Secretary of State may by regulations impose prohibitions or restrictions in connection with—
the carrying out of social work in England;
the use, in relation to social work in England, of titles or descriptions specified in the regulations;
the holding out of a person as qualified to carry out social work in England.
The regulator must determine and publish professional standards for social workers in England.
If the regulator is required to keep a register of students, it must determine and publish standards of conduct or ethics for registered students.
Before determining a standard under this section the regulator must—
consult such persons as the regulator considers appropriate, and
obtain the Secretary of State's approval of the standard.
The Secretary of State may by regulations make provision about arrangements for assessing whether a person meets a professional standard under subsection (1) relating to proficiency.
If the Secretary of State has made regulations under section 48(1)(a) (transfer to the regulator of functions in connection with approved mental health professionals), the reference in subsection (1) to professional standards for social workers in England includes professional standards relating to their work as approved mental health professionals.
The Secretary of State may—
determine and publish improvement standards for social workers in England;
carry out assessments of whether people meet improvement standards under paragraph (a).
The Secretary of State may make arrangements for another person to do any or all of those things (and may make payments to that person).
The Secretary of State must consult such persons as the Secretary of State considers appropriate before determining a standard under subsection (1)(a).
In this section “improvement standard” means a professional standard the attainment of which demonstrates particular expertise or specialisation.
Nothing in this section limits anything in section 41.
The regulator must, in relation to people who are or who wish to become social workers in England, determine and publish standards of education or training.
Before determining a standard under this section the regulator must—
consult such persons as the regulator considers appropriate, and
obtain the Secretary of State's approval of the standard.
The Secretary of State may by regulations make provision for the regulator to operate a scheme for the approval of—
courses of education or training for people who are or who wish to become social workers in England;
qualifications for people who are or who wish to become social workers in England.
The regulations may make provision in connection with the approval scheme.
For example, the regulations may make provision about—
the criteria for approval or continued approval;
the procedure for approval or renewal of approval;
duties to provide information to the regulator;
inspections in connection with the approval or continued approval of courses or qualifications (including provision for the appointment of people to carry out inspections);
appeals against decisions in connection with approval;
the publication of the scheme.
The provision that may be made under the regulations about the appointment of people to carry out inspections includes provision about—
payments to be made to those appointed;
staff, facilities or other assistance.
The regulator must—
make arrangements for protecting the public from social workers in England whose fitness to practise is impaired, and
make arrangements for taking other disciplinary action against social workers in England.
The Secretary of State may by regulations require the regulator to make arrangements for taking disciplinary action against registered students.
The Secretary of State may by regulations make further provision about—
fitness to practise as a social worker in England,
discipline of social workers in England or registered students, and
the arrangements to be made under subsection (1) or (2).
For example, the regulations may make provision about—
the person by whom decisions about discipline or fitness to practise are to be taken on behalf of the regulator;
the appointment of assessors, examiners or legal or other advisers;
the circumstances in which disciplinary action may be taken or the circumstances in which a person's fitness to practise is impaired;
the procedure for considering, investigating or determining disciplinary matters or fitness to practise (including standard of proof);
powers to obtain information;
temporary measures that may be taken against a person pending the outcome of an investigation;
sanctions;
appeals against decisions;
publication of decisions.
The provision that may be made about persons appointed under the regulations includes provision about—
payments to those persons;
staff, facilities or other assistance.
The Secretary of State may by regulations create offences in connection with—
registration in a register mentioned in section 39;
prohibitions or restrictions imposed under section 40 (restrictions on practice and protected titles);
failing to comply with a requirement to provide documents or other information or to attend and give evidence under regulations under section 39 or 44;
providing false or misleading information or evidence in response to a requirement under regulations under section 39 or 44.
The regulations—
must provide for the offences to be triable summarily only, and
may not provide for the offences to be punishable with imprisonment.
The Secretary of State may take such steps as the Secretary of State considers appropriate—
to ensure that adequate provision is made for social work training, and
to encourage individuals resident in England to undertake social work training.
The power under subsection (1) may, in particular, be used to provide financial or other assistance (subject to any conditions the Secretary of State thinks are appropriate)—
for individuals resident in England to undertake social work training;
for organisations providing social work training.
Functions of the Secretary of State under this section may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.
For the purpose of determining— Part 2 of the Deregulation and Contracting Out Act 1994 has effect as if the authorisation were given by virtue of an order under section 69 of that Act; and in subsection (3) “employee” has the same meaning as in that Part.
the terms and effect of an authorisation under subsection (3), and
the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,
In this section “social work training” means education or training that is suitable for people who are or wish to become social workers in England.
The Secretary of State may direct a Special Health Authority to exercise functions under section 46(1)(b) so far as relating to the provision of financial or other assistance.
The National Health Service Act 2006 has effect as if—
any direction under subsection (1) were a direction under section 7 of that Act, and
any functions exercisable by the Special Health Authority by virtue of a direction under subsection (1) were exercisable under that section.
Directions under subsection (1)—
must be given by an instrument in writing, and
may be varied or revoked by subsequent directions.
The Secretary of State may by regulations amend section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) for the purposes of—
transferring the functions of the Health and Care Professions Council under that section to the regulator;
giving the regulator power to charge fees for approving courses under that section.
The regulations may include further provision in connection with the approval of courses or charging of fees by the regulator under that section.
For example, the regulations may—
authorise the regulator to arrange for another person to exercise functions on the regulator's behalf;
make provision about the setting of criteria for the approval or continued approval of courses;
make provision about inspections in connection with the approval or continued approval of courses (including provision for the appointment of people to carry out inspections);
make provision about the procedure for approval or renewal of approval;
make provision about duties to provide information;
make provision about appeals against decisions in connection with approval;
make provision limiting the regulator's power to approve courses run outside the United Kingdom to those run by institutions approved by the regulator or approved by a person with whom the regulator has made arrangements.
The provision that may be made under the regulations about the appointment of people to carry out inspections includes provision about—
payments to be made to those appointed;
staff, facilities or other assistance.
If the regulations give the regulator power to charge fees, section 50(2) to (7) apply for the purposes of this section as they apply for the purposes of that section.
Paragraph 130 of Schedule A1 to the Mental Capacity Act 2005 (assessments in connection with deprivation of liberty: regulations about selection, and eligibility, of persons to carry out assessments) is amended as follows.
After sub-paragraph (2) insert—
In sub-paragraph (3)—
at the beginning insert “ In relation to Wales ”;
for “the appropriate authority” substitute “ the Welsh Ministers ”.
Omit sub-paragraph (4).
The Secretary of State may by regulations confer power on the regulator to charge fees in connection with—
registration or continued registration in a register mentioned in section 39;
assessing whether a person meets a professional standard relating to proficiency as mentioned in section 41(4);
approval or continued approval in accordance with a scheme mentioned in section 43.
The regulator is responsible for setting the level of fees in accordance with any provision made by the regulations.
Before determining the level of any fee the regulator must—
consult any persons they consider appropriate, and
obtain the approval of the Secretary of State.
The regulations may authorise fees to be set at a level that exceeds the cost of the things in respect of which they are charged.
But the regulations must require the level of any fees to be set with a view to ensuring that, so far as possible, the regulator's fee income does not exceed its expenses (taking one year with another).
Regulations under this section may include provision about the collection and recovery of fees.
The regulations must require the regulator to pay any fee income to the Secretary of State unless the Secretary of State, with the consent of the Treasury, directs otherwise.
The Secretary of State may make grants to the regulator.
A grant under this section may be made subject to any conditions the Secretary of State thinks are appropriate.
The regulator may publish or disclose information about any matter relating to its functions or give advice about any matter relating to its functions.
The Secretary of State may by regulations —
make provision requiring the regulator to publish or disclose information, or give advice, under subsection (1);
make other provision supplementing subsection (1).
The regulator must where appropriate co-operate with the following in the exercise of its functions—
Social Care Wales,
the Scottish Social Services Council,
the Northern Ireland Social Care Council, and
any other person specified in regulations made by the Secretary of State.
Until section 67(3) of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) comes fully into force, the reference in subsection (1)(a) to Social Care Wales is to be read as a reference to the Care Council for Wales.
The regulator must provide any information that the Secretary of State requests in relation to the exercise of the regulator's functions.
The Secretary of State may give the regulator a remedial direction if the regulator—
has defaulted in performing any functions and has not remedied the default, or
is likely to default in performing any function.
The Secretary of State may by regulations make further provision about remedial directions and their enforcement.
For example, the regulations may make provision about—
the procedure for determining whether the regulator has defaulted or is likely to default;
the procedure for giving remedial directions;
the steps that the Secretary of State may take if the regulator fails to comply with a remedial direction (which may include doing anything that the regulator can do);
the payment by the regulator of any expenses incurred by the Secretary of State (including expenses incurred in making payments to anyone acting on the Secretary of State's behalf).
Schedule 4 contains amendments to give the Professional Standards Authority for Health and Social Care functions to oversee the regulator.
Regulations under this Part may be used to confer functions on the regulator or a Minister of the Crown.
Regulations under this Part may confer discretions on the regulator or a Minister of the Crown.
Regulations under this Part may—
confer power on the regulator to make rules;
make provision in connection with the procedure for making those rules (including provision requiring the regulator to obtain the Secretary of State's approval before making rules of a specified description).
The provision that may be made in regulations under this Part by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under an Act or any other instrument or document (whenever passed or made).
Before making regulations under this Part the Secretary of State must carry out a public consultation.
Where the Secretary of State lays a draft of an instrument containing regulations under this Part before Parliament, it must be accompanied by a report by the Secretary of State about the consultation.
The duties imposed by subsections (1) and (2) do not apply to regulations under section 36 (renaming of Social Work England).
The duties imposed by subsections (1) and (2) do not apply where the regulations amend other regulations and, in the opinion of the Secretary of State, they do not make any substantial change.
Regulations under section 36 (renaming of Social Work England) are subject to the negative resolution procedure.
Any other regulations under this Part are subject to the affirmative resolution procedure.
The Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Health and Care Professions Council (the “old regulator”) to Social Work England.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by the old regulator in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the old regulator in respect of anything transferred;
make provision for references to the old regulator in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
A transfer scheme may provide—
for modification by agreement;
for modifications to have effect from the date when the original scheme came into effect.
In subsection (3)(f), “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
In this section—
references to rights and liabilities include rights and liabilities relating to a contract of employment;
references to the transfer of property include the grant of a lease.
The Health Act 1999 is amended as follows.
In section 60 (regulation of health professions, social workers, other care workers etc)—
in subsection (1), omit paragraphs (ba) and (bb);
in subsection (2), in paragraphs (c) and (d), omit “(other than the social work profession in England)”;
omit subsection (2ZA);
in subsection (2ZC), omit paragraph (o);
for subsection (2ZE) substitute—;
in the heading, for “, social workers, other care” substitute “ and social care ”.
In section 60A (standards of proof in fitness to practise proceedings)—
in subsection (2A), omit paragraph (b);
in subsection (2A)(c), for “that section” substitute “ section 60 ”;
in subsection (3), omit “or the social work profession in England (within the meaning given in section 60(2ZA)”.
In Schedule 3 (regulation of health care and associated professions)—
“social care work in England” and “social care workers in England” have the meaning given by section 60.
in paragraph 11(2A)(b), for “members of the social work profession in England” substitute “ engaging in social work in England ”.
Schedule 5 contains further minor and consequential amendments relating to this Part.
In this Part—
the Council of the Isles of Scilly;
In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible), after “23C,” insert “23CZB,”.
In section 4 of the London Local Authorities Act 1991, in paragraph (c) of the definition of “establishment for special treatment”, after “under the Health and Social Work Professions Order 2001” insert “or section 39(1) of the Children and Social Work Act 2017”.
The Care Standards Act 2000 is amended as follows.
In section 343(2) of the Income Tax (Earning and Pensions) Act 2003, in paragraph 1 of the Table, after sub-paragraph (r) insert—
In section 257(3) of the Armed Forces Act 2006, for paragraph (a) substitute—.
In section 2 of the Children and Young Persons Act 2008, in subsection (6), for paragraph (a) substitute—. Until the coming into force of the amendment made by sub-paragraph (1), section 2(6)(a) of the Children and Young Persons Act 2008 is to have effect as if the reference to the register mentioned there were to a register maintained under article 5 of the Health and Social Work Professions Order 2001.
In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship offer: application to persons provided with support under Children Act 1989)—
for “21” substitute “25”;
after “23C” insert “or 23CZB”.
Section 55 is amended as follows. In subsection (2) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016, omit paragraph (a). Until the coming into force of the substitution of subsection (2) by the Regulation and Inspection of Social Care (Wales) Act 2016, the old version has effect as if in paragraph (a) after “social work” there were inserted “in Wales”. In subsection (3) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016, omit paragraph (k).
Section 67 is amended as follows. Omit subsection (1A). In subsection (2) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016— Until the coming into force of the substitution of subsection (2) by the Regulation and Inspection of Social Care (Wales) Act 2016, the old version has effect as if the words from “courses”, in the first place it occurs, to “social workers” were omitted.
“approved mental health professional” has the meaning given by section 114 of the Mental Health Act 1983;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“the regulator” has the meaning given by section 36;
proficiency;
In Article 7 of the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465) (compulsory supervision orders and interim compulsory supervision orders), after paragraph (2) insert—
“social work in England” means social work which is required in connection with any health, education, or social services provided in England;
The regulator may pay to the members such remuneration, allowances and expenses as the Secretary of State may decide.
If required to do so by the Secretary of State, the regulator must—
pay such pensions or gratuities to or in respect of any member as the Secretary of State may decide;
pay such sums as the Secretary of State may decide towards provision for the payment of pensions or gratuities to or in respect of any member.
a district council;
The regulator may determine its own procedure (including quorum).
As soon as possible after the end of each financial year, the regulator must send the Secretary of State a report on the exercise of its functions during the year.
Social Work England.
No proceeding is invalidated by—
a vacancy in the office of chair, or
a defect in the appointment of any member.
The regulator must keep proper accounts and proper records in relation to the accounts. The regulator must prepare a statement of accounts for each financial year. The statement must be in such form as the Secretary of State may direct. The regulator must send a copy of the statement to — within the time period directed by the Secretary of State. The Comptroller and Auditor General must—
The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of—
the annual report sent under paragraph 17, and
the certified statement of accounts and report sent under paragraph 18(5)(b).
In paragraphs 17 to 19 “financial year” means—
the period beginning with the day on which this Schedule comes fully into force and ending with the following 31 March, and
every subsequent period of 12 months ending with 31 March.
A person who is a member of a profession to which section 60(2) of the Health Act 1999 applies is not to be treated as a social worker in England by reason only of carrying out work as an approved mental health professional.
The Secretary of State must commission an independent person to—
review the operation of this Part during the review period, and
send a report to the Secretary of State on the findings of the review.
In carrying out the review the independent person must consult representatives of social workers in England and anyone else that the person considers appropriate.
On receiving the report the Secretary of State must lay it before Parliament.
The Secretary of State must also lay before Parliament a response to the report.
The review period is 5 years beginning with the day on which section 39(1) comes fully into force.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
Regulations under this section may amend, repeal or revoke any provision made by or under an Act passed before this Act or in the same Session.
Regulations under this section that repeal or amend a provision of an Act are subject to the affirmative resolution procedure.
Any other regulations under this section are subject to the negative resolution procedure.
Regulations under this Act are to be made by statutory instrument.
Regulations under this Act may make—
consequential, supplementary, incidental, transitional or saving provision;
different provision for different purposes.
This section does not apply to regulations under section 70.
Where regulations under this Act are subject to “the negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Where regulations under this Act are subject to “the affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.
Any provision that may be included in an instrument under this Act subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.
Section 10 and paragraphs 2, 4, 5 and 14 of Schedule 1 extend to England and Wales and Scotland.
Except as mentioned in subsection (1), any amendment or repeal made by this Act has the same extent as the provision amended or repealed.
Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.
This Part extends to England and Wales, Scotland and Northern Ireland.
The following come into force on the day on which this Act is passed—
section 10 and Schedule 1;
this Part.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Different days may be appointed for different purposes.
This Act may be cited as the Children and Social Work Act 2017.