Moved by
Lord Nash
137: After Clause 61, insert the following new Schedule—
“SCHEDULE
SOCIAL WORK ENGLAND
Status
1_(1) The regulator is not to be regarded—
(a) as a servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.
_(2) The members and staff of the regulator are not to be regarded as Crown servants.
Members
2_ The regulator is to consist of—
(a) a chair appointed by the Secretary of State, and
(b) such other members as the Secretary of State may appoint.
Term of office
3_ A member holds and vacates office in accordance with the terms of the member’s appointment (subject as follows).
4_ A member may resign by giving written notice to the Secretary of State.
5_ The Secretary of State may by notice in writing remove a member who—
(a) has without reasonable excuse failed to discharge the functions of his or her office, or
(b) in the opinion of the Secretary of State is otherwise unable or unfit to carry out his or her duties.
Remuneration and pensions
6_ The regulator may pay to the members such remuneration, allowances and expenses as the Secretary of State may decide.
7_ If required to do so by the Secretary of State, the regulator must—
(a) pay such pensions or gratuities to or in respect of any member as the Secretary of State may decide;
(b) 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.
Staff
8_(1) 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.
_(2) The chief executive is an employee of the regulator.
_(3) The Secretary of State may appoint the first chief executive.
9_ The regulator may appoint other staff.
10_(1) The regulator’s staff may be appointed on such terms, including relating to remuneration and pension arrangements, as the regulator may decide.
_(2) The regulator must obtain the Secretary of State’s approval for any terms relating to remuneration or pension arrangements.
Procedure
11_ The regulator may determine its own procedure (including quorum).
12_ No proceeding is invalidated by—
(a) a vacancy in the office of chair, or
(b) a defect in the appointment of any member.
Delegation
13_(1) The regulator may delegate functions to a committee, sub-committee, member or member of staff.
_(2) The functions that may be delegated under sub-paragraph (1)—
(a) include the power conferred by that sub-paragraph, but
(b) do not include any power or duty to make rules.
14_(1) The regulator may delegate functions to any other person if—
(a) the regulator considers that the delegation is likely to lead to an improvement in the exercise of its functions, and
(b) the person has agreed to the terms of the delegation.
_(2) The functions that may be delegated under sub-paragraph (1) do not include—
(a) the power conferred by that sub-paragraph, or
(b) any power or duty to make rules.
_(3) The terms of a delegation under sub-paragraph (1) may include terms requiring payments by the regulator.
15_(1) A function may be delegated under paragraph 13 or 14—
(a) wholly or partly;
(b) generally or only in specified circumstances;
(c) unconditionally or subject to specified conditions.
_(2) 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.
_(3) A delegation does not affect any liability or responsibility of the regulator for the exercise of its functions.
Membership of committees and sub-committees
16_(1) A committee or sub-committee of the regulator may include persons who are not members of the regulator.
_(2) The regulator may pay such remuneration and allowances as the Secretary of State may determine to any person who—
(a) is a member of a committee or sub-committee, but
(b) is not a member or member of staff of the regulator.
Annual reports and accounts
17_ 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.
18_(1) The regulator must keep proper accounts and proper records in relation to the accounts.
_(2) The regulator must prepare a statement of accounts for each financial year.
_(3) The statement must be in such form as the Secretary of State may direct.
_(4) The regulator must send a copy of the statement to —
(a) the Secretary of State, and
(b) the Comptroller and Auditor General,
within the time period directed by the Secretary of State.
_(5) The Comptroller and Auditor General must—
(a) examine, certify and report on the statement of accounts, and
(b) send a copy of the certified statement and of the report to the Secretary of State as soon as possible.
19_ The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of—
(a) the annual report sent under paragraph 17, and
(b) the certified statement of accounts and report sent under paragraph 18(5)(b).
20_ In paragraphs 17 to 19 “financial year” means—
(a) the period beginning with the day on which this Schedule comes fully into force and ending with the following 31 March, and
(b) every subsequent period of 12 months ending with 31 March.
Application of seal and evidence
21_ The application of the regulator’s seal must be authenticated by the signature of—
(a) a member of the regulator, or
(b) any other person who is authorised (generally or specially) for that purpose.
22_ A document purporting to be duly executed under the seal of the regulator—
(a) is to be received in evidence, and
(b) is to be treated as so executed unless the contrary is shown.
Disqualification
23_ In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—
“Social Work England.”
Freedom of information
24_ In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—
“Social Work England.””
138: After Clause 61, insert the following new Schedule—
“SCHEDULE
OVERSIGHTBY THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTHAND SOCIAL CARE
1_ The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
2_ In section 25 (the Professional Standards Authority for Health and Social Care), in subsection (3), after paragraph (gb) (but before the “and” at the end) insert—
“(gc) Social Work England”.
3_(1) Section 25A (funding of the Authority) is amended as follows.
_(2) In subsection (1), after “regulatory body” insert “, other than Social Work England,”.
_(3) At the end of the heading insert “by bodies other than Social Work England”.
4_ After section 25A insert—
“25AA Funding of the Authority by Social Work England
(1) The Secretary of State must by regulations require Social Work England to pay the Authority periodic fees of such amount as the Secretary of State determines in respect of such of the Authority’s functions in relation to Social Work England as are specified in the regulations.
(2) A reference in this section to the Authority’s functions does not include a reference to its functions under section 26A.
(3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.
(4) Before determining the amount of a fee under the regulations, the Secretary of State must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations.
(5) The Authority must—
(a) comply with a request under section (4), but
(b) before doing so, consult Social Work England.
(6) Having received a proposal under subsection (5), the Secretary of State may consult Social Work England.
(7) Having taken into account any representations from Social Work England, the Secretary of State must—
(a) make a proposal as to the amount of funding that the Secretary of State considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and
(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England would be required to pay.
(8) The Secretary of State must—
(a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and
(b) consult Social Work England about the determination under subsection (7)(b) of the amount it would be required to pay.
(9) Having taken into account such representations as it receives from consultees, the Secretary of State must—
(a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and
(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England is to be required to pay.
(10) Regulations under this section requiring payment of a fee may make provision—
(a) requiring the fee to be paid within such period as is specified;
(b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);
(c) for the recovery of unpaid fees or interest.
(11) The regulations may enable the Secretary of State to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or Social Work England or on the Secretary of State’s own initiative.
(12) Before making regulations under this section, the Secretary of State must consult—
(a) the Authority,
(b) Social Work England, and
(c) such other persons as the Secretary of State considers appropriate.”
5_ In section 25C (appointments to regulatory bodies) is amended as follows, in subsection (7), after “Northern Ireland” insert “or Social Work England”.
6_(1) Section 25D (power of regulatory bodies to establish voluntary registers) is amended as follows.
_(2) In subsection (1), after “regulatory body” insert “other than Social Work England”.
_(3) In subsection (2), omit paragraph (b) and the “or” before it.
7_ In section 25E (section 25D: interpretation), omit subsections (10) and (11).
8_ 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”.
9_ In section 25G (power of the Authority to accredit voluntary registers), after subsection (9) insert—
“(10) In this section “regulatory body” does not include Social Work England.”
10_ 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”.
11_ 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”.
12_(1) Section 26A (powers of Secretary of State and devolved administrations) is amended as follows.
_(2) In subsection (1D), omit paragraph (b).
_(3) For subsection (1E) substitute—
“(1E) In subsection (1D), “unregulated social care worker in England” has the meaning given in section 25E.”
13_ In section 27 (regulatory bodies and the Authority), in subsection (2), after “regulatory body” insert “other than Social Work England”.
14_ In section 28 (complaints), in subsection (1), after “regulatory body” insert “other than Social Work England”.
15_(1) Section 29 (reference to disciplinary cases by the Authority to court) is amended as follows.
_(2) After subsection (2) insert—
“(2A) This section also applies to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State.”
_(3) For subsection (5A) substitute—
“(5A) In relation to something that is a relevant decision as a result of subsection (2A), “the relevant court” means the High Court of Justice in England and Wales.”
16_(1) Section 38 (regulations and orders) is amended as follows.
_(2) In subsection (2), after “other than” insert “regulations under 29(2A) or”.
_(3) In subsection (3), after “28” insert “or 29(2A)”.”