Regulation and Inspection of Social Care (Wales) Act 2016

Visiting social workers E+W

90 Visiting social workers from relevant European States E+W

(1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom.

(2) Subsection (3) applies if V has the benefit of regulation [F1 12] of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker).

(3) V is entitled to be registered in the visiting [F2 European social worker part] of the register, and the registrar must give effect to the entitlement.

(4) If V is entitled under subsection (3) to be registered in the visiting [F2 European social worker part] of the register but is not registered in that part, V is to be treated as having been registered in that part.

(5) V's entitlement under subsection (3) ends if V ceases, whether as a result of the operation of regulation [F3 24] of the General Systems Regulations or otherwise, to have the benefit of regulation [F4 12] of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis.

(6) If V is registered in the visiting [F2 European social worker part] of the register, the registrar may remove V from that part if V's entitlement under subsection (3) ends by reason of the operation of subsection (5).

(7) Subsections (1) to (6) do not prevent sections 92 to 94 of this Part or Part 6 (fitness to practise) from applying to persons registered in the visiting [F2 European social worker part] of the register.

(8) For the purposes of Parts 3 to 8 of this Act—

• “exempt person” (“person esempt”) means—

  (a)

  a national of a relevant European State other than the United Kingdom,

  (b)

  a national of the United Kingdom who is seeking to engage in relevant social work in Wales [F5 , or to engage in work as a social care manager in Wales,] by virtue of an enforceable EU right, or

  (c)

  a person who is not a national of a relevant European State but who is, by virtue of an enforceable EU right, entitled to be treated, as regards the right to engage in relevant social work in Wales, [F6 or as regards the right to engage in work as a social care manager in Wales,] no less favourably than a national of a relevant European State;

• [F7 “the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);]

• “national” (“gwladolyn”), in relation to a relevant European State, means the same as in the EU Treaties, but does not include a person who by virtue of Article 2 of Protocol No 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from EU provisions relating to the free movement of persons and services;

• “relevant European State” (“Gwladwriaeth Ewropeaidd berthnasol”) means an EEA State or Switzerland.

Textual Amendments

F1 Word in s. 90(2) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(3) (with reg. 155)

F2 Words in s. 90 substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(2) (with reg. 155)

F3 Word in s. 90(5) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(4)(a) (with reg. 155)

F4 Word in s. 90(5) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(4)(b) (with reg. 155)

F5 Words in s. 90(8) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(5)(a)(i) (with reg. 155)

F6 Words in s. 90(8) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(5)(a)(ii) (with reg. 155)

F7 Words in s. 90(8) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 134(5)(b) (with reg. 155)

Commencement Information

I1 S. 90 in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)

[F8 90A. Visiting social care managers from relevant European States E+W

(1) This section applies to an exempt person (“X”) who is lawfully established as a social care manager in a relevant European State other than the United Kingdom.

(2) Subsection (3) applies if X has the benefit of regulation 12 of the General Systems Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis (X having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by X of services as a social care manager).

(3) X is entitled to be registered in the visiting European social care manager part of the register, and the registrar must give effect to the entitlement.

(4) If X is entitled under subsection (3) to be registered in the visiting European social care manager part of the register but is not registered in that part, X is to be treated as having been registered in that part.

(5) X’s entitlement under subsection (3) ends if X ceases, whether as a result of the operation of regulation 24 of the General Systems Regulations or otherwise, to have the benefit of regulation 12 of those Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis.

(6) If X is registered in the visiting European social care manager part of the register, the registrar may remove X from that part if X’s entitlement under subsection (3) ends by reason of the operation of subsection (5).

(7) Subsections (1) to (6) do not prevent sections 92 to 94 or Part 6 (social care workers: fitness to practice) from applying to persons registered in the visiting European social care manager part of the register.]

Textual Amendments

F8 S. 90A inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 136 (with reg. 155)

Commencement Information

I2 S. 90A in force at 3.4.2017 by S.I. 2017/309, art. 2(c) (with arts. 3, 4, Sch.)