Care Standards Act 2000

64 Qualifications gained outside a Council’s area. E+W

(1) An applicant for registration as a social worker in the register maintained by the English Council satisfies the requirements of this section if—

(a) being a national of any EEA State—

(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Secretary of State has by order designated as having Community equivalence for the purposes of such registration; and

(ii) he satisfies any other requirements which the Council may by rules impose; or

(b) he has, elsewhere than in England, undergone training in relevant social work and either—

(i) that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii) it is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require.

(2) An applicant for registration as a social worker in the register maintained by the Welsh Council satisfies the requirements of this section if—

(a) being a national of any EEA State—

(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Assembly has by order designated as having Community equivalence for the purposes of such registration; and

(ii) he satisfies any other requirements which the Council may by rules impose; or

(b) he has, elsewhere than in Wales, undergone training in relevant social work and either—

(i) that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii) it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.

(3) An order under subsection (1)(a) or (2)(a) may provide that a professional qualification designated by the order is to be regarded as having Community equivalence for the purposes of registration as a social worker in the register maintained by the English or, as the case may be, Welsh Council only if prescribed conditions required by a directive issued by the Council of the European Communities are fulfilled; and different conditions may be prescribed with respect to the same qualification for differe t circumstances.

(4) Any person who—

(a) is not a national of an EEA State; but

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 (on freedom of movement for workers within the Community) or any other enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1)(a) or (2)(a) as if he were such a national.

(5) In this section—

• [F1 “EEA State” means a member State, Norway, Liechtenstein, Iceland or Switzerland; ]

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties [F3 but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services].

Textual Amendments

F1 S. 64(5): definition of "EEA State" substituted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 20(2)(a)

F2 S. 64(5): definition of "EEA Agreement" omitted (18.8.2004) by virtue of The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 20(2)(b)

F3 S. 64(5): words in definition of "national" inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), reg. 20(2)(c)

Commencement Information

I1 S. 64 partly in force; s. 64 not in force at Royal Assent see s. 122; s. 64(2)-(4) in force for W. for a certain purpose at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 64(1)(b) in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 64(2)-(5) otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)