The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019

Previous register entry cases: determination by the HCPC

18.—(1) Paragraph (2) applies where a previous register entry case was referred in accordance with article 22(5)(a) of the 2001 Order(1) and a hearing had commenced, but the consideration of the allegation had not been concluded, before the transfer date(2).

(2) The following decisions and orders made by the HCPC in a previous register entry case mentioned in paragraph (1) on or after the transfer date, by virtue of article 26 of the 2001 Order (as that article continues to have effect by virtue of regulation 23(2)), are treated as if they were made by the regulator under regulation 14 of the Principal Regulations and any rules made under paragraph (6) of that regulation—

(a) a decision under article 26(2)(d)(ii) of the 2001 Order as to whether the entry in the HCPC register has been fraudulently procured or incorrectly made,

(b) an order under article 26(7) of the 2001 Order that the entry in the HCPC register be removed or amended,

(c) an interim order under article 26(11) of the 2001 Order,

(d) a decision on a review of an order under article 26(12) of the 2001 Order.

(1)

Article 22(5)(a) provides for the referral of allegations to the Investigating Committee of the HCPC.

(2)

See the Health Professions Council (Investigating Committee) (Procedure) Rules, set out in the Schedule to the Health Professions Council (Investigating Committee) (Procedure) Rules Order of Council 2003 (S.I. 2003/1574) for the procedure to be followed in considering such a case.