SCHEDULES

SCHEDULE 11Social workers in England

PART 2Savings and transitional provision

Visiting social work professionals: saving of old law for up to F1five years

12.

(1)

Where—

(a)

a person had, immediately before F2IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a social worker (and regulation 18(2) of the 2018 Regulations accordingly applied to the person), and

(b)

the person continues to have that benefit on or after F3IP completion day,

any provision made by or under the 2018 Regulations continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting social work professionals from relevant European states F4(but subject, in the case of a relevant applicant, to the modification to the 2018 Regulations specified in sub-paragraph (1A)).

F5(1A)

The modification to the 2018 Regulations mentioned in sub-paragraph (1) is that regulation 18 is to be read as if for paragraph (1) there were substituted—

“(1)

This regulation applies to a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“EP”) who is lawfully established, in Switzerland (“State A”), as a social worker.”.

(1B)

A relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a social worker in England for a period not exceeding 90 days in total in any calendar year.

(2)

Sub-paragraph (1) ceases to apply in relation to a visiting social work professional—

(a)

if the professional is registered as required by regulation 18(2) of the 2018 Regulations, when his or her name is removed under regulation 18(5) of those Regulations;

(b)

otherwise, when the professional's entitlement ceases by reason of the operation of regulation 18(5) of those Regulations.

F6(2A)

Sub-paragraph (2) does not apply in the case of a Swiss visiting social worker.

(2B)

But a Swiss visiting social worker’s entitlement does not continue (or further continue) under regulation 18 of the 2018 Regulations on or after the end of the visiting practitioner transitional period.

(2C)

In this paragraph, “Swiss visiting social worker” means a visiting social worker who—

(a)

is a national of the United Kingdom or is a Swiss national, or

(b)

is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the profession of social work, no less favourably than a national of the United Kingdom or Switzerland.

(3)

The reference in sub-paragraph (1) to “the provisions relating to visiting social work professionals from relevant European states” is to the following provisions of the 2018 Regulations—

(a)

regulation 2(1), (2) and (3);

(b)

regulation 9(1)(c);

(c)

regulation 10(5);

(d)

regulation 18;

(e)

regulation 19(1)(i).