The Social Care Wales (Proceedings before Panels) Regulations 2016

Interpretation of Part 2

3.  In this Part—

“appellant” (“apelydd”) means a person who brings a registration appeal;

“case” (“achos”) means proceedings relating to a registration appeal before a registration appeals panel;

“fitness to practise proceedings” (“achos addasrwydd i ymarfer”) means proceedings before a fitness to practise panel to which Chapter 3(1) or Chapter 5(2) of Part 6 of the Act applies;

“parties” (“partïon”) means the appellant and SCW(3) (or their representatives);

“registration appeal” (“apêl gofrestru”) means—

(a)

an appeal made in accordance with section 101 of the Act against a decision of the registrar;

(b)

an application made in accordance with section 97(5) of the Act for review of a direction under section 98(4) of the Act;

(c)

an application made in accordance with section 97(2) of the Act for restoration of a person’s entry in a part of the register following fitness to practise proceedings;

“registration appeals hearing” (“gwrandawiad apelau cofrestru”) means a hearing before a registration appeals panel in registration appeals proceedings;

“registration appeals proceedings” (“achos apelau cofrestru”) means proceedings before a registration appeals panel in respect of which section 98(1)(4), 99(2)(5) or 103(6) of the Act applies.

(1)

See Chapter 3 of Part 6 of the Act (disposal of fitness to practise cases). Fitness to practise panels make decisions about whether a person’s fitness to practise is impaired and decide what sanctions are appropriate following consideration of a case.

(2)

See Chapter 5 of Part 6 of the Act (review proceedings), in particular section 151 of the Act (review proceedings). The fitness to practise panel administers the system for the review of any conditions attached to a person’s ability to practise, suspension orders and undertakings which have been imposed or agreed (as the case may be) in respect of the person following fitness to practise proceedings.

(3)

See section 67(3) of the Act for the definition of “SCW”.

(4)

Restoration proceedings following fitness to practise proceedings which resulted in an order removing an entry relating to that person from the register (which is maintained under section 80 of the Act) under section 138(9) (disposal following a finding of impairment), section 152(8)(e) (decisions following review of undertakings), section 153(9)(d) (decisions on review of conditional registration orders) and section 154(8)(d) (decisions on review of suspension orders).

(5)

See section 99 of the Act (review of the suspension of right to apply for restoration). Where, following fitness to practise proceedings, which resulted in an order removing an entry relating to a person from the register, and a direction under section 98(4) of the Act has been made by a registration appeals panel to suspend a person’s right to apply for restoration, a person may apply for a review of that suspension in the circumstances set out in section 99(1) of the Act.

(6)

Consideration of appeals made under section 101 of the Act against a decision of the registrar (under section 83 (refusal of a person’s application for registration), section 86 (refusal of a person’s application for renewal of the person’s registration), section 94 (refusal to remove an entry in respect of a person from the register) and section 96 (refusal to grant a person’s application for restoration of the person’s entry to the register)).