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Regulation and Inspection of Social Care (Wales) Act 2016

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This is the original version (as it was originally enacted).

Renewal of registration in the social worker part or an added part of the register

86Renewal of registration

(1)SCW may by rules—

(a)provide that an entry in the social worker part or in an added part of the register has effect only for a period specified in the rules, and

(b)make provision for the renewal of such an entry in the register.

(2)Where rules have been made under subsection (1), the registrar must, on the application of the person to whom the entry relates, grant an application for renewal if—

(a)the application is made in the form and manner specified by rules made by SCW,

(b)the applicant has paid the fee (if any) specified in rules made by SCW under section 74, and

(c)the registrar is satisfied that the applicant meets the renewal requirements.

(3)The renewal requirements are that—

(a)the applicant has met any requirements to undertake further training imposed by rules made under section 113 (continuing professional development), and

(b)the applicant intends to practise the work to which his or her application for renewal relates.

(4)Rules made under section 83(3) (criteria for registrar’s determinations about an applicant’s intention to practise) may include provision about a registrar’s determination under subsection (3)(b) of this section.

87Lapse of registration

(1)A person’s registration in the social worker part or an added part of the register lapses at the end of the period specified by SCW in rules under section 86(1)(a) if the person has not renewed his or her registration in accordance with rules made by SCW under section 86(1)(b).

(2)But a person’s registration does not lapse under subsection (1) if subsection (3) applies to the person.

(3)This subsection applies to a person—

(a)who is the subject of any proceedings under Part 6, including preliminary consideration or investigation under Chapter 2 of that Part, which relate to the person’s fitness to practise the work to which his or her registration relates (“the relevant work”);

(b)in respect of whom a decision has been made relating to the relevant work which may be appealed against under section 158 (appeals against decisions of fitness to practise panel);

(c)in respect of whom a conditional registration order relating to the relevant work has effect under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c);

(d)in respect of whom a suspension order relating to the relevant work has effect under section 138(8), 152(8)(d), 153(9)(c), 154(6), (7) or (10) or 155(9);

(e)in respect of whom an interim order relating to the relevant work has effect under section 144 or 147.

(4)Subsection (2) ceases to apply to a person described in subsection (3)(b)—

(a)at the end of the period specified in section 158(3) during which an appeal may be made, or

(b)where an appeal is made before the end of that period, at the determination of the appeal.

(5)A person whose registration in the social worker part or an added part of the register would have lapsed under subsection (1) but for subsection (2) is to be treated as not being registered in the relevant part of the register for all purposes other than those mentioned in subsection (6), despite the fact that the person’s name continues to appear in it.

(6)The person is to be treated as registered for the purposes of any proceedings under Part 6 (including preliminary consideration or investigation under Chapter 2) which relate to the person’s fitness to practise the relevant work.

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