Regulation and Inspection of Social Care (Wales) Act 2016

CHAPTER 4 INTERIM ORDERS AND REVIEW OF INTERIM ORDERS

143 Scope and interpretation of Chapter 4

(1) This Chapter applies—

(a) where a matter has been referred to an interim orders panel, and

(b) where a matter has been referred to a fitness to practise panel, to the proceedings before the fitness to practise panel, or that part of those proceedings, in which the fitness to practise panel is considering—

(i) whether to make an interim order under section 144, or

(ii) the review of an interim order under section 146.

(2) In this Chapter—

• “interim order proceedings” (“achos gorchymyn interim”) means proceedings in respect of which this Chapter applies, and

• “panel” (“panel”) means the interim orders panel or fitness to practise panel before which the proceedings are brought.

(3) In this Chapter a reference to a registered person is a reference to the registered person in respect of whom the referral to the panel has been made.

144 Interim orders

(1) A panel may in interim order proceedings make an interim order in relation to a registered person.

(2) An interim orders panel may make an interim order whether or not the matter has been referred to a fitness to practise panel.

(3) Where a matter has been referred to a fitness to practise panel, any interim order must be made before the matter is disposed of by the fitness to practise panel in accordance with any of sections 135 to 138.

(4) The two types of interim order are—

(a) an interim suspension order, which is an order suspending the registered person’s registration;

(b) an interim conditional registration order, which is an order imposing conditions on the registered person’s registration.

(5) A panel may make an interim order only if it is satisfied that the order—

(a) is necessary for the protection of the public,

(b) is otherwise in the public interest, or

(c) is in the interests of the registered person.

(6) An interim order—

(a) takes effect immediately, and

(b) may not have effect for a period of more than 18 months (unless it is extended; see section 148 (extension of interim order by the tribunal)).

(7) Where an interim order is made in respect of a registered person, SCW must give notice to the person of—

(a) the decision,

(b) the reasons for the decision, and

(c) the right of appeal under section 145 against the decision.

145 Appeals against interim orders

(1) Where a panel has made an interim order under section 144 in respect of a registered person, that person may appeal against the order to the tribunal.

(2) An appeal must be made before the end of the period of 28 days beginning with the day on which notice of the decision is given under section 144(7).

(3) But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(4) On an appeal, the tribunal may—

(a) revoke the interim order,

(b) in the case of an interim conditional registration order, revoke or vary any condition,

(c) replace an interim suspension order with an interim conditional registration order,

(d) replace an interim conditional registration order with an interim suspension order,

(e) vary the period for which the interim order is to have effect,

(f) remit the case to SCW for it to dispose of in accordance with the directions of the tribunal, or

(g) make no change to the interim order.

146 Reviews of interim orders: timing

(1) A panel must first review an interim order made under section 144 within six months beginning with the date on which the order was made.

(2) Where an interim order made under section 144 has been varied or replaced by the tribunal on an appeal under section 145, the reference in subsection (1) to the date on which the order was made is to be read as a reference to the date of the tribunal’s decision.

(3) Subsection (4) sets out the timing of the first review of an interim order following its extension or further extension by the tribunal (see section 148), and “the tribunal’s decision” means the decision to extend or further extend the order (as the case may be).

(4) A panel must review the interim order—

(a) if no review of the order had taken place before the tribunal’s decision, within six months beginning with the date of the tribunal’s decision, or

(b) if a review of the order had taken place before the tribunal’s decision, within three months beginning with that date.

(5) Subsection (6) sets out the timing of the first review of a replacement interim conditional registration order or interim suspension order made on a review (“the replacement order”) (see section 147(1)(c) and (d)).

(6) A panel must review the replacement order—

(a) if no review of the order which has been replaced had taken place before the review which led to the replacement order being made, within six months beginning with the date on which the replacement order was made, or

(b) if a review of the order which has been replaced had taken place before the review which led to the replacement order being made, within three months beginning with the date on which the replacement order was made.

(7) After the first review of an interim order under subsection (1), (4) or (6), a panel must review the order (for so long as it is in effect)—

(a) within six months beginning with the date of the decision of the most recent review, or

(b) if after the end of the period of three months beginning with that date, the registered person requests an earlier review, as soon as practicable.

(8) A panel may review an interim order at any time if new evidence becomes available which is relevant to the case.

(9) In subsections (7) and (8) a reference to an interim order includes a reference to—

(a) an interim order as extended or further extended by the tribunal,

(b) an interim order as varied on a review (see section 147(1)(b)), and

(c) a replacement interim conditional registration order or interim suspension order made on a review.

147 Reviews of interim order: possible decisions

(1) On the completion by a panel of a review of an interim order, the panel may—

(a) revoke the interim order;

(b) in the case of an interim conditional registration order, revoke or vary any condition;

(c) replace an interim suspension order with an interim conditional registration order;

(d) replace an interim conditional registration order with an interim suspension order;

(e) make no changes to the interim order.

(2) A panel may make a decision specified in subsection (1)(b), (c), (d) or (e) only if the panel is satisfied that the decision—

(a) is necessary for the protection of the public,

(b) is otherwise in the public interest, or

(c) is in the interests of the registered person.

(3) A replacement order made under subsection (1)(c) or (d) has effect for the remainder of the period for which the order which it replaces had effect (unless it is extended under section 148).

(4) In this section—

(a) a reference to an interim order includes a reference to—

(i) an interim order as extended or further extended by the tribunal;

(ii) an interim order as varied under subsection (1)(b);

(iii) a replacement interim conditional registration order or interim suspension order made under subsection (1)(c) or (d);

(b) a reference to an interim conditional registration order or an interim suspension order includes a reference to—

(i) an interim order of that kind as extended or further extended by the tribunal;

(ii) in the case of an interim conditional registration order, an interim order as varied under subsection (1)(b);

(iii) a replacement order of that kind made under subsection (1)(c) or (d).

148 Extension of interim order by the tribunal

(1) SCW may apply to the tribunal for an interim order to be extended or further extended.

(2) On an application, the tribunal may—

(a) revoke the interim order,

(b) in the case of a conditional registration order, revoke or vary any condition,

(c) extend, or further extend, the order for up to 12 months, or

(d) make no change to the order or to the period for which the order is to have effect.

(3) In this section, a reference to an interim order includes a reference to—

(a) an interim order as extended or further extended under this section,

(b) an interim order varied on a review (see section 147(1)(b)), and

(c) a replacement interim conditional registration order or interim suspension order made on a review (see section 147(1)(c) or (d)).

149 Revocation of interim orders

(1) This section applies where—

(a) a fitness to practise panel disposes of a matter in respect of a registered person in any of the ways set out in sections 135 to 138, and

(b) at that time, the registered person is subject to an interim order (see section 144).

(2) The fitness to practise panel must, at the same time as it disposes of the matter, revoke the interim order.

(3) The revocation of the interim order takes effect on the date on which the panel disposes of the matter as described in subsection (1)(a).

(4) In this section a reference to an interim order includes a reference to the following (see sections 147 and 148)—

(a) an interim order as extended or further extended by the tribunal;

(b) an interim order as varied on a review;

(c) a replacement interim conditional registration order or interim suspension order made on a review.