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The Social Care Wales (Constitution of Panels: Prescribed Persons) Regulations 2016

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Regulation 3

SCHEDULE 1Prescribed persons – registration appeals panels

1.—(1) A person involved for the time being in an investigation under section 125 of the Act.

(2) A person appointed for the time being as—

(a)an assessor or examiner, or

(b)a legal or other adviser,

to the registration appeals panel.

2.—(1) Where a registration appeals panel is considering an application in accordance with section 98 or 99, or an appeal in accordance with section 101 of the Act, a person who—

(a)has at any time been appointed to give preliminary consideration under section 119 of the Act to a matter may not be a member of the registration appeals panel to which an application relating to the matter is referred;

(b)has at any time been involved in an investigation under section 125 of the Act in relation to a matter may not be a member of a registration appeals panel to which an application relating to the matter is referred;

(c)is or has been a member of an interim orders panel whose proceedings related to a matter may not be a member of the registration appeals panel to which an application or appeal relating to the matter is referred;

(d)is or has been appointed as—

(i)an assessor or examiner, or

(ii)a legal or other adviser,

to an interim orders panel whose proceedings related to a matter may not be a member of the registration appeals panel to which an application or appeal relating to the matter is referred;

(e)is or has been a member of fitness to practise panel whose proceedings related to a matter may not be a member of the registration appeals panel to which an application relating to the matter is referred;

(f)is or has been appointed as—

(i)an assessor or examiner, or

(ii)a legal or other adviser,

to a fitness to practise panel whose proceedings related to a matter may not be a member of the registration appeals panel to which an application relating to the matter is referred.

(2) Where the circumstances in sub-paragraph (3) apply, a person who has at any time considered or adjudicated upon a question or issue on behalf of a relevant body may not be a member of the registration appeals panel to which an application or appeal relating to the matter is referred.

(3) The circumstances are—

(a)the application or appeal is made by a registered person who is also registered with the relevant body; and

(b)the relevant body has considered or adjudicated upon a question or issue which relates to the registered person’s registration with that body and which also relates to the matter.

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