Ss. 85B-85D inserted (1.4.2026) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Regulation and Inspection of Social Care) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/24), regs. 1, 9

http://www.legislation.gov.uk/anaw/2016/2/section/85CRegulation and Inspection of Social Care (Wales) Act 2016An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes.texttext/xmlenStatute Law Database2026-04-29Expert Participation2026-04-01Regulation and Inspection of Social Care (Wales) Act 2016Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016s. 32AHealth and Social Care (Wales) Act 2025Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025s. 17(3)s. 29(2)Regulation and Inspection of Social Care (Wales) Act 2016Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016s. 79(3)(m)Health and Social Care (Wales) Act 2025Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025s. 18(2)(a)(ii)s. 29(2)Regulation and Inspection of Social Care (Wales) Act 2016Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016s. 79(3A)Health and Social Care (Wales) Act 2025Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025s. 18(2)(b)s. 29(2)Regulation and Inspection of Social Care (Wales) Act 2016Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016s. 187(2)(ca)Health and Social Care (Wales) Act 2025Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025Sch. 1 para. 2(5)(a)s. 29(2)Regulation and Inspection of Social Care (Wales) Act 2016Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016s. 187(2)(x)Health and Social Care (Wales) Act 2025Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025Sch. 1 para. 2(5)(b)s. 29(2)PART 4SOCIAL CARE WORKERS “Appropriately qualified”
85CSpecified state applicants: refusal to recognise professional qualifications(1)

The registrar may refuse to recognise the professional qualifications of a specified state applicant only if one or more of Conditions 1, 2, 3 or 4 is met.

(2)

Condition 1 is met where—

(a)

there exists a substantial difference between the standard of proficiency evidenced by the applicant’s professional qualifications and the standard of proficiency that is necessary for a person to achieve for admission to the part of the register in respect of which the application relates, and

(b)

the applicant fails, or refuses to take, an aptitude test, or to complete an adaptation period imposed in accordance with section 85D.

(3)

Condition 2 is met where—

(a)

the work of persons registered in the part of the register to which the application relates comprises one or more professional activities that cover substantially different matters from those covered by the applicant’s professional qualifications, and

(b)

the applicant fails, or refuses to take, an aptitude test, or to complete an adaptation period, imposed in accordance with section 85D.

(4)

Condition 3 is met where requiring the applicant to take an aptitude test or to complete an adaptation period in accordance with section 85D would amount to requiring the applicant to acquire the professional qualifications required to practise the work of persons included in the part of the register to which the application relates.

(5)

Condition 4 is met where the applicant is unable to satisfy any of the other registration requirements in relation to the part of the register to which the application relates.