The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019

PART 5 Powers of intervention

Cases referred by the Professional Standards Authority for Health and Social Care

22.—(1) Paragraph (2) applies where—

(a) the HCPC makes a relevant decision within the meaning of section 29(1)(j) and (3) of the National Health Service Reform and Health Care Professions Act 2002(1), whether before, on, or after the transfer date,

(b) the Professional Standards Authority for Health and Social Care(2) refers the case to the court under section 29(4) of that Act(3), and

(c) the court makes a decision under section 29(8) of that Act on or after the transfer date.

(2) Where this paragraph applies, the regulator is treated as having the power to implement the decision of the court, and any decision made on a further appeal from the court.

(1)

2002 c. 17. Relevant amendments to section 29 were made by section 118(2)(g) and (3) of the Health and Social Care Act 2008 (c. 14), by sections 213(7)(j) and 223(9) and (10) of, and paragraph 62(g) of Schedule 15(3) to, the Health and Social Care Act 2012, by paragraph 15 of Schedule 4 and paragraph 47 of Schedule 5 to the Children and Social Work Act 2017, and by S.I. 2015/794.

(2)

The Professional Standards Authority for Health and Social Care (“the PSA”) was established by section 25(1) of the National Health Service Reform and Health Care Professions Act 2002. Section 25(1), and the heading to section 25, were amended by section 222(2) and (3) of the Health and Social Care Act 2012.

(3)

Section 29(4) provides for the PSA to refer a disciplinary decision made by the HCPC to the court, if it considers that the decision is not sufficient for the protection of the public.