SCHEDULES

SCHEDULE 10 Social care workers in Northern Ireland
Regulation 11

PART 1 Amendments to legislation

Interpretation
1. In this Schedule, “the 2001 Act” means the Health and Personal Social Services Act (Northern Ireland) 2001.

Health and Personal Social Services Act (Northern Ireland) 2001
2. The 2001 Act is amended as follows.
3. In section 2 (“social care worker” etc.) , omit subsections (5) to (7).
Subsections (5) to (7) were inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.
4. In section 3 (the register) —
(a) in subsections (1) and (2)—
(i) at the end of paragraph (a), insert “ and ”;
(ii) omit paragraph (c) (and the “and” before it);
(b) omit subsection (2A)(c).
Subsection (1)(c) was inserted by, and subsections (2)(c) and (2A)(c) were substituted by S.I. 2007/3101.
5. Omit section 5A (visiting social workers from relevant European States) .
section 5A was inserted by S.I. 2007/3101. Relevant amendments made by the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (N.I.).
6. In section 7 (rules about registration) , in paragraph (c), omit “under section 5A(6) or”.
Relevant amending instrument is S.I. 2007/3101.
7. In section 7A (power to obtain information etc.) , in subsection (1), omit “, 5A”.
Section 7A was inserted by the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016 (c. 23) (N.I.).
8. In section 8 (registration – enforcement) , in subsection (1)—
(a) omit “or a visiting social worker from a relevant European State”;
(b) in paragraph (b) for the words “registered in either of those ways” substitute “ so registered ”.
Relevant amendments made by the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016. Relevant amending instrument is S.I. 2007/3101.
9. In section 11 (qualifications gained outside Northern Ireland) , omit subsection (A1).
Subsection A1 was inserted by S.I. 2007/3101. Relevant amendments made by the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016.
10. In section 12 (post registration training) , omit subsections (2A) to (2D).
Subsections (2A) to (2D) were substituted by S.I. 2007/3101.
11. In section 15 (appeals to the Care Tribunal) —
(a) in subsection (2)(b), omit the words from “or, in” to “amended”;
(b) omit subsection (3)(b) and (c).
Section 15 was substituted by the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016. Relevant amending instrument is S.I. 2016/1030.
12. In section 18 (rules) —
(a) in subsection (1), omit “, but subject to subsection (2A)”;
(b) in subsection (2)(a), omit “, but subject to subsection (2A)”;
(c) omit subsection (2A).
Relevant amending instrument is S.I. 2007/3101.

PART 2 Savings and transitional provision

Pending applications
13. Where an application for registration, or renewal or restoration of registration, in the register kept under the 2001 Act is received before IP completion day, any provision made by the 2001 Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
Words in Sch. 10 para. 13 substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(2)

Visiting social work professionals: saving of old law for up to five years
14. (1) Where—
(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a social worker (and section 5A(3) of the 2001 Act accordingly applied to the person), and
Words in Sch. 10 para. 14(1)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(3)(b)(i)
(b) the person continues to have that benefit on or after IP completion day,
Words in Sch. 10 para. 14(1)(b) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(3)(b)(i)
any provision made by or under the 2001 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting social workers from relevant European states (but subject, in the case of a relevant applicant, to the modifications to the 2001 Act specified in sub-paragraph (4)).
Words in Sch. 10 para. 14(1) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(3)(b)(ii)
(1A) Where sub-paragraph (1) applies in relation to a visiting social worker who is a relevant applicant, that visiting social worker may only provide services as a social worker for a period not exceeding 90 days in total in any calendar year.
Sch. 10 para. 14(1A) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(3)(c)
(2) Sub-paragraph (1) ceases to apply in relation to a visiting social worker—
(a) if the worker is registered as required by section 5A(3) of the 2001 Act, when his or her name is removed under section 5A(6) of that Act;
(b) otherwise, when the worker's entitlement ceases by reason of the operation of section 5A(5) of that Act.
(3) The reference in sub-paragraph (1) to “the provisions relating to visiting social work professionals from relevant European states” is to the following provisions of the 2001 Act—
(a) section 2(5) to (7);
(b) section 3(1), (2) and (2A);
(c) section 5A;
(d) section 7(c);
(e) section 7A(1);
(f) section 8(1);
(g) section 12(2A) to (2D);
(h) section 18(1), (2) and (2A).
(4) The modifications to the 2001 Act mentioned in sub-paragraph (1) are—
(a) section 5A is to be read as if, in subsection (1), for the words from “an exempt person” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (“V”) who is lawfully established as a social worker in Switzerland”;
(b) section 12 is to be read as if, in subsection (2D), for the words from “the relevant” to the end there were substituted “Switzerland”.
Sch. 10 para. 14(4)-(7) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(3)(d)
(5) Sub-paragraph (3) does not apply in the case of a Swiss visiting social care worker.
(6) But a Swiss visiting social care worker’s entitlement does not continue (or further continue) under section 5A of the 2001 Act on or after the end of the visiting practitioner transitional period.
(7) In this paragraph, “Swiss visiting social care worker” means a visiting social care worker who—
(a) is a national of the United Kingdom or is a Swiss national, or
(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the profession of social care work, no less favourably than a national of the United Kingdom or Switzerland.
Words in Sch. 10 para. 14 heading substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(3)(a)

IMI alerts
15. (1) Where an alert has been sent by the Northern Ireland Social Care Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be a relevant decision for the purposes of section 15 of the 2001 Act despite the repeal of section 15(3)(c).
Words in Sch. 10 para. 15(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(4)
(2) In disposing of an appeal against such a decision, the powers of the Care Tribunal are, instead of those set out in section 15(2) of the 2001 Act, to—
(a) dismiss the appeal, or
(b) allow the appeal ....
Words in Sch. 10 para. 15(2)(b) omitted (24.2.2022) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2022 (S.I. 2022/82), regs. 1(2), 3(11)

Interpretation of saved provisions
16. Where a provision continues to apply by virtue of paragraph 13, 14 or 15, it is to be read as if—
(a) in section 2 of the 2001 Act—
(i) in subsection (5), at the end there were inserted—

“(a) in relation to anything done before IP completion day, as they had effect at that time;
Words in Sch. 10 para. 16(a)(i) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(b)
(b) otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of anything done before IP completion day;”;

(ii) in subsection (7)—
(aa) for paragraphs (a) to (c) there were substituted—

“(a) a person who, immediately before IP completion day, was a national of a relevant European State,
Words in Sch. 10 para. 16(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(b)
(b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of social work by virtue of an enforceable EU right, or
Words in Sch. 10 para. 16(a)(ii)(aa) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(c)
(c) a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the social work profession, no less favourably than a national of a relevant European State;”,

(bb) in the words after paragraph (c), for “is not” there were substituted “was not, immediately before IP completion day”;
(iii) after subsection (8) there were inserted—

“(8) “Enforceable EU right” means a right recognised and available in domestic law, immediately before IP completion day, by virtue of section 2(1) of the European Communities Act 1972;
Words in Sch. 10 para. 16(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(b)”;

(b) in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
Words in Sch. 10 para. 16 substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(a)

Swiss social care workers: saving of old law
17. (1) Where a registration application is received from a Swiss social care worker before the end of the Swiss recognition period, any provision made by or under the 2001 Act continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the provisions mentioned in sub-paragraph (3) (but subject to the modifications specified in sub-paragraph (4)).
(2) For the purposes of this paragraph, a “Swiss social care worker” is a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration in the visiting European part of the register).
(3) The provisions of the 2001 Act mentioned in sub-paragraph (1) are—
(a) section 2(5);
(b) section 3 other than subsections (1)(c) and (2A)(c);
(c) section 11.
(4) The modifications to the 2001 Act mentioned in sub-paragraph (1) are—
(a) section 2(5) is to be read as if at the end there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning of regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;
(b) section 11(A1) is to be read as if for the reference to an exempt person there were substituted a reference to a Swiss social care worker within the meaning given in paragraph 17 of this Part of this Schedule.
Sch. 10 para. 17 inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(6)

Sch. 10 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 10 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)