The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 3, Savings and Transitional Provisions) Order 2017

Suspended registration

6.—(1) This paragraph applies if—

(a) a transferred person’s registration in the CCW register was immediately before 3 April 2017 suspended by virtue of a suspension order imposed by the CCW’s Fitness to Practise Committee or an interim suspension order imposed by its Investigation Committee, and

(b) the suspension would have continued on 3 April 2017.

(2) On or after 3 April 2017, the person’s registration in the SCW register is to be treated as if it had been suspended on the same terms and for the same duration by order of an interim order panel or a fitness to practise panel of SCW (which is to be taken to have had the power to make such an order).

(3) Accordingly, and for so long as the suspension is treated as continuing, section 163 of the Act will apply to the person’s registration in the SCW register(1).

(1)

Section 163 of the Act (which makes supplementary provision about suspension) makes provision that subject to subsection (3), a person is not to be treated as a registered person if he or she is subject to a suspension order despite the fact that his or her name still appears in the register. This will ensure that social workers who are subject to a suspension order cannot call themselves registered social workers or hold themselves out as being registered, but fitness to practise proceedings, proceedings under section 94 of the Act (entries based on false or misleading information), or an application for removal from the register by agreement (by rules made under section 92) may continue.