Welsh Statutory Instruments
professional qualifications, wales
Made
4 February 2026
Coming into force
1 April 2026
The Welsh Ministers, in exercise of the powers conferred by sections 3(1) and (2), and 13(1) of the Professional Qualifications Act 2022(1) (“the 2022 Act”), make the following Regulations.
In accordance with section 14 of the 2022 Act, the Welsh Ministers are satisfied that the Regulations do not remove the ability of Social Care Wales(2) to prevent individuals who are unfit to practise as social care workers from doing so, and that the Regulations will not have a material adverse effect on the social care profession in terms of the knowledge, skills or experience of the individuals practising it.
In accordance with section 15 of the 2022 Act, the Welsh Ministers have consulted Social Care Wales as the regulator of social care workers in Wales.
These Regulations have been laid before Senedd Cymru in accordance with the Senedd approval procedure under section 18(1), (6)(b) and (8) of the 2022 Act.
1. The title of these Regulations is the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Regulation and Inspection of Social Care) (Miscellaneous Amendments) (Wales) Regulations 2026 and they come into force on 1 April 2026.
2. The Regulation and Inspection of Social Care (Wales) Act 2016 is amended as follows.
3. In section 66 (interpretation of Parts 3 to 8)(3), in the appropriate places in alphabetical order insert—
““adaptation period” (“cyfnod ymaddasu”) means a period of supervised practise, under the responsibility of an appropriately qualified social care worker, subject to any assessment, and which may be accompanied by further training;”;
““appropriately qualified” (“wedi ei gymhwyso’n briodol”) is to be interpreted in accordance with section 84;”;
““aptitude test” (“prawf gallu”) means a test conducted by SCW, limited to the professional knowledge of a specified state professional, with the aim of assessing their ability to practise as a social care worker of the description to which their application relates;”;
““evidence of formal qualifications” (“tystiolaeth o gymwysterau ffurfiol”) means any diploma, certificate or other evidence issued by a body in a specified state whose ordinary activities include the issuing of such records certifying the successful completion of a course of professional study or training;”;
““other registration requirements” (“gofynion cofrestru eraill”) means the requirements mentioned in section 83(2)(b) and (c);”;
““professional qualifications” (“cymwysterau proffesiynol”) means qualifications attested by evidence of formal qualifications or professional experience;”;
““specified state” (“gwladwriaeth benodedig”) means—
Iceland,
The Kingdom of Norway,
The Principality of Liechtenstein, and
The Swiss Confederation;”;
““specified state applicant” (“ymgeisydd gwladwriaeth benodedig”) means a specified state professional who—
wishes to access and pursue work as a social care worker in Wales, and
applies under section 82 for registration in the social worker part or an added part of the register;”;
““specified state professional” (“proffesiynolyn gwladwriaeth benodedig”) means an individual who has obtained professional qualifications in a specified state;”.
4. After section 71 (engagement with the public and social care workers) insert—
71A.—(1) SCW must provide, upon request, information to a specified state professional about the following matters—
(a)the professional qualifications required to practise as a social care worker in Wales,
(b)details of any registration requirements that apply in relation to an application for registration as a social care worker in Wales,
(c)the relevant laws to be applied including those regarding disciplinary action, financial responsibility or financial liability,
(d)the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practise as a social care worker in Wales,
(e)the processes and procedures for the ongoing verification of fitness to practise, and
(f)the criteria for, and procedures relating to, removal from the register (see Part 4).
(2) SCW must deal promptly with an enquiry from a specified state professional about the matters referred to in subsection (1)(a) and (b).”
5. In section 74 (rules: fees)(4), after subsection (2) insert—
“(2A) But any fees charged in connection with an application for registration in the register submitted by a specified state applicant must be—
(a)reasonable and proportionate to the cost of the application;
(b)transparent, and made public in advance;
(c)payable by electronic means through SCW’s website.”
6. In section 83 (registration), in subsection (2), for paragraph (a) substitute—
“(a)the person is—
(i)appropriately qualified (see section 84), or
(ii)a specified state applicant whose professional qualifications have been recognised in accordance with section 85B,”.
7. In section 84 (“appropriately qualified”), in the opening words, for “For the purposes of section 83” substitute “In this Part and in Part 2”.
8. In section 85 (qualifications gained outside Wales – social workers), before subsection (2) insert—
“(1A) This section does not apply to an application for registration in the social worker part of the register submitted by a specified state applicant.”
9. After section 85 insert—
85B.—(1) This section applies where a specified state applicant submits an application for registration.
(2) Subject to section 85C, the registrar must recognise the applicant’s professional qualifications if satisfied those professional qualifications are comparable to those required to practise in Wales the work of persons registered in the part of the register to which the application relates.
85C.—(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.
85D.—(1) The registrar may require a specified state applicant to take an aptitude test, standardised or otherwise, or to complete an adaptation period where—
(a)there exists a substantial difference between the applicant’s professional qualifications and the essential knowledge or essential skills required to practise the work of persons registered in the part of the register to which the application relates, or
(b)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.
(2) The registrar must consider whether any requirement to take an aptitude test or to complete an adaptation period is proportionate to the difference sought to be addressed.
(3) If requested to do so by the applicant, the registrar must, to the extent possible, provide reasons in writing for requiring the applicant to take an aptitude test or to complete an adaptation period.
(4) Where the registrar requires an applicant to undertake an aptitude test, the registrar must ensure that such tests are scheduled with reasonable frequency and at least once a year.”
10. In section 88 (rules about applications for registration or renewal), after subsection (4) insert—
“(5) But the power to make rules under subsections (1) and (3)(a) is subject to the provision made by sections 85B and 88A in relation to applications for registration made by specified state applicants.”
11. After section 88 (rules about applications for registration or renewal) insert—
88A.—(1) In relation to applications for the registration of a specified state applicant, the registrar must—
(a)within one month beginning with the date of receipt of the application—
(i)acknowledge receipt of the application, and
(ii)inform the applicant of any missing document for the purposes of the application;
(b)give the applicant adequate time to complete the requirements and procedures of the application process;
(c)deal promptly with the application.
(2) The registrar may require the applicant to provide evidence of their professional qualifications and their ability to satisfy the other registration requirements.
(3) But any evidence required under subsection (2) must be no more than is necessary to demonstrate —
(a)the professional qualifications the applicant holds are evidence of the applicant having reached a standard of proficiency comparable to the requirements mentioned in section 84 (“appropriately qualified”) in relation to the part of the register to which the application relates, and
(b)the applicant is able to satisfy the other registration requirements.
(4) For the purposes of subsection (2), the registrar must accept certified copies in place of original documents (unless original documents are reasonably required to protect the integrity of the registration process).
(5) For the purposes of subsection (4), a certified copy of a document is one which has been certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.”
12. In section 89 (notice of decisions in respect of registration or renewal), after subsection (4) insert—
“(5) Where an application for registration under section 82 has been submitted by a specified state applicant, the registrar must give notice of the decision under subsection (2) or (4) to the person to whom the application relates no later than four months after the date on which the complete application was submitted.
(6) Where the registrar fails to give notice of a decision within the time period specified in subsection (5), that failure is to be treated for the purposes of Parts 3, 4 and 8 as a decision of the registrar.”
13. In section 101 (appeals against decisions of the registrar), after subsection 1 insert—
“(1A) A specified state applicant may appeal to a registration appeals panel where the registrar has failed to give notice of the decision under subsection (2) or (4) of section 89 within the time period specified in subsection (5) of that section.”
14. In section 102 (appeals to the registration appeals panel: procedure), in subsection (4)—
(a)omit the “and” after paragraph (b);
(b)in paragraph (c), for “.”substitute “, and”;
(c)after paragraph (c) insert—
“(d)in the case of an appeal under section 101(1A), the day after the expiry of the time period specified in section 89(5).”
15. In section 103 (decisions on appeal to the registration appeals panel)—
(a)the existing provision becomes subsection (1);
(b)in subsection (1), at the beginning insert “Subject to subsection (2),”;
(c)after subsection (1) insert—
“(2) Where an appeal is made under section 101(1A), a registration appeals panel must remit the case to the registrar to dispose of in accordance with the directions of the panel.”
16.—(1) The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023(5) are amended as follows.
(2) In Schedule 1 (the Welsh regulated professions referred to in regulation 2 (interpretation)), omit the following entries—
(a)"8. Social care manager"
(b)"9. Social worker"
(c)"10. Social care worker in a—
care home service
domiciliary support service
residential family centre service
secure accommodation service"
Dawn Bowden
Minister for Children and Social Care under authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers
4 February 2026
(This note is not part of the Regulations)
These Regulations make provision under section 3(1) and (2) of the Professional Qualifications Act 2022 (c. 20) (“the 2022 Act”) to amend the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“the 2016 Act”) in relation to the implementation in relation to Wales of provisions relating to the recognition of professional qualifications contained in:
the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland done at London on 8 July 2021 (“the EEA EFTA free trade agreement”), and
the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Recognition of Professional Qualifications done at London on 14 June 2023 (“the Swiss Agreement”).
Section 3 of the 2022 Act gives the “appropriate national authority” the power by regulations to make such provision as the authority considers appropriate for the purpose of, or in connection with, implementing any international recognition agreement to which the United Kingdom is a party; section 16 of the 2022 Act makes provision about who is an appropriate national authority.
In exercise of these powers, the Welsh Ministers have made the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294 (W. 230)) (“the 2023 Regulations”) and the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland and Miscellaneous Provisions) (Wales) Regulations 2024 (S.I. 2024/1183 (W. 194)) (“the 2024 Regulations”).
The 2023 Regulations made provision which included the implementation of the EEA EFTA free trade agreement in relation to the regulation of the professions in respect of which the Senedd has legislative competence (“Welsh regulated professions”).
The 2024 Regulations amended the 2023 Regulations for the purpose of, and in connection with, implementing the Swiss Agreement in relation to the “Welsh regulated professions”.
“Welsh regulated profession” is defined in regulation 2 of and Schedule 1 to the 2023 Regulations and includes the social care professionals who are regulated by Social Care Wales.
Parts 3 to 8 of the 2016 Act established Social Care Wales as the body that regulates the social care profession in Wales (that profession is referred to as “social care workers” in that Act), and they make provision about the registration and fitness of such workers to practise in Wales.
Regulations 2 to 15 make amendments to the 2016 Act to give effect, within the framework established for the regulation of social care workers in Wales, to the provisions relating to the recognition of professional qualifications contained in the EEA EFTA free trade agreement and the Swiss Agreement.
Regulation 16 makes amendments to Schedule 1 to the 2023 Regulations to omit social care workers in Wales from the list of professions contained in that Schedule. The effect of this amendment is that the regulation of social care workers by Social Care Wales will be outside the scope of the regulatory requirements contained in the 2023 Regulations.
The Welsh Minister’s Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.
2022 c. 20. See section 16 for the definition of “appropriate national authority” and section 3(4) for the definition of “international recognition agreement”.
See section 67 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“the 2016 Act”). Section 67(1) of that Act repealed section 54 of the Care Standards Act 2000 (c. 14), but the corporate body it established (the Care Council for Wales) was continued and renamed as Social Care Wales (referred to in the 2016 Act as SCW) by section 67(1) and (2) respectively. The original functions of the corporate body were restated, modified as required, and added to by the 2016 Act.
To which there are amendments not relevant to these Regulations.
Subsection (3) was omitted by S.I. 2019/761 (W. 144).
S.I. 2023/1294 (W. 230), as amended by S.I. 2024/613 (W. 87) and S.I. 2024/1183 (W. 194).