The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Regulation and Inspection of Social Care) (Miscellaneous Amendments) (Wales) Regulations 2026

9.   After section 85 insert—

Professional qualifications – specified state applicants

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.

Specified state applicants: refusal to recognise professional qualifications

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.

Specified state applicants: aptitude tests and adaptation periods

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.”