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

Previous fitness to practise cases: determination by the HCPC

15.—(1) Paragraph (2) applies where a previous fitness to practise case was referred in accordance with article 22(5) or (6) or 24 of the 2001 Order(1) and a hearing had commenced, but the consideration of the allegation had not been concluded, before the transfer date(2).

(2) A decision or order made by the HCPC in a previous fitness to practise case mentioned in paragraph (1) on or after the transfer date, by virtue of article 29 of the 2001 Order (as that article continues to have effect by virtue of regulation 23(3)), has effect as follows—

(a) a decision to take no further action made under article 29(4)(b) of the 2001 Order has effect as if it were made by adjudicators under paragraph 12(3)(c) of Schedule 2 to the Principal Regulations,

(b) a striking-off order made under article 29(5)(a) of the 2001 Order has effect as if it were a removal order made under paragraph 12(3)(b) of Schedule 2 to the Principal Regulations,

(c) a suspension order made under article 29(5)(b) of the 2001 Order has effect as if it were a suspension order made under paragraph 12(3)(b) of Schedule 2 to the Principal Regulations,

(d) a conditions of practice order made under article 29(5)(c) of the 2001 Order has effect as if it were a conditions of practice order made under paragraph 12(3)(b) of Schedule 2 to the Principal Regulations,

(e) a caution order made under article 29(5)(d) of the 2001 Order has effect as if it were a warning order made under paragraph 12(3)(b) of Schedule 2 to the Principal Regulations.

(1)

Which provide for the referral of allegations for consideration by the Health Committee or the Conduct and Competence Committee of the HCPC.

(2)

See the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003, set out in the Schedule to the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003 (S.I. 2003/1575), and the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003, set out in the Schedule to the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003 (S.I. 2003/1576), for the procedure to be followed in considering such a case.