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PART 4Discipline and fitness to practise

Previous fitness to practise cases: determination by the regulator

16.—(1) Any previous fitness to practise case not falling within regulation 15 is treated, with effect from the transfer date, as a question as to a social worker’s fitness to practise for determination in accordance with Part 5 of the Principal Regulations.

(2) For the purposes of paragraph (1)—

(a)Part 5 of, and Schedule 2 to, the Principal Regulations and any rules made under regulation 25(5) of the Principal Regulations, are treated as requiring the regulator, in considering the case, to apply any standards of conduct, performance and ethics or other fitness to practise requirement, that were applicable to the social worker by virtue of Part 5 of the 2001 Order,

(b)the regulator may modify the application of Part 5 of, and Schedule 2 to, the Principal Regulations and any rules made under regulation 25(5) of the Principal Regulations as it thinks just in the circumstances of the case.