6

“The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781).

7

“Relevant European State” means an EEA State or Switzerland.

8

“Exempt person” means—

a

a national of a relevant European State other than the United Kingdom,

b

a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable Community right, or

c

a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;

and in this subsection, “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

Visiting social workers from relevant European States58A

1

This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom.

2

Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker).

3

V is entitled to be registered in the visiting European part of the register maintained by a Council; and the Council shall give effect to the entitlement.

4

If V is entitled under subsection (3) to be registered in the visiting European part of a register but is not registered in that part, V shall be treated as being registered in that part.

5

V’s entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis.

6

If—

a

V’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

b

V is registered in the visiting European part of the register maintained by a Council,

that Council may remove V from that part.

7

Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by a Council, of rules under section 59.

2A

Subsections (1) and (2), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European part of the register, have effect subject to, respectively, subsections (2B) and (2C).

2B

Rules made under subsection (1)—

a

may not impose requirements on P if P is required to undertake, in P’s home State, further training in relation to the profession of social worker; and

b

where they impose requirements on P—

i

shall take account of the fact that P is a fully qualified social worker in P’s home State, and

ii

shall specify that training which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

2C

Where rules make provision such as is mentioned in subsection (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P’s continued lawful establishment as a social worker in P’s home State.

2D

In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a social worker.

1A

An appeal shall lie to the Tribunal against a decision of a Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person’s becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.