Health and Social Care Professionals Act 2005

Registration of existing practitioners.

91.—(1) The registration board of a designated profession listed in the second column of Schedule 3 shall grant registration to a person who, at any time during the period of 5 years ending on the relevant date, was engaged in the practice of that profession and who—

(a) applies during the transitional period to that board for registration,

(b) complies with section 37 (2) and with any requirement imposed on, or request made to, him or her under section 37 (3) as applied by this section,

(c) either—

(i) holds—

(I) a qualification listed opposite that profession in the third column of that Schedule or a corresponding qualification, or

(II) a qualification that, in the opinion of the board, is sufficiently relevant to that profession and is of a standard not lower than a qualification listed opposite the profession in the third column of that Schedule,

or

(ii) successfully completes an assessment of professional competence set by the board in accordance with any guidelines issued by the Council,

(d) satisfies the board that he or she is a fit and proper person to engage in the practice of that profession, and

(e) pays the required fee to the Council.

(2) The Social Care Workers Registration Board shall grant registration to a person who, at any time during the period of 5 years ending on the relevant date, was engaged in the practice of the profession of social care worker and who—

(a) applies during the transitional period to that board for registration,

(b) meets the requirements of paragraphs (a), (b), (d) and (e) of subsection (1),

(c) has been engaged in the continuous practice of that profession for a period of not less than 2 years immediately preceding the date of application, and

(d) is, in the written opinion of the person's employer, competent in the practice of that profession.

(3) An opinion is not valid for the purpose of subsection (2)(d) unless the employer concerned has, in forming that opinion, taken account of any assessment guidelines issued by the Council for that purpose.

(4) The function of the Social Care Workers Registration Board under subsection (2) is in addition to, and not in substitution for, its function under subsection (1) in relation to applicants for registration.

(5) The registration board of a designated profession (other than a profession listed in the second column of Schedule 3) shall grant registration to a person who, any time during the period of 5 years ending on the relevant date, was engaged in the practice of the designated profession and who—

(a) applies during the transitional period to that board for registration,

(b) complies with section 37 (2) and with any requirement imposed on, or request made to, him or her under section 37 (3) as applied by this section,

(c) either—

(i) holds—

(I) a qualification prescribed under section 95 for that profession or a corresponding qualification, or

(II) a qualification that, in the opinion of the board, is sufficiently relevant to that profession and is of a standard not lower than a qualification prescribed under section 95 for that profession,

or

(ii) successfully completes an assessment of professional competence set by the board in accordance with any guidelines issued by the Council,

(d) satisfies the board that he or she is a fit and proper person to engage in the practice of that profession, and

(e) pays the required fee to the Council.

(6) Section 37 (3) applies in relation to an application for registration made during the transitional period under this section and sections 43 and 44 apply in relation to any decision made by a registration board or the Council concerning that application.